Categories: Louisiana News

ATC cracks down on smoke shops: What makes vape products illegal in Louisiana?

LAFAYETTE, La. (KLFY) – A statewide enforcement operation led by the Louisiana Office of Alcohol and Tobacco Control (ATC) has led to the seizure of more than $1 million worth of illegal products from smoke shops across Louisiana, including tens of thousands of vape pens, CBD edibles and even hallucinogenic substances.

Two of those smoke shops are in Lafayette, the Candle Hookah Smoke Shop and Old Smokey Smoke Shop.

According to ATC Commissioner Ernest Legier, the crackdown is not over.

“This is about protecting the health and safety of our communities,” Legier said. “More enforcement is coming, and we want business owners and consumers to understand the law.”

Which raises the question: What exactly makes these products legal or illegal?

Legier said it all starts with registration.

“You need an FDA-approved marketing plan, which you have to provide to the ATC as evidence,” Legier said. “Businesses must pay the appropriate fees and comply with specific rules to legally sell products in Louisiana.”

Under state law, all vape and consumable hemp products must be listed in ATC’s official vape directory. Any product not included in the directory is illegal to sell inside a licensed shop. Once a business receives a permit, ATC agents are authorized to inspect the premises at any time.

“Any time you’re open, we can visit any area within that location—back offices, warehouses, anything attached to the structure,” Legier said. “Our agents have the right, and we exercise that right, to ensure compliance.”

The law also strictly prohibits flavored vape products, especially those that may appeal to youth, such as fruit, candy or dessert-flavored vapes. These items have been “specifically removed from the legal commerce within the state,” Legier explained, citing public health concerns and the influence such products have on underage users.

“We get complaints from parents who are concerned about usage by their children,” Legier said. “And we also hear from compliant businesses who are trying to follow the law but are forced to compete with shops that sell unapproved products.”

Shops caught selling non-compliant, unregistered or mislabeled products face significant penalties. According to Legier, the ATC can fine stores for every individual illegal item on their shelves. In more severe cases, ATC can suspend business permits—or revoke them entirely.

“The ATC has the ability to fine for every product that is non-compliant and illegal,” he said. “We can also suspend permits for durations of time that are appropriate, and we can revoke permits when necessary.”

The agency is encouraging the public to report suspicious or unlicensed product sales. Complaints can be submitted through the ATC’s website.

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