Tag Archive for: Vape Registry Law

Pennsylvania Attorney General Dave Sunday has voiced his support for House Bill 1425, a measure that recently advanced through the PA House. The legislation, sponsored by Representative Jeanne McNeill, would establish a state directory for electronic nicotine devices, or vapes, similar to the existing system for cigarettes.

The bill would require vapor product manufacturers to certify annually that they have received marketing authorization from the U.S. Food and Drug Administration (FDA) to be legally sold in the state. AG Sunday praised the bill, highlighting the threat posed by “unregulated devices reaching the Commonwealth from overseas… flavored and packaged to entice young people,” often with no disclosures about potential dangers.

A new state law is significantly altering the vaping market in North Carolina, with thousands of products, particularly popular flavored disposable vapes, vanishing from store shelves. The legislation, which was passed in 2024 and signed by then-Governor Roy Cooper, is now taking effect, leading to a surge in sales as consumers stock up before the restrictions are fully enforced.

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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.

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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.

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North 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.

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HB8 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.

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Court 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.

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Lawsuit 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.

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Concerns 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.

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Arkansas 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.

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