Vaping products. PC: Fox 11 Online
(WTAQ-WLUK) — New regulations on electronic vaping devices took effect Monday in Wisconsin.
Starting Sept. 1, any electronic vaping device not listed on the Department of Revenue’s Electronic Vaping Device Directory is illegal to sell in the Badger State.
Officials say there are currently 216 vaping device products listed on that directory. The regulations primarily impact disposable vapes (or “dispos”), open-tanks and juices, according to Tyler Hall of WiscoFAST.
Customers can still purchase many re-usable vapes, but they’re less popular and cost more up-front, said Smokey’s Tobacco and Vape in Grand Chute, who added dispos were their biggest source of income. They saw a gradual hit in sales as stock dwindled leading up to the ban.
“Probably 50% would come in, ask to see our selected vapes, see that it was very limited and then walk right out the door,” said Brandon Miedtke of Smokey’s Tobacco and Vape.
Electronic vaping devices that contain hemp but do not contain nicotine are not required to be on the directory until July 1, 2026.
Any retailer or manufacturer that sells or offers to sell an electronic vaping device that is not listed on the directory will be subject to a $1,000 fine per day for each device. These devices are also subject to seizure.
Under Wisconsin law, the Department of Revenue is required to maintain a publicly available directory of electronic vaping devices.
The ban comes from the 2023 Wisconsin Act 73, which requires these vapes be authorized by the FDA but faces opposition. WiscoFAST, or Wisconsinites for Alternatives to Smoking Tobacco, sued the Wisconsin Department of Revenue.
“We believe vaping is a perfectly good and safe alternative to smoking,” said Hall, the president of WiscoFAST.
Data shows cigarette smoking has decreased while vaping has increased.
“I used to be a cigarette smoker and I switched over to vaping,” said Miedtke.
This lawsuit is one area of opposition.
“We are working with lawmakers around the state to come up with some reasonable regulations,” said Hall.
The other is a new bill that would walk back some of these restrictions — including on THC. That bill is currently in the state Senate.
Rep. Jim Piwowarczyk, R-Hubertus, voted against that bill in the Assembly. His main problem with the bill is increasing THC access, especially if increased access ultimately puts them in the hands of children.
“I don’t want children to be able to access these vapes that contain THC,” said Piwowarczyk, who then added there are concerns with vapes, but he is open to different legislation.
So, to summarize:
- Only vapes in the Department of Revenue directory can now be sold.
- Smoke shops are concerned they can stay open.
- These restrictions face opposition from a lawsuit and impending litigation.
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