Louisiana Vape Ban Devastates Smoke Shops

Matthew Ma

Smoke shop owners across Louisiana are struggling to adapt to a new state law that severely restricts the vaping products they are allowed to sell. The ban, known as Act 414, aims to curb teen vaping but has cut many smoke shop revenues in half.

Smoke Shop Shelves Sit Empty

Mohamad Nofel, owner of several Deja Vu Smoke Shops in Baton Rouge, spent an afternoon in November removing banned vaping products from his stores. With a blue tarp, Nofel covered a wall that once held vapes now prohibited under Act 414.

"I turned away five or six customers today," said Nofel.

Like Nofel, owners statewide are grappling with near-empty shelves. "Our walls are empty," said Omar Dawud, owner of 318 Cloudz shops in Shreveport. Dawud's sales plunged 60% overnight. "It's really affecting me," he said, now mulling leaving Louisiana altogether.

Louisiana Retailers Challenge The Ban

Some impacted retailers, including Nofel and Dawud, joined the Louisiana Convenience and Vape Association (LCVA) to fight the law. In November, LCVA filed an injunction in 19th Judicial District Court seeking to halt enforcement of Act 414 as their case proceeds.

Supporters defend Act 414 as needed to curb rampant teen vaping. "It was designed to protect youth from dangerous products," said Ernest Legier of Louisiana's Office of Alcohol and Tobacco Control (ATC), the agency enforcing the law.

The Approved V.A.P.E. Product List

On November 10th, ATC published the regulatory V.A.P.E. (Vaporized Nicotine Products) Directory. The list dictates which vape products retailers can now legally sell.

Smoke shop owners argue the 397 approved products represent a tiny fraction of inventory. Of 31 vape juice brands Dawud stocked, only 2 made the directory. "That's almost $450,000," he said of lost revenue.

Disposable vapes only account for 6 items on the entire V.A.P.E. list. Banned are top sellers like Elf Bars preferred over the approved Crossbar brand designed for prisons.

Big tobacco owns stakes in many approved brands like Vuse and NJOY. "They want to tell you what to sell," said Nofel, calling the list a "big monopoly."

Customers And Revenue Vanish

In November, customer Orese Alford visited Deja Vu searching his usual vapes. Finding none, Alford worries the ban may drive more people back to cigarettes.

Another Deja Vu employee, Phill Oso, had almost no sales one day following enforcement. Some angry customers even threatened staff. "I feel there could have been other ways to regulate," said Oso.

Do Vape Taxes Violate The State Constitution?

LCVA's lawsuit alleges Act 414 violates Louisiana's constitution by gutting vape tax revenue meant for state troopers. When introduced, the law only taxed vapes. LCVA says prohibiting sales kills revenue, conflicting with constitutional rules on bill amendments.

Legier contends Louisiana now collects more revenue from legal vapes. Before, most vape purchases avoided all taxes through online sales. By restricting products, Legier said the state now taxes 100% of tracked purchases rather than 10-20% previously.

The Fate of Louisiana Smoke Shops

Despite arguments around taxes and regulations, Dawud echoes many smoke shop owners feeling the heavy impact on their livelihoods. The wide-ranging restrictions of Act 414 placed hundreds of Louisiana small businesses in crisis practically overnight.

As legal challenges move forward, smoke shop owners face extremely difficult choices balancing business survival with compliance. Customers, meanwhile, find far fewer options to aid smoking cessation. The ultimate fate of both owners and patrons remains unclear amid this hastily implemented yet sweeping vape industry overhaul.