Please join me in cosponsoring legislation intended to combat the growth of Chinese-manufactured illicit nicotine vapor products in the Commonwealth and to provide clear guidance for retailers that sell these products. This legislation would create a directory comprised of legal Electronic Nicotine Delivery Systems (ENDS). The ENDS Directory is modeled after Pennsylvania’s widely effective Tobacco Product Directory, which lists all cigarette brands that comply with FDA regulations that can be sold within the Commonwealth. Like the Tobacco Product Directory, the ENDS Directory will be administered and enforced by the Pennsylvania Attorney General.
 
The United States Congress has taken actions to restrict the online sales of vapor products, restrict the availability of flavored vapor products that many believed to be targeted to minors, and require vapor manufacturers to file Premarket Tobacco Applications (PMTA) before a product can be legally marketed in the United States. While the FDA may require manufacturers to file PMTA's, the FDA does not publicly disclose which products have applications approved, pending, or denied. As a result, states have no way to enforce the law and keep these illicit vapor products off convenience store shelves. As a result, retailers who in good faith have refused to sell these illicit vapor products are losing significant market share and revenues to those willing to assume the risks (and profits) of illicit vapor sales due to a lack of enforcement and consequences. Notably, the vast majority of these illicit products are manufactured in China, and marketed under names, in packaging, and in flavors intended to attract youth.
 
The legislation will require vapor manufacturers to certify annually that the manufacturer has received marketing authorization from the FDA or that its PMTA remains under review. A publicly accessible website, including the names of manufacturers and their products, will be created by the legislation. Enforcement of the law will handled by the Department of Revenue, the Office of Attorney General, and state and local law enforcement.
 
Pennsylvania has been a leader in combatting youth access to vapor products by enacting legislation in 2019 to raise the minimum age to purchase vapor and tobacco products from 18 to 21 years of age. The United States Congress later increased the national minimum age to purchase vapor and tobacco products from 18 to 21 years of age. I ask that you join us as a cosponsor of this legislation and help us continue Pennsylvania's progress against the illegal sale of vapor products.
 

Statutes/Laws affected:
Printer's No. 1660 (May 07, 2025): P.L.6, No.2
Printer's No. 1950 (Jun 17, 2025): P.L.6, No.2