Pennsylvania vape directory law upheld by federal court

A federal judge has upheld Pennsylvania’s Act 57, a law requiring nicotine vapes to be listed in a state-maintained directory to be legally sold. On October 14, 2026, Judge Julia K. Munley of the U.S. District Court for the Middle District of Pennsylvania ruled that the law is not preempted by federal tobacco regulations, finding it falls under the state’s authority to regulate tobacco sales.

The law, which was signed by Governor Josh Shapiro in late 2025, takes effect on October 19, 2026. Starting on that date, retailers found selling unlisted products face fines of $500 per unit, which can increase to $1,500 per unit per day for repeat violations. Additionally, the state may seize any nicotine vapes held for sale that are missing from the Attorney General’s directory.

The directory currently includes only six manufacturers, primarily established pod brands like Juul, Vuse, and NJOY. Many popular disposable brands, such as Geek Bar, Raz, and Lost Mary, are not listed because they do not meet specific FDA premarket application criteria established by the law. While the ruling allows the state to proceed, the plaintiffs, including MMA Group 1 Inc., maintain the right to appeal to the Third Circuit.