Pennsylvania now requires every manufacturer of nicotine-containing e-cigarettes sold in the state to be certified by the Office of Attorney General, under Act 57 of 2025. The law takes full effect June 20, 2026, when a public directory of approved manufacturers and products will be published. Attorney General Dave Sunday announced the certification forms and requirements are available on the office’s website, affecting approximately 11,090 tobacco products licensees across the state.
Pennsylvania joins a growing list of states implementing manufacturer-level oversight of vaping products. Compare this approach with vape tax policies in other states and the federal FDA authorization framework to see how the regulatory patchwork is evolving.
What Act 57 Requires
Act 57 of 2025 (enacted as part of Pennsylvania’s Fiscal Code) mandates that every manufacturer of electronic cigarettes containing nicotine must submit a certification to the Attorney General before their products can be sold in the Commonwealth. The Office of Attorney General’s Tobacco Enforcement Section will maintain a publicly searchable directory listing all certified manufacturers, brand names, product categories (e-liquid, cartridge, pod, or disposable), product names, and flavors.
The directory is scheduled to be posted by June 20, 2026. Products not listed on the directory after that date cannot be legally sold in Pennsylvania.
The law applies to all electronic nicotine delivery systems (ENDS) that contain nicotine and are sold or offered for retail sale in Pennsylvania. It also covers non-nicotine electronic cigarettes that share a brand name with a nicotine-containing product. The law explicitly does not apply to cannabis or hemp-derived vapor products, which remain under separate state regulation.
Who Qualifies for Certification
Products eligible for directory listing fall into three categories:
- FDA-authorized products — Those that have received a marketing granted order through the PMTA process
- Preexisting products with pending PMTA — Products that were on the U.S. market by August 8, 2016, and had a PMTA submitted by September 9, 2020, and that application is still pending
- Products meeting specific regulatory requirements — As determined by the Attorney General’s office
Manufacturers must submit a certification form, a bond form, and pay the required fees. Certification fees are non-refundable and must be paid by check or money order. The forms are available at attorneygeneral.gov/ends/.
This certification system creates a three-tier market in Pennsylvania: fully authorized products, products in the regulatory pipeline, and everything else. Products in the third category — unauthorized products without a pending PMTA — will be effectively banned from sale in the state once the directory goes live.
Enforcement and Penalties
Attorney General Sunday emphasized that the office has been equipped with enforcement tools including significant financial penalties, the ability to seize unlisted products, and cost recovery from violators. The Tobacco Enforcement Section will be the primary enforcement body. The law does not specify a penalty schedule in the press release, but the language suggests the AG’s office has discretion to impose penalties proportional to the violation.
The enforcement model mirrors other states’ flavored tobacco product directories, but with a manufacturer-level focus rather than retailer-level. This is a significant distinction — instead of chasing individual retailers, Pennsylvania is attempting to stop non-compliant products at the source.
What This Means for Vapers in Pennsylvania
If you live in Pennsylvania or buy vape products from Pennsylvania retailers, here is what changes:
- Before June 20, 2026: Business as usual. The directory has not been published yet, so enforcement has not begun.
- After June 20, 2026: Retailers can only legally sell products from certified manufacturers listed on the directory. If your favorite brand is not on the list, it will disappear from store shelves.
- Products affected: All nicotine-containing e-cigarette products — disposable vapes, pods, cartridges, e-liquids. Products that were never submitted for FDA review or whose PMTA was denied are most at risk.
- Online purchases: The law addresses products sold or offered for retail sale in Pennsylvania, which likely includes online sales shipped to Pennsylvania addresses.
The 11,090 affected licensees include convenience stores, vape shops, and online retailers. Each will need to verify their inventory against the directory once it is published. This is a significant compliance burden for smaller retailers who carry products from multiple manufacturers.
The Broader Trend: States Filling the FDA Gap
Pennsylvania’s Act 57 is part of a broader pattern: as the FDA’s PMTA process remains slow and politically contentious, states are creating their own regulatory systems. New York recently enacted a 75% tax on nicotine pouches, other states have imposed flavor bans, and Pennsylvania has chosen a certification directory model.
The question is whether a state-level certification system can effectively manage a national (and largely international) supply chain. A manufacturer that does not certify with Pennsylvania’s AG can simply stop shipping to Pennsylvania — and the state’s only recourse is enforcement against retailers, which is resource-intensive. For the directory to work, the state must invest in ongoing compliance monitoring, which requires staffing and funding beyond the initial certification push.
