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  • Judge Signals Uphill Battle for Vapes Challenge PA Registry Law

    Judge Signals Uphill Battle for Vapes Challenge PA Registry Law

    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.

  • Pennsylvania Vape Registry Bill Draws Opposition From Both Sides

    Pennsylvania Vape Registry Bill Draws Opposition From Both Sides

    Vaping industry representatives and anti-smoking advocates are both opposing legislation moving through Pennsylvania’s General Assembly that would establish a statewide list of sanctioned nicotine vape products, according to the Altoona Mirror. The state Senate has passed an amended version of House Bill 1425, which would require vape products to appear on a state-managed directory—based on FDA authorization—to be legally sold, and the bill now returns to the House for a concurrence vote.

    Supporters say the measure would help prosecutors crack down on illicit vape sales, but critics argue it would disproportionately benefit large tobacco companies whose products dominate the FDA registry, while forcing hundreds of independent vape shops out of business. Industry groups warn thousands of jobs could be affected, while public health advocates contend the bill could legitimize flavored products that appeal to youth. Under the proposal, manufacturers would face registration fees, and retailers selling non-listed products could be fined, with enforcement beginning after a phased implementation period.