Strict enforcement of Mississippi's new vaping regulations has officially begun, leading to empty shelves and significant financial losses for local retailers. Following the passage of House Bill 916 in March, businesses were given until December 1st to remove all vaping products not listed in a newly created state directory. This directory only includes products that have received marketing authorization from the U.S. Food and Drug Administration (FDA) or have a pending application.
The impact is being felt acutely by small business owners. Esam Al Mugari, owner of Exotic Smokerz in Columbus, reported discarding at least $40,000 worth of inventory to comply with the law. "We can’t do (anything) about it. We had to throw it out," Al Mugari stated, noting that most brands he previously sold were not on the approved list. He expressed concern about future revenue, as he can now offer only a fraction of his previous product range to customers.
Robert McMillen, associate director of Mississippi State University’s Social Science Research Center Tobacco Control Unit, explained that the law aims to regulate a market that has been largely unchecked since 2018. He noted that many unauthorized products blatantly target minors with fruit flavors and high nicotine levels. However, McMillen acknowledged the controversy surrounding the directory approach, which critics argue favors large tobacco companies with the resources to navigate the expensive FDA authorization process, potentially squeezing out smaller independent distributors.
Enforcement measures are strict. Stores found selling unauthorized products face progressive fines starting at $500 per item for a first offense, escalating to $1,000 for subsequent violations. Unauthorized merchandise is subject to seizure and destruction by state authorities. Local law enforcement, including the Columbus Police Department, has indicated readiness to enforce the law upon receiving tips or discovering illegal sales. The effectiveness of this enforcement remains to be seen, with McMillen noting it could "dramatically change the landscape" if pursued rigorously.
