More States Consider Establishing Vapor Product Directories in 2025

In the first few months of 2025, several state legislatures have introduced bills to establish vapor product directories, signaling a growing interest in regulating the sale of these products. The states considering such legislation include Florida, Indiana, Missouri, Kentucky, Louisiana, Mississippi, and Virginia, with similar bills also introduced in Arizona, Hawaii, Iowa, Nebraska, New York, South Carolina, South Dakota, Vermont, Washington, West Virginia and Utah. Additionally, Oklahoma is looking to update its existing directory framework to align with these recent proposals.

The primary goal of these directories is to reduce the proliferation of illicit vapor products by allowing states to prohibit the sale of products that have not been authorized by the U.S. Food & Drug Administration (FDA) or are not subject to a pending premarket application.

Key Elements of the Proposed Bills

The proposed bills typically share the following common elements:

A state agency, such as the Department of Revenue, Tax Commission, Attorney General’s Office, or Alcoholic Beverage Authority, would maintain a publicly accessible list of approved vapor products by brand and manufacturer.
Any vapor product not listed in the directory would be banned from sale—whether by manufacturers, wholesalers, or retailers—allowing state authorities to take enforcement actions against violators.
Manufacturers seeking inclusion in the directory must certify that their products:
- Have received an FDA marketing granted order; or
- Were available in the U.S. market before August 8, 2016, and have a pending PMTA filed by September 9, 2020.
Some bills, including those in Hawaii, Indiana, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Vermont, Virginia, Washington, and West Virginia, propose initial and recurring annual fees for each listed product. Others, like the Iowa bill, impose only an initial fee, while Arizona and New York leave fee structures to be determined by regulators. Florida’s bill uniquely excludes any fee requirements.

A Shift Towards Stricter Regulation

The consideration of these directory proposals indicates a growing interest among state governments in keeping illicit vapor products off the market. In a related development, a recent bill in New Hampshire, instead of establishing a directory, would specifically prohibit retailers from selling alternative nicotine products, e-cigarettes, or e-liquids that are not FDA-authorized or subject to pending review.

The focus on illicit vapor products is likely to remain a priority for both state and federal regulators throughout 2025. The FDA’s Center for Tobacco Products’ strategic plan for 2024 reaffirmed its commitment to “aggressive enforcement of the law and pursuing enforcement actions against manufacturers, distributors, importers, and retailers for violating the law.” The bills highlighted in this article may represent states’ interest in undertaking similar efforts.

If adopted, these proposals would bolster states’ roles in regulating unauthorized vapor products. As more states consider implementing vapor product directories or other measures to combat the sale of illicit products, it is clear that the regulatory landscape for the vaping industry is set to become more stringent in the coming years. Manufacturers, wholesalers, and retailers in this sector will need to stay informed about these developments and ensure compliance with both state and federal regulations to avoid potential enforcement actions.

Author
Recent Posts

Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.