Selling vapes and e-cigarettes prohibited in Pennsylvania will warrant prosecution after Oct. 19, when the Attorney General’s office can start enforcing the law against the products not approved by the U.S. Food and Drug Administration.
Attorney General Dave Sunday advised merchants selling the electronic nicotine delivery systems, or ENDS, to review the state’s list of approved products.
Why is this happening?
Act 57, a bipartisan state law signed in 2025, prohibits sales in Pennsylvania of electronic nicotine devices in Pennsylvania that are not on Pennsylvania’s ENDS directory.
“This law is about keeping harmful products out of the hands of both children and adults who may not realize what they are consuming,” Sunday wrote in a statement distributed by his office.
The products are usually marketed to attract children with candy-like features, packaging and even video games available on the devices, Sunday explained in a video.
What vapes and e-cigarettes are permitted?
The AG’s office publicized the directory of products that may be sold in the commonwealth.
There were 159 products on the AG’s directory as of Oct. 8. Another 22 manufacturer certifications are under review.
The AG’s office will update the directory at least once a month.
What happens with noncompliance?
Products not on the list shall be the subject of seizure by the state after Oct. 19.
Retailers, wholesalers and importers who sell or offer for sale an e-cigarette with nicotine that is not on the directory shall face a $500 civil penalty for each product until it is removed from the market or gets approved and listed.
A second violation within a 12-month period would warrant between $750 and $1,000 payment per product for each day it is available without approvals. A business’ license would also be suspended for at least two weeks.
A third violation within 12 months ups the penalty to as much as $1,500 and the license would be revoked.
More information, including FAQs about the new law and its ramifications on businesses and consumers, is available at the Pennsylvania Attorney General website.
