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Bill

H 5666

Nicotine Delivery Products

2025-2026 Regular Session Introduced by Justin Bamberg

SC law would ban sale of nicotine products not made in the U.S. or from foreign adversarial countries and require full origin disclosures and FDA oversight.

Referred to Committee on Judiciary
0
WeVote Research Nonpartisan
Bill Summary · H 5666

Overview

H 5666 (2025-2026) from South Carolina seeks to regulate nicotine delivery products sold in the state by requiring manufacturing and supply chain disclosures and prohibiting certain products from sale. The bill, introduced May 6, 2026, would take effect upon the Governor’s approval.

Purpose and intent

  • To control and restrict the sale of nicotine delivery products (e.g., e-cigarettes, vaping devices, and similar items) within South Carolina by imposing manufacturing location and regulatory compliance requirements.
  • To bar products from sale if they originate from “foreign adversarial countries” as defined by federal law or regulation.
  • To increase transparency in the supply chain and origin of nicotine delivery products sold in the state.

Key provisions and changes

  • Section 44-95-70(A): Sales prohibition unless the nicotine delivery product’s manufacturer certifies:
    • (1) The product is manufactured in a facility located within the United States.
    • (2) The product is subject to inspection by the U.S. Food and Drug Administration (FDA).
  • Section 44-95-70(B): Prohibits retail sale of nicotine delivery products manufactured in foreign adversarial countries (as defined by federal law/regulation).
  • Section 44-95-70(C): The South Carolina Department of Revenue (DOR) must require manufacturers and distributors to disclose:
    • (1) Country of manufacture.
    • (2) Location of final assembly.
    • (3) Supply chain origin information as required by DOR.
  • Section 44-95-70(D): The DOR must promulgate regulations necessary to implement the section.

Who/what is affected

  • Manufacturers and distributors of nicotine delivery products sold in South Carolina will be subject to new certification and disclosure requirements.
  • Retailers in the state must ensure products meet the certification and origin disclosure standards or face prohibition on sale.
  • The Department of Revenue is charged with supervision, record-keeping, and regulatory implementation.

Procedural and timeline notes

  • The bill takes effect upon the Governor’s approval (no specific future date listed in the text).
  • The Department of Revenue is responsible for issuing implementing regulations to carry out the new provisions.
  • The bill adds compliance requirements that likely necessitate changes to product labeling, supply chain documentation, and internal record-keeping by manufacturers and distributors.

Summary of potential impact

  • Increased scrutiny of where nicotine delivery products come from, with a preference for U.S.-manufactured products subject to FDA oversight.
  • Potential reduction in availability of nicotine delivery products from foreign-adversarial countries.
  • Greater transparency for state tax and regulatory purposes through required disclosure of country of manufacture, final assembly location, and supply chain origins.
  • Administrative burden on manufacturers, distributors, and the DOR to collect, verify, and regulate disclosures.

Compiled from official sources — confirm details with the bill’s official record.

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