Non-PMTA E-cigarettes Will Be Banned From Sale As Soon As January 1 Next Year! 5 States Have Passed The Bill
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Non-PMTA e-cigarettes will be banned from sale as soon as January 1 next year! 5 states have passed the bill
The "PMTA Registration Act" has now made new progress (states have taken over the power of e-cigarette enforcement and directly banned the sale of e-cigarettes outside the white list through state laws, and some state white lists are based on PMTA applications).
Let's talk about Nebraska first and then look at the overall picture. The latest news from local media in the United States is that the Nebraska House and Senate passed the relevant bill (LB 1204) on March 28. The bill involves the following key points:
1. It is prohibited to sell e-cigarettes through the Internet/telephone sales + express delivery, and they must be delivered face-to-face within the state;
2. Establish a white list of compliant e-cigarettes in the state and not rely on the federal white list given by the FDA;
3. Product appearance, packaging, advertising, and trademarks that conceal the nature of e-cigarette products (such as cartoon characters) are prohibited;
4. Each e-cigarette sold in Nebraska is required to pay a certification fee of US$75 per model.
Judging from relevant media reports, Nebraska legislators are very determined about the bill. Regarding the passage of this bill, they said that "Nebraska will become one of the first states to regulate the e-cigarette market."
It is worth mentioning that after sorting through the different versions of the relevant bills, it is not difficult to find that the latest version of the bill has a major modification, which is that it is no longer based on the list of PMTA given by the FDA as a compliant product within the state. whitelist. Instead, it is up to the state of Nebraska to determine its own list of compliant products. In response to this move, legislators explained:
"The federal government is doing poorly on oversight and safety"
It is worth noting that LB 1204 passed overwhelmingly in Nebraska with a vote of 45 in favor and 0 against. This means that even if it reaches the governor's signature stage, the governor's veto is not of great significance, and this is happening in more and more states.
Let's briefly summarize the essence of the PMTA registration bill here:
1. States have seized the power to enforce e-cigarettes and have the right to deal with illegal sales in accordance with the law;
2. E-cigarette sales implement a white list system, and all products outside the white list will apply;
3. The white list refers to PMTA application status, and some states make their own;
4. Big tobacco companies are involved in the promotion because they hold products that have passed PMTA;
Although there are already many consumer organizations in the United States and many users have been organized to protest, the current effect is not obvious. More and more states have reached the step mentioned above, and more and more governors have even signed it.
Currently, 5 states have decided to pass PMTA registration bills or similar bills:
Alabama: Passed
Louisiana: Passed
Oklahoma: Passed
Wisconsin: Passed, effective July 1, 2025
Utah: Passed, effective January 1, 2025
As more and more states move to the PMTA registration bill, the U.S. e-cigarette regulatory approach is becoming more and more complex. For example, Utah has passed a bill:
Ban the sale of flavored e-cigarettes other than tobacco and menthol flavors;
It is prohibited to sell products that have not yet obtained PMTA and are still under FDA review;
Ban the sale of all unauthorized synthetic nicotine products;
Manufacturers have until August 1 to submit to the state the names of the products they intend to sell and prove they meet state requirements. There is a registration fee of $1,000 per product.
Launch a list of compliant products (PMTA registry) before October
From January 1, 2025, the sale of all e-cigarettes that are not whitelisted will be prohibited.
It can be seen that in addition to the PMTA, Utah has also explicitly proposed a ban on flavors other than tobacco and menthol, which can be said to be a de facto flavor ban. Everyone involved in the e-cigarette industry knows exactly what this ban means.
And then combined with the Nebraska bill proposed to ban online sales. We can observe the biggest feature of e-cigarette regulation in the United States-fragmentation, and the degree of fragmentation continues to deepen. From products to channels, various "adaptive measures to local conditions" have emerged.
And this is obviously not a good thing for practitioners. This means that compliance costs will increase exponentially, and it may even mean having to increase investment in personnel in the United States to gain a foothold in the complex local environment.
Again, the time left for manufacturers who have not yet applied for PMTA is getting shorter and shorter.
