Starting Tuesday, July 1, most disposable vapes will no longer be legal in North Carolina as a result of House Bill 900, a bill signed into law last year by former Gov. Roy Cooper.
The law technically went into effect on May 1, but included a 60-day grace period, per page eight of the bill. This grace period allows retailers time to adjust based on the North Carolina Department of Revenue’s new directory of the U.S. Food and Drug Administration-approved [FDA] vape products.
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This new state law will allow vape products with a form of FDA approval to stay on shelves, wiping out many popular disposables like Lost Mary and Elf Bar. The law does not apply to products containing THC.
According to the FAQ page regarding the law, vapor products don't actually have to be officially approved by the FDA yet. Companies will just have to prove they've filed the request.
Until then, consumers will have to say goodbye to many popular flavored vapes, and could potentially see higher prices on what’s left.
Retailers had until June 29 to pull non-compliant products. Stores will also need a license from the Department of Revenue to keep selling vapes legally.
New taxes will also be imposed on alternative nicotine products, effective Tuesday. The tax basis for snuff, also known as smokeless tobacco, will change to a weight-based tax.
This change is meant to align North Carolina law with federal standards and limit youth access to unregulated products.
This call for increases in vapor product regulations comes at a time when vaping-related issues among people under 18 are at their highest. In North Carolina, 1 in 8 high school students vape, according to the state health department.
In 2019, Congress increased the federal minimum legal sales age of all tobacco products, including e-cigarettes, from 18 to 21.
However, the legal age to buy tobacco products in North Carolina is only 18, and North Carolina is one of only seven states that hasn’t passed a law yet to raise the age and make the state law compliant to the federal law.
On Tuesday, WRAL News tried speaking with owners of vape shops throughout Raleigh. Most of them have removed the banned vape products from their shelves. While none of the store owners wanted to speak with WRAL News on camera, they said they had surprised and disappointed customers.
Some vape store employees WRAL News talked to said they'd seen a 30% drop in business because of the ban. They also pointed out that because THC or hemp vapes are not included in the ban, they may start selling more of those soon.
Mohammad Ahmed works at a convenience store across the street from North Carolina State University. He said vapes used to be a hot item.
"I think 90% of the people that came in here came in for vapes," Ahmed said.
Ahmed said he is not sorry to see most of them go.
"I don’t really like selling them in general because how bad they are for your health," he said.
Customer Joo Eun also found empty shelves when he stopped in at a store on Peace Street to buy vape liquid. He hadn’t heard about the ban. Eun started vaping a month ago.
"I try to quit smoking cigarettes," Eun said. "My health is getting better."
Stores that sell non-approved vapes can face hefty fines. However, it’s unclear who’s supposed to be enforcing the ban.
The law puts it under the State Department of Revenue. However, a department spokesperson said no one was available for an interview on Tuesday about the law. The department also did not answer WRAL News' questions about how the law will work.
Makers of the banned products have asked federal courts to put the state's new law on hold.
WRAL Documentary on teen vaping
The WRAL Documentary team has covered teen vaping in Wake County, with WRAL News crews going undercover to see if anyone would ID a young person trying to buy a vape.
Watch "Gen V: Teen Vaping in North Carolina" here.