By Timothy S. Donahue
Top Takeaways:
- Enforcement Begins: Pennsylvania can now seize vape products missing from its directory.
- Limited Listings: Just 163 product records from seven manufacturers appeared as of Oct. 18.
- Major Absences: Geek Bar, RAZ, Lost Mary and Elf Bar were not listed.
Pennsylvania’s vape crackdown begins, leaving major brands out in the cold.
The state can begin enforcing its electronic nicotine delivery system (ENDS) directory law on Oct. 19, prohibiting retailers from selling or retaining for sale products not included in its approved directory. As of Oct. 18, the directory contained only 163 product records from seven manufacturers, according to a review of the state’s listings.
British American Tobacco’s Vuse accounted for 52 records, followed by JUUL and Naked 100 with 40 each, Altria’s NJOY with 16, e Cig 4 Inmate with seven, and CrossBar and Japan Tobacco’s Logic with four each. Vuse, JUUL, NJOY, and Logic collectively accounted for 112 records, nearly 69% of the directory.
The listings included 68 pod products, 40 bottled e-liquids, 24 kits, 16 devices, and 15 disposable vapes. Notably, Naked 100’s entries included fruit-flavored e-liquids and 10 zero-nicotine products. No open-system refillable devices appeared in the directory, even though Boulder International had submitted several for certification.
Major disposable brands, including Geek Bar, RAZ, Lost Mary, and Elf Bar, were absent from the Oct. 18 directory. Imperial Brands’ blu products were also missing. Imperial previously announced plans to phase out its legacy myblu business in the United States.
Pennsylvania Attorney General Dave Sunday said enforcement would focus on removing products that fail to meet the state’s certification requirements. “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.
The law permits listings for products authorized by the FDA and for certain products with qualifying premarket tobacco applications still under review. The Attorney General’s Office said 22 manufacturer certifications were pending, but those applications would not delay enforcement.
Retailers face penalties starting at $500 per noncompliant product. Repeat violations can result in daily fines of up to $1,500 per product, license suspension or revocation, and seizure or destruction of inventory.
Independent retailers have warned that the restrictions could leave them with substantial quantities of unsellable merchandise. The Attorney General’s Office said it plans to conduct targeted inspections and will provide compliance guidance during enforcement.
The restrictions follow a federal court ruling last week that rejected a challenge to the state’s directory law, clearing another obstacle ahead of the enforcement deadline.
