[HSCIPL] Louisiana Vape Shops Struggle Under New State Regulations

[RIDOH Health Services Council Interested Parties List]

When Mohamad Nofel had to remove dozens of vape products from his Baton Rouge smoke shop shelves, turning away nearly a half-dozen customers in one day, he knew Louisiana’s new vape regulations would severely impact revenue.

“Our walls are empty,” said vape retailer Omar Dawud, who faces a 60% sales slump. “It’s really affecting me."

For smoke shop owners across Louisiana, strict new rules around permissible vape products have forced them to pull popular sellers, threatening the survival of businesses already operating on thin margins.

Explaining Louisiana’s New Vape Laws

Signed into law as Act 414, Louisiana’s legislation aims to curb teen vaping rates by restricting access to flavored disposables considered tempting. It mandates that all vape products sold in Louisiana hold FDA approval or exemption.

The law also levies a tax on vape goods to fund state trooper salaries. But a group of retailers contends the restrictive product registry defeats revenue generation, violating the state constitution.

“It was designed to protect our youth from access to a product that has been deemed dangerous to their health,” said Alcohol and Tobacco Control head Ernest Legier. “While I’ve sympathized with businesses, it is something that we’re going to have to live with as a community."

Analyzing Louisiana’s Approved Vape Product Registry

The ATC’s recently published online[V.A.P.E. Directory](https://urldefense.com/v3/__https://ecigator.com/business/louisiana-vape-product-directory/)details__;!!KKphUJtCzQ!LlRFVBdoN-EW83Ts_BSNU6rdAN8U4cCBac-QJR3LeAgU1gbo5gtG8SG9_Vp7a6CcPl1LBtemCy4LDp9YdBLr9FLc$ [ecigator[.]com] exactly which products can remain legally sold. However, retailers say the narrow 397-item list bans the most popular vapes.

“That’s almost $450,000. That’s a lot of money,” said Dawud, who can now only sell 2 out of 31 formerly available vape juice brands. Big tobacco-owned brands comprise much of the registry.

The approved registry includes just six disposable vape varieties, which retailers call dated and inferior to banned alternatives like Elf Bars. Of just nine total vape brands listed, variants simply alter flavor or nicotine concentration without substantially expanding options.

“They want to tell you want to sell and what not to sell. It’s like a big, big monopoly,” said Nofel.

Repercussions for Customers and Businesses

Customers reliant on vaping for smoking cessation now struggle finding alternative nicotine sources as favored[disposable vape brands](https://urldefense.com/v3/__https://ecigator.com/)vanish__;!!KKphUJtCzQ!LlRFVBdoN-EW83Ts_BSNU6rdAN8U4cCBac-QJR3LeAgU1gbo5gtG8SG9_Vp7a6CcPl1LBtemCy4LDp9YdHQgxTHq$ [ecigator[.]com]. With comparisons to prohibition, critics argue the regulations could perversely increase cigarette smoking rates if ex-smokers cannot readily access vape substitutes.

For smoke shop owners, slashing top-selling items has already devastated revenues. "It's affecting me to the point I'm thinking of moving out of state,” said Dawud. Employees now grapple with reduced hours or job loss.

If the rules continue throttling sales, widespread smoke shop closures could occur. However, public health officials consider curbing teen adoption rates vital, regardless of business impacts. Still, retailers maintain more moderate regulations could allow lawful access without terminating popular vape products.

The Pending Legal Challenge

Within retailer complaints about arbitrarily restricted commerce lies real legal contention. The Louisiana Convenience and Vape Association filed suit disputing the regulations as unconstitutional.

They argue appending dramatic product limitations to existing vapor tax legislation violates rules about legislative amendments. By erasing most vape tax revenue sources through removal rather than taxation, the new constraints undermine their own economic purpose.

“You can’t create the revenue volume you need for a dedicated tax with these products,” said attorney Tom Clark.

State representatives contest lost tax dollars, countering enhanced enforcement now captures revenue lost from previous untracked online sales. However, if the current injunction succeeds, Louisiana could once again permit banned disposable vapes.

Perspectives on Teen Usage Versus Business Realities

Most agree limiting teen vape adoption is positive. However, small smoke shop owners feel left behind by rigid protocols favoring big tobacco constituencies without workable off-ramps for existing adult customers.

In their view, balanced amendments accommodating public health goals while allowing access to regulated vape commerce could prevent severe financial consequences. Yet state agencies currently take an uncompromising stance.

Ultimately Louisiana's vape regulations reflect the complex balancing of priorities between health policy directives, business welfare and consumer freedom. If the court challenge fails to ease constraints, the rules will likely catalyze irreversible changes across the state's vape retail landscape.
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