HARRISBURG, PA — Pennsylvania retailers face new restrictions on electronic cigarette sales beginning October 19, when the Attorney General’s Office can begin enforcing a state law that prohibits the sale of nicotine vaping products not listed in a government-maintained directory.
Attorney General Dave Sunday outlined the enforcement plans Thursday, establishing a compliance deadline for businesses selling electronic nicotine delivery systems, or ENDS, under Act 57, which was enacted in 2025.
The law limits legal sales to products that meet specified federal regulatory criteria and have been approved for inclusion in Pennsylvania’s ENDS directory. Products absent from the directory cannot legally be sold in the commonwealth once enforcement begins.
The Attorney General’s Office plans targeted inspections across Pennsylvania, initially incorporating compliance education for businesses. Repeat violations will be subject to escalating penalties under the law.
“This law is about keeping harmful products out of the hands of both children and adults who may not realize what they are consuming,” Sunday explained.
Manufacturers seeking inclusion in the directory must submit documentation establishing that their products satisfy Pennsylvania’s requirements.
Eligible products include those authorized for sale by the U.S. Food and Drug Administration and certain products with qualifying premarket tobacco product applications still under federal review.
The law also permits products subject to FDA denial orders when those orders have been stayed by the agency or a court.
For products relying on pending federal applications, eligibility generally requires that they were marketed by August 8, 2016, and that their applications were submitted by September 9, 2020.
The state directory identifies approved manufacturers, brand names, product categories, individual products and flavors. Categories include disposable electronic cigarettes, e-liquids, cartridges and pods.
Inclusion in Pennsylvania’s directory does not necessarily mean a product has received final FDA marketing authorization. Some products qualify because their federal applications remain under review or because an applicable denial order has been stayed.
The Attorney General’s Office continues reviewing pending submissions and working with manufacturers that have provided incomplete documentation.
Act 57 also establishes certification requirements for certain electronic cigarettes that do not contain nicotine but share a brand name with nicotine delivery products.
Manufacturers of qualifying non-nicotine products must certify that the products contain no nicotine and provide testing results from a certified domestic laboratory confirming that finding.
The additional documentation requirement applies to qualifying products that are not parts or components requiring submission through the FDA’s premarket tobacco product application process.
The enforcement framework places responsibility on manufacturers to establish product eligibility while requiring retailers to ensure that nicotine vaping products offered for sale appear in the state directory.
Sunday characterized the measure as a consumer protection initiative intended to limit access to products that have not satisfied the law’s regulatory standards.
“Since Act 57 was signed into law, my office has been working diligently to build resources for companies and consumers so they can be in compliance when the enforcement date arrives,” he noted.
The Attorney General’s Office maintains the current ENDS directory, certification materials, compliance forms and frequently asked questions at http://www.attorneygeneral.gov/ends/.
Businesses can consult the directory to determine whether specific products qualify for sale in Pennsylvania ahead of the October 19 enforcement date.
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