By Timothy S. Donahue

Top Takeaways:

• Directory Launch: Iowa plans to publish its approved vapor products directory Nov. 16.
• Sales Restrictions: Unlisted products become illegal to sell as soon as the directory takes effect.
• Penalties Pending: Enforcement begins Dec. 17, with fines potentially reaching $300 per product per day.

Iowa vape retailers have until Nov. 16 to get their shelves in order. Fines will come later.

The Iowa Department of Revenue announced that its long-delayed Vapor Products Directory will be published on Nov. 16, restricting sales to products on the state’s approved list. Enforcement penalties are scheduled to begin on Dec. 17, giving businesses 21 business days to adjust.

The department emphasized that the grace period applies to enforcement, not to the sales restrictions. Once the directory is published, businesses cannot legally sell or offer unlisted products.

“For the first twenty-one business days after the initial publication, the Department will focus on education to help businesses understand and comply with the directory,” the agency said in its updated guidance.

The department added that “selling or offering for sale any vapor product not included in the directory remains prohibited during this time.”

The announcement follows an October postponement, which gave the state additional time to review manufacturer certifications and determine which products qualify.

Iowa’s directory law, enacted through House File 2677 in 2024, requires manufacturers to certify that their products have received marketing authorization from the U.S. Food and Drug Administration or that they meet specific requirements for older, pending premarket tobacco product applications (PMTAs).

Under the pending-application provision, products must have been marketed in the United States by August 8, 2016, and have had a PMTA submitted by Sept. 9, 2020. The application must remain under FDA review or have no final decision in effect.

Manufacturers must submit certifications via GovConnectIowa.com and pay an annual $100 fee per product. Certification alone does not authorize sales; the department must approve the application and add the product to the published directory.

The restrictions apply to e-cigarettes, vape pens, cartridges, and e-liquids, including products that do not contain nicotine. Separately sold accessories, such as batteries, coils, and empty tanks, are excluded.

The directory’s implementation was previously blocked by federal litigation. On July 30, the Eighth Circuit Court of Appeals vacated a preliminary injunction on the law, concluding that challengers were unlikely to prevail on their federal preemption arguments.

The U.S. District Court dissolved its injunction on Sept. 4, allowing Iowa to resume processing manufacturer certifications. The department initially planned an October rollout but postponed implementation to review product eligibility.

Businesses caught selling unlisted products after enforcement begins could face civil fines, permit suspension or revocation, and potential criminal penalties. The law also authorizes the state to recover investigation and prosecution costs.

The restrictions apply to manufacturers, distributors and retailers. Local governments and law enforcement agencies may conduct compliance checks, and the public can report suspected violations through GovConnectIowa.com.

The department cautioned that its implementation schedule remains an estimate and may change.