A new bill would require that the state certify which vapor products and other consumable nicotene products are eligible to be sold in North Carolina — and punish stores that sell non-certified products.

The Senate Judiciary Committee approved the proposal Wednesday afternoon, and it advanced through its final committee stop Thursday, setting it up for a vote on the Senate floor. The proposal was added to HB 900, which deals with Wake County leadership academies.

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If passed into law, the changes would go into effect Dec. 1. Critics — including owners of vape stores and convenience stores that sell vaping products — say it could cut into their bottom lines and potentially put them out of business.

State lawmakers who support the bill cite health concerns, and fears that vaping products are being marketed toward children using bright colors and sweet, candy-like flavors.

But a main driving force behind the bill appears to be the tobacco industry, which for years has been losing market share among nicotene users to the vaping industry. North Carolina grows more tobacco than any other state in the nation.

Susan Vick, a prominent lobbyist at the state legislature, told the Senate Rules Committee on Thursday she was there to support the bill cracking down on vapes as a mother — citing concerns over vaping products being marketed toward kids — but also, officially, as a lobbyist for R.J. Reynolds, the tobacco giant based in Winston-Salem that makes Camel, Newport, Pall Mall and other cigarette brands.

“I’m asking you, as a mother: Do the right thing and make these vapes disappear off our shelves," she said.

Sen. Paul Lowe, a Democrat who represents Winston-Salem, said Thursday he thinks that vaping products without approval from the federal Food and Drug Administration should be banned not just in North Carolina but nationwide.

In 2021 the FDA gave its first-ever approval to a vaping product: Vuse, which is made by the R.J. Reynolds Vapor Company. The FDA later sought to walk back that approval, but Reynolds sued, and the product remains approved while the lawsuit plays out.

The proposal to crack down on vapes without FDA regulation has bipartisan support in the state legislature.

"The manufacturer has to get their product certified," said Sen. Michael Lee, a New Hanover County Republican and primary sponsor of the proposal, during the hearing Wednesday. "And then those certifications will then be on a public registry so retailers could make sure that they're selling things that have been approved."

The bill would need to pass the Senate and then the House before the end of the session to become law. Senate leaders have said they plan to complete their work by the end of the month. The chambers, both controlled by Republicans, have been unable to come to agreement on budget modifications for the fiscal year that begins July 1.

But Lee, who has four children between 17 and 24, said that, for he and his wife, vaping products have been "the bane of our existence" and it was difficult to keep up with all the different types of products that are on the market.

The U.S. Food and Drug Administration regulates the products, Lee said, but the FDA does not the ability to check which products are being sold. The bill would fine retailers who sell products who aren't on the registry for initial violations. The legislation could also suspend or revoke the license of the establishment.

"Products that are not approved for use should not be sold," Lee said.

He said he was sensitive to concerns about how quickly the proposal would go into effect if it becomes law. "I think it gives plenty of time for everyone to come in compliance with what the law is so that we can make sure that we protect our citizens," he said.

Several people spoke in opposition to the bill, including a lobbyist on behalf of more than 1,700 Asian-American-owned convenience stores.

"It's not as profitable as it used to be, and this is one area where they're able to actually make some money," said lobbyist Ches McDowell. "Real jobs, real families, real people. What this bill does will take hundreds of products off the shelf that these make money on and rely on."

Lee said the bill covers what the FDA regulates with respect to the delivery mechanism and the liquid it contains.