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Pennsylvania Becomes 14th State to Pass a PMTA Registry Bill

Update 
Governor Shapiro signed HB 1425 into law Dec. 22.
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Pennsylvania bill HB 1425 is now on Governor Josh Shapiro’s desk, awaiting his signature or veto. The PMTA registry bill, if signed into law by the governor, will restrict access to many nicotine-containing vaping products in the state.

The bill mandates creation of a registry (here called a directory) of vape products that can be legally sold in Pennsylvania. While exact dates have not been set, it appears the directory will be published about six months after the governor signs the bill, and enforcement will begin about four months after that.

Pennsylvania is the fourth U.S. state to pass a restrictive registry bill this year, although more than 20 other states have considered similar bills. In 2025, Arkansas, Mississippi and Tennessee have passed registry laws, and all three have been signed into law by those states’ governors. Overall, 14 states have now passed PMTA registry bills.

The Pennsylvania bill, which vaping advocates say was promoted by tobacco industry lobbyists, is in most aspects a typical registry law. The main elements of the bill include:

  • Establishment by the state Attorney General of a directory of vape products that can legally be sold in Pennsylvania. The AG must publish the directory within 120 days of the law’s effective date. That appears to be 60 days after the governor's signature.
  • Manufacturers must certify under penalty of perjury that products submitted for inclusion in the directory meet state requirements, and pay a $2,000 fee for each “brand family” of products submitted, along with a separate $200 fee for each “style” submitted to the state for inclusion. (The annual application fees drop to $1,000 and $100 for each year after the first.) Each manufacturer must also obtain a $50,000 surety bond.
  • For each product included in the directory, the manufacturer must have either received FDA marketing authorization; still be under review by the FDA; or have received a marketing denial order (MDO), but the MDO has been stayed by a federal court order or by the FDA.
  • The bill includes stringent reporting requirements for importers of nicotine-containing products manufactured in foreign countries, and requires importers (usually distributors) to appoint an agent in Pennsylvania, and to assume joint liability with the manufacturer for any costs related to violations of the law.
  • After publication of the directory, retailers have a 120-day window to sell products not included in the directory.
  • The bill specifies penalties for retailers and wholesalers that violate the law. Fines begin at $500 and increase for repeat offenders. A third violation within a 12-month period is punished with a $1,000-1,500 fine per product and revocation of the seller’s license.
  • The rules only apply to nicotine-containing products, including e-liquids. The bill appears to exclude vaping devices sold without nicotine.

The law will not penalize consumers for buying or possessing products not included on the registry.

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Jim McDonald
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Smokers created vaping for themselves without help from the tobacco industry or anti-tobacco crusaders, and I believe vapers and the vaping industry have the right to continue innovating to give everyone who wants to use nicotine access to safe and attractive non-combustible options. My goal is to provide clear, honest information about vaping and the challenges nicotine consumers face from lawmakers, regulators, and brokers of disinformation. You can find me on Twitter @whycherrywhy

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