Pennsylvania bill HB 1425 is finally on Governor Josh Shapiro’s desk, awaiting his approval or veto. The PMTA registry bill, if signed into law by the respected governor, will limit access to several-containing vaping products in the state.
The bill mandates creation of a registry of vape products that can be legally offered in Pennsylvania.
While exact dates are not final yet, it looks like the directory will be published about six months after the governor signs the bill, and enforcement will start about 4 months after that.
Pennsylvania is the 4th U.S. state to approve a restrictive registry bill this year, although more than 20 other states have thought about similar bills.
In 2025, Arkansas, Mississippi, and Tennessee have passed registry laws, and all 3 have been signed into law by those states’ governors. Overall, 14 states have now approved PMTA registry bills.
The Pennsylvania bill, which vaping advocates say was promoted by tobacco industry lobbyists, is in most aspects a general registry law, the main elements of the bill include:
- Established 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 4 months of the law’s effective date. That’s about to be 60 days after the governor’s approval.
- Manufacturers must certify under penalty of perjury that products submitted for inclusion in the directory align with state requirements, and pay a $2000 charge for each “brand family” of products submitted, along with a separate $200 fee for each “style” submitted to the state for inclusion. (The yearly application fees drop to $1000 and $100 for each year after the first.) every manufacturer must also avail a $50000 surety bond.
- For every product included in the directory, the manufacturer must have either got FDA marketing authorization; still be under review by the FDA; or have received an MDO (marketing denial order), but the MDO has been stayed by a federal court order by the FDA.
- The bill includes stringent reporting requisites for importers of nicotine-containing products made in foreign countries, and requires importers 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 time period to sell products not included in the directory.
- The bill specifies penalties for retailers and wholesalers that violate the law. Fines start at $500 and increase for repeat offenders. A 3rd violation within a 12-month period is punished with a $1000-1500 fine/product and revocation of the seller’s license.
- The rules only apply to nicotine-containing products, including e-liquids. The bill seems to exclude vaping devices sold without nicotine.
The law will not penalize consumers for buying or keeping products not included on the registry.