Springfield business owner warns of potential consequences of anti-youth vaping measure

Illinois lawmakers are targeting youth vaping this session, but a local business is ringing alarm bells with claims of unintended consequences.

Rates of youth vaping among U.S. high schoolers actually decreased in 2023 after years of increased use according to a report from the FDA and Centers of Disease Control and Prevention. Yet, both Democrat and Republican lawmakers find regulatory holes allowing the sale of particular products and advertising to children that they say need to be addressed in Springfield.

Among a series of anti-vaping legislation lawmakers are pursuing, House Bill 5069 would require manufacturers to provide certification that their products have not been adulterated and have been approved for sale by the U.S. Food and Drug Administration. Those in violation could have their distributor licenses suspended or revoked and be subject to civil penalties.

Unauthorized electronic cigarettes have flooded the market despite the FDA's attempted crackdown, coming primarily from overseas.

The issue has made its way to Springfield, where a prior analysis by The State Journal-Register found several convenience stores in the city selling unauthorized products such as Breeze bars, Glas vapes and Juul— denied authorization by the FDA in July 2022.

More: Springfield convenience stores found to be selling unauthorized vaping products

Manufacturers seeking authorization for a new tobacco product submit a premarket tobacco product application with the FDA.

Matthieu Fortin, owner of the Upper Limits vape shop on Second Street, described the process as confusing and often burdensome for individuals trying to enter into the industry.

HB 5069, he said, will effectively prohibit him from selling products that make up the majority of the store's revenue, putting his business and vaping operations throughout the state at-risk of closure.

"This isn't about kids," Fortin told The State Journal-Register. "This is solely an attempt to hand to take these products off the market and to give big tobacco a monopoly."

Bill sponsor and state Rep. Bob Rita argues his bill is not about hurting retailers like Fortin but rather about holding distributors and manufacturers accountable. He pushed back on characterization that his bill helps big tobacco, seeing it more as a way to help law enforcement to identify illegal products.

"If your business model is to sell a bunch of illegal products, yes, it would affect you," said Rita, D-Rock Island.

Illinois Attorney General Kwame Raoul is also backing the legislation, previously taking part in a $462 million — $67.6 million going to the state — multi-state settlement with Juul Labs for marketing its products to minors.

The legislation still needs a full chamber vote in the House before advancing to the Senate. Rita said an amendment will be filed clarifying his bill is intended for manufacturers and distributors, not retailers.

Senators passed two anti-vaping measures this week with near unanimous support, including one that would prohibit the online sale of vaping products to those under 21 and another preventing the advertising of e-cigarettes that look like school supplies.

Contact Patrick M. Keck: 312-549-9340, pkeck@gannett.com, twitter.com/@pkeckreporter.

This article originally appeared on State Journal-Register: Lawmakers try tackling youth vaping, Illinois business warns consequences