Pennsylvania Attorney General Dave Sunday is reminding retailers, manufacturers, and consumers that enforcement of Act 57, a law regulating electronic nicotine delivery systems (ENDS), will begin on October 19.
The law, passed last year, prohibits the sale of ENDS products in Pennsylvania unless they appear on the state’s approved ENDS directory, which is maintained by the Office of Attorney General.
According to Sunday, the law is designed to protect public health by ensuring that only products meeting federal and state requirements are available for sale.
“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 said. “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.”
Under Act 57, manufacturers seeking approval must provide documentation demonstrating compliance with Pennsylvania law and federal regulations. Approved products must either have authorization from the U.S. Food and Drug Administration (FDA), have a timely filed premarket tobacco product application currently under FDA review, or meet other requirements outlined in the statute.
The Attorney General’s Office has created a public directory listing approved manufacturers and products, including brand names, product categories, product names, and flavors. Retailers are expected to ensure products they sell are included in the directory before the enforcement date.
State officials say enforcement efforts will be conducted through targeted inspections across Pennsylvania. Inspectors will initially focus on educating retailers about compliance requirements, while penalties for violations will increase for repeat offenders as outlined in the law.
The office also continues to review pending product submissions and work with manufacturers that have yet to provide complete documentation.
The law additionally covers certain non-nicotine electronic cigarette products that share branding with nicotine-containing ENDS products. Those manufacturers must certify that their products contain no nicotine and provide testing results from a certified domestic laboratory confirming that claim.
Consumers and businesses can access the Pennsylvania ENDS directory, application forms, guidance documents, and frequently asked questions through the Attorney General’s website. Questions regarding compliance can also be directed to PaVapeDirectory@attorneygeneral.gov.