A bipartisan coalition of leaders in the South Carolina House and Senate has introduced legislation to combat the growing impact of illegal, flavored vapes on kids and communities.
House Bill H.3728 and Senate Bill S.287 aim to curb the proliferation of flavored disposable vapes, which are designed to attract youth with flavors like cotton candy, bubble gum, and piña colada. Many of these products are disguised as everyday items—such as highlighters, cellphones, USB drives, and makeup—to evade detection by parents, educators, and law enforcement.
The latest data from the S.C. Department of Alcohol and Other Drug Abuse Services shows that nearly half of South Carolina high school students have used these products. Nationally, the Centers for Disease Control and Prevention (CDC) reports a 2,600% increase in youth vape use since 2019.
A Foreign-Driven Illicit Market
An estimated 90% of disposable vapes originate from Shenzhen, China, known as the world’s “Vapor Valley.” Although these products are banned in China, manufacturers continue producing them for an illicit U.S. market, exposing American youth to unregulated, potentially harmful substances. Due to weak federal oversight, these products are flooding U.S. retailers at alarming rates.
How This Legislation Works
H.3728 and S.287 propose creating a statewide vape registry, enabling law enforcement and retailers to verify which products are legally approved for sale by the Food and Drug Administration (FDA).
Key provisions of the bills include:
✅ Vape registry: Manufacturers must apply and annually certify to the Attorney General that each vape product sold in South Carolina has received FDA approval.
✅ Advertising and Marketing Restrictions: The bill imposes restrictions on advertising and marketing practices to prevent targeting minors.
✅ Packaging Requirements: Vape products must be sold in child-resistant packaging and include a conspicuous warning about the addictive nature of nicotine.
✅ Penalties for Non-Compliance: Violations of these provisions result in fines of $1,000 per day, escalating civil penalties, and the right for law enforcement to to seize and destroy illegal products.
Legislative Support
H.3728 sponsors: Reps. Wooten, B. Newton, Bannister, Erickson, T. Moore, J.E. Johnson, Guest, Bailey, Hewitt, Kirby, Collins, Ballentine, Pedalino, Wetmore, M.M. Smith, Pope, Rutherford, Oremus, Herbkersman, Forrest, Hixon, Lowe, and Kilmartin.S.287 sponsors: Senators Alexander, Hutto, Grooms, Verdin, Davis, Turner, Gambrell, Hembree, Cromer, Kimbrell, Elliott, Zell, Ott, and Garrett.
Why This Matters
Without these protections, foreign manufacturers will continue flooding the U.S. market with illegal, unregulated vapes, endangering South Carolina’s youth.The Coalition to Protect SC Kids urges parents, educators, law enforcement, and health care officials to advocate for the swift passage of this critical legislation.
