Pennsylvania nicotine vape regulation enforcement

Pennsylvania is implementing stricter oversight for nicotine-containing electronic cigarettes under Act 57 of 2025. The law requires nicotine vape products to be included in an official Electronic Nicotine Delivery System (ENDS) directory maintained by the state Attorney General to be eligible for retail sale. Products not listed in the directory may be treated as contraband and subject to seizure, forfeiture, and destruction.

Prior to the October 19, 2026, enforcement date, retailers and wholesalers were provided a 120-day transition period to manage non-compliant stock. Some small business owners expressed concerns regarding inventory shortages and shop viability due to the preemptive removal of products.

A federal judge has upheld the law, ruling that it is not preempted by federal tobacco regulations and falls under state authority. Under the enforcement rules, retailers selling unlisted products face fines of $500 per unit, which can increase to $1,500 per unit per day for repeat violations. While the directory currently includes several established pod brands, many popular disposable brands remain unlisted because they do not meet specific criteria established by the law. Plaintiffs have maintained the right to appeal the ruling to the Third Circuit.