A new legislative trend is sweeping across the United States, fundamentally reshaping the landscape for vaping products. So-called Premarket Tobacco Product Application (PMTA) registry bills are gaining traction in numerous states, presented as a means to protect consumers from unregulated products and curb youth vaping. These laws typically restrict legal vape sales to only those products that have either received marketing authorization from the U.S. Food and Drug Administration (FDA) through its rigorous PMTA pathway or are currently undergoing that intensive review process. Virginia recently confirmed its version of such a law, albeit with a one-year enforcement delay, while similar legislation in Iowa awaits the governor’s decision. However, these bills are far from universally praised. Tobacco harm reduction advocates and smaller, independent vape businesses decry them as overly restrictive, arguing they harmfully limit options for adult smokers seeking safer alternatives to cigarettes and effectively hand market dominance to large tobacco companies whose few FDA-authorized vaping products often fit the narrow criteria.
Read moreTag Archive for: PMTA Registry Bill
The U.S. Food and Drug Administration (FDA) has released six updated or new forms required for submitting new tobacco product applications through the Premarket Tobacco Product Application (PMTA) and Substantial Equivalence (SE) pathways. Effective July 6, 2025, all applicants must use these revised forms for their submissions. The agency stated that failure to use the latest versions or complete them properly will generally result in the FDA refusing to accept the application.
Read moreHB8 Awaits Governor’s Signature, Limits Non-FDA Approved Vapes in Convenience Stores
Alabama’s House Bill 8 (HB8), aimed at regulating the retail sale of nicotine vaping products, has successfully passed both the House and Senate and now awaits Governor Kay Ivey’s signature to become law. Sponsored by Rep. Barbara Drummond (D-Mobile), the bill places regulatory oversight under the state’s ABC Board.
Read moreCourt Rules State Law Unlawfully Infringes on Federal Authority
A federal judge has blocked nearly all provisions of a new Iowa law (House File 2677) that aimed to restrict the sale of e-cigarette products based on their U.S. Food and Drug Administration (FDA) approval status. Chief U.S. District Judge Stephanie Rose ruled the law likely violates the U.S. Constitution’s Supremacy Clause by improperly attempting to enforce federal regulations.
Read moreConcerns Over Business Impact Sideline Proposed E-cigarette Restrictions
The North Dakota House of Representatives approved the Attorney General’s Office budget on April 29, but notably without a contentious provision that would have created a state registry for electronic smoking devices. Critics, including smoke shop and gas station owners, had argued the registry posed a significant threat to small businesses.
Read moreR.J. Reynolds Vapor Company, a subsidiary of British American Tobacco (BAT), has acquired twelve pending Premarket Tobacco Product Applications (PMTAs) for synthetic nicotine disposable vaping devices from Charlie’s Holdings, Inc. The deal, finalized on April 16, 2025, was disclosed in an SEC Form 8-K filing the following day.
Read moreArkansas has enacted a sweeping new law regulating vaping products, becoming the 12th U.S. state to adopt a PMTA registry model. However, Act 590 (formerly Senate Bill 252), signed into law by Governor Sarah Huckabee Sanders on April 14, 2025, includes a highly controversial provision rarely seen in Western democracies: a ban on the personal possession of vaping products deemed non-compliant by the state.
Read moreThe Oklahoma Legislature is considering a bill that would impose new requirements on manufacturers of vapor products to ensure compliance with FDA regulations and protect public health. Senate Bill 1102, authored by Sen. Bill Coleman (R-Ponca City), advanced to an oversight committee on Wednesday, signaling progress in the state’s efforts to regulate the vaping industry.
Read moreThe landscape for vaping products in the United States is more dynamic and complex than ever. As of April 9, 2025, state legislatures across the country are actively debating and enacting laws that could fundamentally reshape the market. Two dominant, yet distinct, regulatory trends have emerged, creating uncertainty and high stakes for consumers, manufacturers, and retailers alike: the rapid proliferation of state-level Premarket Tobacco Product Application (PMTA) registry laws and the continued push for comprehensive flavor bans. Understanding these trends, the forces driving them, and their potential impacts is crucial for anyone involved in the vaping space. This post dives into the current state of play, examining key legislative battles and what they signify for the future of vaping in the U.S.1
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