Delaware Senate Bill SB77

Delaware 2025-2026 Regular Session

• Introduced: 3/20/25
• Refer: 3/20/25

Caption

An Act To Amend Title 30 Of The Delaware Code Relating To Electronic Smoking Devices And Vapor Products.

Impact

The legislation aims to create a more controlled and regulated environment for electronic smoking devices in Delaware. By enforcing premarket application requirements, the bill seeks to limit the sale of potentially harmful products that may not have undergone rigorous safety evaluations. It imposes penalties for non-compliance, which could help to reduce the prevalence of unregulated and potentially dangerous vaping products on the market. Ultimately, the bill aims to protect public health and inform consumers regarding the legitimacy and safety of the products they purchase.

Summary

Senate Bill 77 proposes amendments to Title 30 of the Delaware Code concerning electronic smoking devices and nicotine vapor products. The bill introduces a directory system that mandates all manufacturers to register their products before they can be legally sold in the state. This directory will only include products that have obtained necessary premarket approvals from the FDA, thereby ensuring that the products meet specific safety and health standards. The act emphasizes the compliance of manufacturers with federal regulations, aiming to enhance consumer safety in the rapidly growing market for vaping products.

Sentiment

The sentiment surrounding SB 77 appears to be generally supportive within public health circles, with advocates arguing that the bill is a necessary step in regulating a burgeoning industry that poses risks to consumer health, particularly among young people. Conversely, there may be some contention among manufacturers and retailers who perceive these regulations as a barrier to entry in the marketplace or an undue burden on their operations. Nevertheless, the emphasis on consumer safety tends to overshadow the economic concerns for many stakeholders.

Contention

Despite the overarching support for consumer protection, notable points of contention exist concerning the feasibility of compliance for manufacturers, especially smaller companies that may struggle to meet the regulatory obligations outlined in the bill. The civil penalties imposed for violations, which can escalate with repeated offenses, may also concern businesses that rely on the sale of these products. Additionally, some legislators may argue about the effectiveness of such measures in curtailing the underage use of vaping products, creating a complex dialogue about how best to balance regulation with access.