Oklahoma PMTA Registry Law Restricts Vape Sales

Oklahoma is set to publish its first-ever directory of legally saleable vaping products on October 1st, a move that will give state authorities the power to enforce a new partial vape ban. This “PMTA registry” law prohibits the sale of any vaping product that has not received a marketing granted order (MGO) from the U.S. Food and Drug Administration (FDA) or does not have a premarket tobacco application (PMTA) still under active review by the agency. This legislation, which follows a trend seen in states like Louisiana, Alabama, and Utah, is poised to significantly constrict consumer options and target independent vape retailers.

Under the new Oklahoma law, which was passed in 2021 but had its enforcement delayed until 2023, manufacturers were required to submit an attestation to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission by July 1st. This document, submitted under penalty of perjury, certifies that their products were on the market before August 8, 2016, and had a PMTA filed with the FDA by the September 9, 2020, deadline. Selling any product not on the resulting state-published list will now be a crime.

Critics argue that these laws create a competitive advantage for major tobacco companies. Firms like R.J. Reynolds, manufacturer of Vuse e-cigarettes, have reportedly lobbied for similar bills. These large corporations have the financial resources and dedicated compliance departments to navigate the complex and costly PMTA process, while smaller, independent manufacturers often do not. The laws often permit the sale of products with *pending* PMTAs, not just those with full FDA authorization, a provision that notably allows popular products from major companies, like the Vuse Alto and JUUL devices, to remain on the market while they await a final FDA decision.

This regulatory model is not unique to Oklahoma:

Louisiana: Is implementing a similar PMTA-only law a month after Oklahoma, requiring manufacturers to certify products with the Office of Alcohol and Tobacco Control and pay a $100 annual fee per product listed. It also mandates that retailers purchase only from Louisiana-based wholesalers.
Utah: Does not have a publicly accessible list but requires shops to maintain records proving their products comply with legal requirements. It also has a unique rule where nicotine strength limits vary based on a product’s PMTA status.

Vaping advocates and independent shop owners contend that these PMTA registry laws will make vape shops selling bottled e-liquids and stores selling most disposable vapes immediate enforcement targets. They argue that this approach, heavily supported by “Big Tobacco,” will decimate small businesses and severely limit the less harmful alternatives available to adult smokers trying to quit.

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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.