NASHVILLE, Tenn. – Tennessee lawmakers and public health advocates are seeking to strengthen the state’s vaping laws to better combat underage consumption, following a series of reforms introduced during the last legislative session. While progress has been made, challenges remain in enforcing stricter regulations, according to state officials and advocates.
During the 2023 Tennessee General Assembly session, lawmakers collaborated with the Department of Revenue and the Alcoholic Beverage Commission (TABC) to implement sweeping changes to the state’s vaping laws. Key measures included the introduction of a 10% vape tax and granting TABC the authority to conduct compliance checks and issue misdemeanor citations to employees who sell vaping products to minors. However, a critical flaw in the legislation has emerged: the lack of a required license or permit for selling vape products, which has complicated efforts to enforce penalties for underage sales.
Under the new law, retailers found guilty of selling vaping products to minors face significant fines. The first offense carries a $2,500 fine, while subsequent violations result in a minimum $20,000 fine and loss of licensure. However, Representative David Hawk, the sponsor of the legislation, acknowledged that neither the Department of Revenue nor TABC feel they have clear legal authority to enforce these fines due to the absence of a mandatory licensing system.
“It’s critically important that we achieve long-term success in preventing underage access to vaping products,” Hawk told News 5. “While there are improvements that need to be made, the current changes have already made a difference.”
According to TABC statistics obtained by News 5 in September, the commission’s compliance checks revealed a statewide noncompliance rate of 20.8%. Hawk emphasized that the new measures have helped raise awareness among businesses and reduce underage access to vaping products.
Stephanie Strutner, CEO of the Prevention Alliance of Tennessee, a public health nonprofit advocating for stricter vaping regulations, believes the next step should be requiring a tobacco retail license for vape product sales. “Last year’s vapor tax was a good start, but the evidence-based next step, supported by substance prevention science, is a tobacco retail license,” Strutner said.
Strutner explained that a retail license, combined with financial disincentives for noncompliance, would significantly improve adherence to underage sales laws. “When businesses face both financial penalties and the potential loss of their license, they are much more likely to comply with the law,” she said.
Representative Hawk declined to comment on the potential proposal for a retail license at this time, but he emphasized the need for clarity in the law to ensure its effectiveness.
As Tennessee continues to grapple with the challenges of regulating vaping products, lawmakers and advocates remain committed to finding solutions that protect minors while maintaining a balanced approach to enforcement. The coming legislative session will likely bring further discussions on how to strengthen the state’s vaping laws and reduce underage access to these products.
