South Dakota Vape Bill SB-116 crushes small business and criminalizes entrepreneurship

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The South Dakota vape sales ban, funded by Big Tobacco, is a ridiculous attempt to eliminate the independent vape industry and monopolize the market. This scheme involves passing PMTA Registry Bills at the state level, which would make the state government an enforcement arm for FDA regulators and criminalize business owners.

If this ban is passed, it would deny adult vapers access to the products they prefer and give the tobacco industry uncontested control of the market. The PMTA Registry bills are structured in a way that allows the tobacco industry's vape products to remain on the market, while barring their less expensive competition. They did so by requiring that all vape products be registered for certification with the FDA by the manufacturer on or before September 9th, 2020. No language in the bill sets forth procedure that would allow for products that do not comply with this provision to be manufactured or marketed in the State.

This not only harms small businesses and convenience stores but also limits consumer choice and entrepreneurship, as some locally owned vape shops manufacture their own juice in-house or rely on manufacturers that did not apply for certification within this timeline.

After discussion with some local vape store owners in Sioux Falls, it seems communication with the FDA over these applications remains stagnant to non-existent, leaving them in a state of uncertainty over the status of their products.

Furthermore, these bills serve as a flavor ban, denying adult vapers the flavors they prefer. Studies funded by the FDA have shown that cigarette sales increase in areas with flavor bans. Disposable vapes, which are popular among initiates and compete with prefilled pod kits made by Big Tobacco, would also be banned.

The cost difference between independent vape industry products and those made by Big Tobacco is significant. Vaping 30ml of e-liquid from a Vuse Alto costs over $200, while for Juul users, it increases to nearly $350. On the other hand, a Lost Mary MT15000 Turbo costs only $63 for the same amount of e-liquid. The South Dakota PMTA Registry Bill would eliminate all vape products released after 2016, leaving Vuse, Juul, and MyBlu with a virtual monopoly and the freedom to raise prices further.

This ban is not only detrimental to consumer choice and affordability but also to the thousands of jobs that would be destroyed in the process. The tobacco industry's PMTA Registry scheme is being proposed in multiple states, with the aim of converting state governments into enforcement arms for federal regulators.

It is important to note that according to the CDC youth vaping rates have been declining since 2019, and a national flavor ban that only benefits the tobacco industry seems unlikely. The FDA's PMTA process is also facing criticism, with conservative senators questioning its fairness. However, the deep-pocketed tobacco industry is using state-level restrictions to tilt the playing field in their favor.

In conclusion, the South Dakota vape sales ban, funded by Big Tobacco, is an unjust attempt to eliminate the independent vape industry and give the tobacco industry a monopoly. It is crucial for South Dakota residents to act now and protect vaping, consumer choice, and their pocketbooks.

See one of the local Sioux Falls businesses this may impact, you can read this article.

Contact Your Senators — Reach out to Senators Davis (prime), Hoffman, Schoenbeck, Stalzer, and Zikmund and Representatives Mulder (prime), Bartels, Blare, Duba, Heermann, Perry, and Tordsen urging them to oppose SB 116. Also, reach out personally to your South Dakota State Representative and State Senator to voice your opposition to this bill. Ask them for a phone call and be respectful!

Update to SB-116:

During a hearing scheduled on February 14th, 2024, the bill was withdrawn. For the time being, this bill has been sidelined, but could be reintroduced at any time.