(Bloomberg) -- US states are finding an unusual supporter in tobacco giant Altria Group Inc. as they crack down on disposable fruit-flavored vapes.

Louisiana late last year became one of the first demonstrated successes in using state laws to restrict sales of these kinds of vapes, which it calls a threat to public health. Twenty-five additional states are now considering similar legislation to create lists of approved vape products, according to the Public Health Law Center. Altria is taking some credit for the push. 

“We think these directories are important steps to telling retailers what they can and can’t sell,” said Steven Callahan, a managing director at Altria who leads enforcement efforts.

Callahan declined to elaborate on specific measures the company is taking to back the legislation but said it “actively” supports the directories.

The US Food and Drug Administration requires all tobacco products that have come on the market after February 2007 to be authorized by its review process, and lawsuits alleging that the sale of flavored, disposable vapes constitutes racketeering or violates other laws are ongoing. Still, federal penalties for violations are weak and enforcement across thousands of retail locations is difficult.

Even before Louisiana’s law came into force, retailers there stopped stocking up on flavored nicotine vapes, and by December, the market had almost been entirely replaced by legal products, Jefferies & Co. analyst Owen Bennett said in a recent research note.

Getting rid of illegal products would help Altria. Aside from benefiting from more cigarette sales, it could sell more tobacco-flavored NJOY vapes. The Marlboro maker is also preparing to submit proposals to the FDA to sell a flavored vape with Bluetooth technology designed to prevent underage use, as well as an e-cigarette-like device that heats tobacco but doesn’t burn it, emitting fewer harmful chemicals. 

Read More: Altria Plans New Blueberry Vape Products — But Not for Kids

Flavored, disposable vapes are so popular they even come in celebrity-backed varieties like Hulk Hogan’s Hulkamania in dragonfruit lemonade and Mike Tyson’s Iron Mike in apple mango pear. They’re sold widely in major stores like 7-Eleven and Circle K. Spokeswomen for Tyson 2.0 and Hulk Hogan declined to comment on the legality of their products.

Advocates Oppose

Groups that advocate for consumer choice say they are planning to oppose state directory laws as they come up.

“If someone needs to find some gross-sounding ‘piña colada’ product to really scratch that itch and get away from cigarettes,” said Alex Clark, chief executive officer of the Consumer Advocates for Smoke-Free Alternatives Association, “that product should be available to them.”

The US vape market generates at least $7.2 billion in annual sales, according to Circana, which tracks mass retail but not smoke shops. But the legitimate slice of that market is shrinking. Altria estimated in a recent presentation that disposable, flavored vapes lacking FDA authorization have grown by more than 60% in the past year, to make up around 50% of the entire category.

So far, government attempts to crack down haven’t made much headway. US lawmakers from both sides of the aisle rail against illegal vape imports from China. The FDA, which has so far authorized the sale of just 23 tobacco-flavored vape products, has issued more than 400 warning letters about the sale of unauthorized devices. Lawsuits have been filed by New York City, which alleges resellers violate the federal Prevent All Cigarette Trafficking Act, and in California. In the UK, new flavor bans and rules are pending. 

Last week, a group of US senators urged 22 major retailers, including 7-Eleven and Circle K, to stop selling such products. Neither retailer responded to a message seeking comment.

Hitting Hurdles

Louisiana’s directory has hit some hurdles. In January, a lawsuit brought by a group of retailers resulted in a temporary block on the state enforcing the law. Ernest Legier, commissioner of the Louisiana Office of Alcohol and Tobacco Control, said that almost overnight, flavored vapes reappeared on the shelves. 

“These types of products are very popular and provided a great revenue stream for the businesses that sold them,” Legier said. Despite the unresolved legal dispute, Louisiana plans to resume enforcement Monday.

It won’t be the end of challenges. Louisiana’s list — like the similar ones in Alabama, Oklahoma and Wisconsin — goes beyond the FDA’s 23 authorized products to include those from companies that have appealed an FDA denial or are waiting to hear back from the agency.

The Campaign for Tobacco-Free Kids, a nonprofit, criticizes the broader product lists. “These registry bills are a duplicative process being pushed by Big Tobacco,” said Dave Lemmon, a spokesman, because all vape products other than the 23 approved by the FDA shouldn’t be sold.

Altria’s Callahan said the directories are needed because the FDA doesn’t list the products that are trying to go through the regulatory process. “There’s no clear direction about which products are compliant with FDA’s regulations and which are not,” he said.

Michael R. Bloomberg, founder and majority owner of Bloomberg News parent Bloomberg LP, has campaigned and given money in support of a US ban on flavored e-cigarettes and tobacco. The Campaign for Tobacco-Free Kids gets funding in part from Bloomberg Philanthropies.

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