A federal judge indicated that vape companies challenging Pennsylvania’s new e-cigarette registry law will need to distinguish their case from recent appellate rulings that largely upheld similar laws in North Carolina and Iowa. During proceedings, the judge directed the plaintiffs to address decisions by the Fourth and Eighth U.S. Circuit Courts of Appeals, both of which rejected key arguments that state registry laws tied to the FDA’s premarket authorization process are preempted by federal law.
Pennsylvania’s law, enacted in 2025, establishes a directory of manufacturers whose products may be legally sold in the state, effectively limiting sales to products meeting specified federal regulatory criteria. Retailers challenging the measure argue it improperly enforces the federal Tobacco Control Act, conflicts with the FDA’s enforcement discretion, and would force the removal of millions of dollars in inventory from store shelves. Similar “PMTA registry” laws have been adopted in more than a dozen states as lawmakers seek to curb sales of unauthorized vaping products.
The court’s comments suggest Pennsylvania’s case could hinge on whether the plaintiffs can identify meaningful legal distinctions from the North Carolina and Iowa precedents.
