Alabama § 28-11-17.2 - Sale of Foreign Vaping Products Restricted.

§ 28-11-17.2. Sale of Foreign Vaping Products Restricted.

(a)(1) The Legislature finds and declares the following:

a. Electronic nicotine delivery systems, commonly called electronic cigarettes or e-cigarettes, or simply “vapes,” are battery-powered devices that use a heating mechanism to vaporize a mixture containing nicotine or other chemicals with the intent that the vapor be inhaled.

b. E-cigarettes are inherently harmful. The main ingredient, nicotine, is highly addictive, and the amounts of nicotine are largely unregulated. A single e-cigarette can have as much nicotine as hundreds of traditional cigarettes. Scientific studies have shown that the most commonly used organic solvent of e-cigarette oil, propylene glycol, has been shown to form carcinogens including formaldehyde when oxidized. The components of e-cigarettes contain varying amounts of carcinogenic metals, the most common of which are chromium, nickel, and aluminum which, when heated, can be released into the device and enter the user’s body.

c. E-liquids manufactured in foreign countries are notorious for being manufactured with pesticide-grade nicotine, industrial propylene glycol, and other highly harmful chemicals to the human body. There have been numerous reports of these foreign products being fraudulently labeled to bypass customs enforcement and regulators.

d. There are thousands of different types of e-cigarettes and varying e-liquids sold in the United States today, but only an extremely small fraction of this amount has actually received approval from the federal Food and Drug Administration.

e. The FDA has largely been silent in its role as industry regulator, and has not acted to remove unlawful vaping products from the shelves of retailers, nor has it acted to properly approve or disapprove vaping products for retail sale in the United States.

(2) Based on the foregoing, the Legislature declares that the health, safety, and welfare of the residents of the State of Alabama requires that until the FDA begins to effectively regulate vaping products in the United States, this state must restrict and prohibit the sale of foreign vaping products.

(b) Beginning October 1, 2025, no e-liquid, electronic nicotine delivery system, or alternative nicotine product may be added to the Electronic Nicotine Delivery System (ENDS) Directory maintained by the Department of Revenue pursuant to Section 28-11-17.1 unless either of the following apply:

(1) The product and its components are made, packaged, labeled, and manufactured in the United States.

(2) The manufacturer of the product has received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) authorizing the product to be introduced or delivered for introduction into interstate commerce.

(c) The Department of Revenue may require a manufacturer, wholesaler, or distributor of an e-liquid, electronic nicotine delivery system, or alternative nicotine product to certify under penalty of perjury that its products are in compliance with subdivision (b)(1).