LOUISIANA (KPLC) – The ban on non-FDA-approved vape products will be enforced next week – that’s the latest from Louisiana Alcohol and Tobacco Control.
“We do what they say. If they say take them off, we take them off. If they say we can sell them again, we put them back up,” X-hale City manager Jalyne Brazzell said.
It’s been an ongoing battle for vape stores in Louisiana.
A new law passed last year says only vape products approved by the FDA could be sold in the state.
Brazzell said customers haven’t been pleased.
“A lot of it is very angry. They’re very upset with the government controlling them and whatnot,” Brazzell said.
After a lawsuit was filed by the Louisiana Convenience and Vape Commission, a judge granted a preliminary injunction in January, which essentially stopped the ATC from enforcing the ban.
19th Judicial Court records show a trial is set to begin in April, and in the meantime, the ATC announced it will once again enforce the vape ban beginning March 18.
We reached out to the ATC to see what legal mechanism is allowing enforcement to continue. We were simply told, “legal maneuvering”.
For the business owners caught in the fight, Brazzell said it’s frustrating.
“Since the whole ban started, it completely dropped sales. Even when we get them back, people don’t even really know when we get them back, so business hasn’t really picked up since,” Bazzell said.
She says nearly 65% of their sales come from those products now banned.
Initially, the ATC passed a law to triple taxes on vapes in Louisiana in June of 2023 and ban the sale of vapes not approved by the FDA. The extra revenue was going to be allocated to entities like state police.
The increase is due to Act 414 HB635, which was signed into law by former Gov. John Bel Edwards.
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