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Tennessee – [Concluded] Stop a Cigarette Protection Bill!

current status

Bill
Introduced

Passed
House

Passed
Senate

Signed by
Governor

03/15/22 – [CANCELED] Both HB 2119 and SB 2143 are expected to be ammended to include language that establishes a PMTA product registry. Both bills are scheduled for hearings on Tuesday, March 15, 2022 (details below)

Companion bills SB 2143 and HB 2119* would require the state of Tennessee to maintain a registry of nicotine products authorized for sale by the FDA. While there are a few new tobacco products that have been granted FDA marketing orders and approximately 55,000 others that are awaiting final decisions, the selection of newer, safer nicotine products is being slashed and burned. This legislation would make Tennessee an enforcement arm of the FDA.

*These bills are being amended to include language from HB 2705/SB 2219, which contains the language for the registry and new penalties for use and possession by people under the age of 21.

[UPDATE 03/15/22] This legislation has been pulled by the bills’ sponsor.

  • SB 2143/HB 2119 places the burden and expense of enforcing FDA’s failing nicotine regulations on the state.
  • Share your experience with switching to smoke-free products like vaping and nicotine pouches.
  • Tennessee taxpayers should not be subsidizing big tobacco’s business strategy of cornering the market for new nicotine products and combustible tobacco.
  • Legal, regulated businesses will be closed as consumers are forced to purchase products on an unsafe underground market.
  • Urge committee members to OPPOSE SB 2143/HB 2119!

In principal, a list of authorized products is supposed to protect consumers by providing a reference they can rely on to be confident about the products they’re buying. But this policy is more about enforcing FDA’s disastrous nicotine regulations which are handing the market to incumbent and wealthy tobacco companies. The net effect of these bills will be to reduce consumer access, hurt small businesses, and pressure people to buy products on an underground market. In short, SB 2143/HB 2119 will make buying and consuming smoke-free nicotine products less safe.

States are under no obligation to adopt such measures and will bear the expense of enforcement. While another provision of these bills increases penalties for retailers selling to people under 21 years old, it will not be enough to offset the expense of Tennessee opening up a new front in the Drug War.