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: Vape Registry Law
The Malaysian Ministry of Health (MOH) is currently in the evaluation phase for smoking product registrations, including for vape products, submitted under the Control of Smoking Products for Public Health Act 2024 (Act 852). Dr. Hairul Nizam Abd Hamid, senior principal assistant director at the MOH’s disease control division, stated that the registration window, open from October 2024 to April 2025, has closed, with approvals anticipated by October 1, 2025.
Read moreNorth Carolina’s House Bill 900, now in effect, prohibits certain vape products, targeting youth access, while vape shops face a June deadline and express concerns over business impact.
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 moreLawsuit Claims State Law Requiring FDA Authorization is Preempted by Federal Authority
The Vapor Technology Association (VTA) and several North Carolina vape businesses have filed a federal lawsuit challenging the state’s recently enacted law regulating e-cigarette sales (Session Law 2024-31). The plaintiffs argue the law improperly usurps federal authority and discriminates against certain products.
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 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 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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