Pennsylvania Attorney General Dave Sunday has announced the immediate implementation of Act 57, requiring all e-cigarette manufacturers to be officially certified to operate within the state. This legislative crackdown aims to purge unregulated vaping products from the market, directly impacting over 11,000 licensed tobacco vendors who are now restricted to purchasing only from certified manufacturers.
To comply with the new law, the Office of Attorney General (OAG) will publish a comprehensive public directory by June 20. This registry will list all approved manufacturers, brand names, product categories (such as disposables, pods, or e-liquids), and specific flavors.
“The Legislature has provided my office with a variety of tools, including significant penalties, the ability to seize unlisted products, and cost recovery from illegal actors,” stated Attorney General Sunday, emphasizing the state's commitment to protecting youth from unregulated items.
To secure a spot on the Pennsylvania Vape Directory, products must meet strict federal alignment criteria:
- FDA Authorized: Products that have received official FDA marketing approval.
- Pending PMTA: Preexisting products on the market by August 8, 2016, that had a PMTA submitted by September 9, 2020.
- Non-Nicotine Variants: Zero-nicotine vapes sharing a brand name with an electronic nicotine delivery system (ENDS) must provide domestic lab tests confirming the complete absence of nicotine.
Manufacturers must submit a Certification Form, a Bond Form, and non-refundable fees via check or money order. All required documentation, instructions, and FAQs are currently available at the official OAG ENDS portal.
The OAG explicitly warns applicants not to use standard cigarette certification forms for vape products, as these will be automatically rejected. For specific inquiries not covered by the online materials, vendors and manufacturers can contact the state directly at [email protected].
