Louisiana has redefined “vapor products” to include nicotine and non-nicotine products. The law became effective on May 30, 2018 when Governor John Bel Edwards signed HB239.

The definitional change applies to laws banning sales to minors, requiring retail permitting and prohibiting self-service displays and vending machines except under limited circumstances.

The extension of laws regulating tobacco and vapor products to products that do not contain tobacco or even nicotine is an emerging issue. Although such laws geared toward preventing youth access are non-controversial, stronger arguments can be made over the imposition of other legal requirements, such as excise taxes, on non-nicotine vapor products or tobacco alternatives. However, as consumers continue to seek novel alternatives, look for regulators to fill the regulatory void.