By Timothy S. Donahue
Top Takeaways:
- Implementation Delayed: Iowa postponed its vape product directory on the day restrictions were scheduled to begin.
- Retailer Reprieve: Shops can continue selling products while the state completes its review.
- Penalties Pending: Violations could eventually cost retailers $300 per product per day.
Iowa’s vape crackdown hit the brakes before it even left the starting line.
The Iowa Department of Revenue postponed implementation of its vapor products directory on Thursday, Oct. 15, the day new restrictions were scheduled to take effect. Officials said they need more time to determine which products qualify for inclusion and have not announced a new date.
Department spokesperson John Fuller said the previously scheduled Nov. 16 enforcement date has also been postponed. Retailers will not be subject to the new sales restrictions until the directory is published.
Under the law, manufacturers must pay $100 annually for each registered product, and most must have U.S. Food and Drug Administration marketing authorization or qualify under certain pending premarket tobacco product applications (PMTAs). Retailers selling products excluded from the directory could face fines of $300 per product per day and possible permit revocation.
The delay follows a legal challenge from Iowa vape businesses. A federal judge temporarily blocked the law, but the Eighth Circuit Court of Appeals overturned the injunction in July, clearing the way for implementation.
Iowa joins at least 16 states that have adopted similar product-directory laws. Vape retailers have argued that the restrictions threaten small businesses and limit consumers’ access to alternatives to cigarettes.
The Department of Revenue said that revised publication and enforcement dates will be posted on its website once officials complete their review.
