By Timothy S. Donahue
Top Takeaways:
- Legal Victory: A federal judge upheld Pennsylvania’s electronic cigarette directory law.
- Federal Authority: The court found the restrictions fall within an exception to federal tobacco law’s preemption provisions.
- Enforcement Begins: Retailers face inspections, product seizures and escalating fines starting Oct. 19.
Pennsylvania’s vape law won its day in court. Retailers now face a deadline.
A federal judge upheld the state’s restrictions on e-cigarette sales Thursday, rejecting a challenge by vape businesses that argued the law improperly interferes with federal regulatory authority. The court found the restrictions fall within an exception to federal tobacco law’s preemption provisions.
The ruling comes just days before Pennsylvania begins enforcing Act 57, which limits sales to products listed in the state’s electronic nicotine delivery systems directory. Products generally must have FDA marketing authorization or qualify under specific pending federal applications.
The lawsuit, brought by MMA Group 1 Inc. and other vape businesses against Attorney General Dave Sunday and other officials, challenged restrictions that the plaintiffs warned could eliminate much of their inventory. Similar registry laws have survived federal appeals court challenges in Iowa and North Carolina.
“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 in an Oct. 8 statement announcing enforcement plans.
Beginning Oct. 19, authorities can seize unlisted products offered for sale and impose escalating penalties. First violations carry fines starting at $500 per product, while repeat offenses can result in fines up to $1,500 per product per day and license revocation.
Pennsylvania officials said inspections will initially include educational guidance to help businesses comply with the law.
