Provides relative to vapor products and alternative nicotine products (EG INCREASE GF RV See Note)

HB 782 amends Louisiana's regulatory framework for vapor and alternative nicotine products by expanding the definition of products subject to state regulation and significantly increasing associated permit fees and penalties. The bill adds "nicotine analogue" as a defined term encompassing substances with chemical structures substantially similar to nicotine or with similar effects on the central nervous system, and it modifies the definitions of both "alternative nicotine product" and "vapor product" to include nicotine analogues. The measure increases annual permit fees across all categories: retail dealer permits rise from $25 to $100, vending machine operator permits from $75 to $300, individual vending machine registrations from $5 to $20, and wholesale dealer permits from $75 to $100. Additionally, the bill requires wholesale dealers to affirmatively verify that retail dealers possess valid, unsuspended permits before completing any sale of tobacco, vapor, or alternative nicotine products. The legislation creates a new seizure and forfeiture mechanism allowing the commissioner of alcohol and tobacco or local law enforcement to confiscate products sold in violation of law, with the costs of seizure and destruction borne by the violating person.

The bill imposes a substantially more rigorous penalty structure for violations related to unpermitted sales and products not listed in the state's vapor and alternative nicotine product directory. For violations of directory requirements, first-time offenders face fines of $1,000, second offenders within two years face $2,000 fines plus a six-month permit suspension, and third offenders face $4,500 fines and permit revocation. For other permit-related violations under R.S. 26:906, a tiered penalty schedule establishes first offenses at $500 to $1,000, second offenses at $1,000 to $2,000, and third offenses at $2,000 to $4,000. The bill also mandates that courts order violators to disgorge all profits from illegal sales and establishes personal liability for investigation costs, expert witness fees, and reasonable attorney fees. These provisions directly affect wholesale dealers, retail dealers, vending machine operators, and any other persons engaged in the sale or distribution of vapor or alternative nicotine products, as well as local law enforcement agencies tasked with enforcement.

The legislation operates within the existing regulatory structure established in Louisiana Revised Statutes Title 26, which governs alcohol and tobacco products, and extends the Office of Alcohol and Tobacco's existing authority to regulate vapor and alternative nicotine products alongside traditional tobacco items. The new definitions and expanded regulatory scope ensure that synthetic or chemically analogous nicotine products cannot circumvent state law through product design or marketing. The authorization for local law enforcement to retain fines collected creates a financial incentive mechanism for local enforcement activities. The bill's characterization of second or subsequent directory violations as unfair and deceptive trade practices invokes R.S. 51:1405(A), the state's consumer protection statute, creating potential for additional civil liability beyond the administrative penalties. The seizure and forfeiture mechanism is structured similarly to provisions applicable to other contraband goods and requires administrative due process before permit suspension or revocation occurs.