south dakota

In South Dakota’s 100th Legislative Session (2025), a proposed vaping regulation bill sparked debate by favoring Big Tobacco companies, contradicting the state legislature’s longstanding principle of “don’t pick winners or losers.”

The original legislation, which appeared to create a monopoly for Big Tobacco through restrictive compliance measures tied to PMTA registry requirements, drew opposition from independent vaping manufacturers, including Fifty Bar. Our coalition, led by Fifty Bar, proposed a balanced amendment that aligned with federal FDA guidelines, allowing products with pending PMTA applications to remain on the market while ensuring consumer safety through sensible regulations.

This amendment aimed to level the playing field for U.S.-based manufacturers. Big Tobacco rejected the amendment, as it eliminated their monopolistic advantage.

However, a bipartisan majority in the South Dakota Senate, recognizing the value of fair competition, adopted the amendment, reflecting the state’s commitment to avoiding government-backed favoritism. In response, proponents of the original bill, backed by Big Tobacco interests, withdrew their support, leading to the bill’s failure before it could reach a final vote.