Lawmakers in the U.S. state of Florida are advancing two separate but closely watched tobacco-related bills. One proposal would tighten restrictions on the advertising, promotion, and display of e-cigarettes that have not received U.S. FDA marketing authorization, while another would remove heated tobacco products from the state’s cigarette tax framework.

Key Takeaways

• Country/Region: Florida, United States
• SB 980 status: Passed the Senate Commerce and Tourism Committee 8–0; next to be reviewed by two fiscal-related Senate committees
• SB 980 focus: Stricter limits on advertising, promotion, and display of non–FDA-authorized e-cigarettes; open displays banned in convenience stores and gas stations
• Exception: Products with FDA Marketing Authorization Orders may still be promoted at retail
• HB 377 focus: Excludes heated tobacco products from taxation as cigarettes
• Debate point: Opponents argue heated tobacco still meets the federal legal definition of cigarettes

SB 980: Tighter Controls on Non-FDA-Authorized Vapes

According to Florida Politics, Senate Bill 980 (SB 980) seeks to establish state-level “guardrails” between federal regulation and on-the-ground market realities. The bill focuses on limiting how e-cigarettes that lack FDA marketing authorization can be advertised, promoted, and displayed at retail.

A key provision would prohibit open-display merchandising of such products in high-traffic retail environments, including convenience stores and gas stations.

Penalties and Enforcement

SB 980 introduces a graduated penalty system:

• First violation: Administrative fine of $500–$1,000, a 7-day license suspension, and a requirement to correct violations within 15 days
• Three or more violations within 12 weeks of the first offense: Classified as a second-degree misdemeanor

Revenue from fines would be directed to the Florida Department of Law Enforcement (FDLE) to support staffing, investigations, and youth tobacco-cessation outreach programs.

The bill includes an exception: retailers selling products that have received an FDA Marketing Authorization Order (MAO) would still be permitted to promote those products in-store.

Industry and Legislative Debate

During committee review, the Florida Retail Federation and Juul Labs indicated opposition to the bill, though neither testified at the hearing.

Senator Jim Boyd raised concerns that the bill could unintentionally make it easier for “illegal products from China” to enter the retail market, cautioning that some claims made during testimony might not be fully accurate.

In response, bill sponsor Sen. Alexis Calatayud (Republican, Miami) argued that non–FDA-authorized vaping products are already widely sold in convenience stores and gas stations. Given the high cost of comprehensive enforcement at both federal and state levels, she described SB 980 as a practical tool to protect minors.

SB 980 will next be reviewed by the Senate Agriculture, Environment, and General Government Appropriations Committee and the Fiscal Policy Committee. A companion House bill, HB 843, sponsored by Rep. Alex Rizo, has been referred to three committees but has not yet been voted on.

HB 377: Heated Tobacco and Cigarette Taxation

On the same day, the Florida House Ways & Means Committee approved House Bill 377 (HB 377) by a 14–1 vote. The bill would remove heated tobacco products from the category of products taxed as cigarettes.

The lone dissenting vote came from Democratic Rep. Anna Eskamani of Orlando, who described her opposition as largely symbolic. She argued that statements from the governor’s office had already achieved the policy goal in practice, and that the bill primarily serves to codify that position in statute.

Bill sponsor Rep. Chase Tramont (Republican) said the legislation is about “bringing the law in line with new technology,” emphasizing that heated tobacco products do not involve combustion and therefore differ from traditional cigarettes.

A House analysis describes heated tobacco products as devices that heat tobacco-filled sticks to generate a nicotine-containing aerosol, which users inhale—rather than producing smoke through burning.

Source note: This article is an English translation/adaptation of the original Chinese report by 2Firsts (Jan 28, 2026), based on coverage from Florida Politics. Content is provided for informational purposes only.