This week I wanted to share an update on LB1296 that I introduced and that passed in 2024. LB1296 regulates vaping products sold in Nebraska by requiring manufacturers to register their products with the Department of Revenue. I created this legislation after learning how the federal government’s ongoing failure to regulate these addictive products, intended for use by adults, was creating problems within our state.
Lacking sensible regulation, and despite age-verification laws, vaping products were readily finding their way into the hands of our children. After working to pass an excise tax on vaping products during my first year in the Legislature I was contacted by many concerned parents, teachers, and even vape product retailers who shared similar concerns about the unchecked proliferation of these products.
The most egregious example that was shared was from the administration of an elementary school in District 24 who had confiscated a vape device from a third grader. This vape device looked like a sippy cup, and if not for the careful examination of it by staff at the elementary school, it could have sat in a classroom unnoticed. As of July 19, 2024, the sale of such devices were banned in our state. LB1296 also banned practices that marketed these products to underage children. This new law also banned the online sale for delivery of all nicotine vaping products. Adults can still order these online as long as they picked them up in person at a local retailer.
Under LB1296, the manufacturers of nicotine vaping products were required to register their products by April 1st of this year. On October 1st, the Nebraska Department of Revenue published the first registry of legal nicotine vaping products. Any products not registered on this list are now illegal to sell in our state.
Why is this significant? Nearly all vaping products are manufactured overseas with the vast majority of products made in China. U.S.-owned vaping manufacturers and many local retailers have shared their concerns about the quality and composition of the products being made and sold by Chinese-owned vaping companies. These products have flooded the U.S. market, resulting in more than 6,300 products being available to consumers. Some of these products have been found to contain elevated levels of uranium and other toxic metals like lead and nickel. As expected, the majority of these products were not registered by their Chinese owners. In fact, only 1316 products, which is less than 21 percent of all products in the United States, are currently registered with the Department of Revenue and legal to sell in our state.
These are positive developments for both our children and the legal adult consumers of these products. I appreciate the help of Attorney General Mike Hilgers and his staff, the staff at the Department of Revenue, multiple Nebraska retailers, several U.S. manufacturers, and many other stakeholders to develop, pass, and implement this sensible legislation.
As always, if I can be of assistance to you in any way, please do not hesitate to contact my office. My staff members – Matt and Katie – are available to assist you with your needs, and they pass along messages, so if you’d like a call back, please let them know!
Email: jhughes@leg.ne.gov
Phone: 402-471-2756
Facebook: Senator Jana Hughes
