Starting September 1, 2025, a new rule in Wisconsin limits which vaping products can be sold in the state. Only e-cigarettes listed on the Electronic Vaping Device Directory, run by the Department of Revenue, can now be legally sold here.
To get listed in the directory, manufacturers must pay $500 per product and prove that their product has been authorized by the FDA (Food and Drug Administration) or is at least under review by the FDA. This means many of the vapes currently being sold are now illegal to sell in Wisconsin.
This type of regulation is not unique to Wisconsin. Several other states have introduced similar policies, often using nearly identical language. These rules are frequently described as public health measures intended to more closely regulate vaping products and limit the sale of unapproved or unregulated products. However, health experts don’t create these laws; tobacco companies make them to drive competition off the market. Big tobacco companies now own or heavily invest in some of the most popular e-cigarette brands. By creating strict rules that are expensive and hard for smaller vape companies to follow, they reduce competition and gain a larger share of the market.
Additionally, meeting FDA requirements can be complex and expensive. Larger companies with more resources may be better equipped to handle the costs and documentation needed to comply. Smaller businesses, which may lack the legal or financial infrastructure to meet these standards, could face challenges staying in business.
Most importantly, this law doesn’t do what we know actually helps reduce youth vaping and protect public health. We need strong laws that keep tobacco away from minors and preserve their health, such as regular inspections and licensing for stores that sell tobacco, higher prices for tobacco and vape products to discourage use, protecting smoke-free air laws, and well-funded public education and prevention programs. These are the strategies that research shows make a real difference.
It’s also important to know that vapes are not approved by the FDA as a way to quit smoking.
Although some vaping products are marketed as alternatives to cigarettes, there is currently no official determination that they are safe or effective for quitting smoking. In contrast, the FDA has approved other methods, such as nicotine replacement therapies (patches, gums) and medications, which have been subject to clinical testing.
Wisconsin’s new directory rule focuses primarily on product eligibility and retailer compliance. It does not directly address some of the other strategies that have shown success in reducing youth vaping rates. If we really want to reduce youth vaping and protect health, we need to invest in strategies that have been proven to work and not ones pushed by the tobacco industry.
About the KRW Tobacco-Free Coalition
As a part of the Hope Council, the KRW Tobacco-Free Coalition serves Kenosha, Racine, and Walworth Counties. The program works with the counties together to educate about the hazards of tobacco use and second-hand smoke, promote cessation, and support youth in choosing a tobacco-free life.
