Act 57 of 2025 Requires Vape Manufacturers to Certify with Pennsylvania AG

Thousands of Pa. vape vendors may only purchase products from certified manufacturers

HARRISBURG — Attorney General Dave Sunday announced that forms, information, and other materials are available on the Office of Attorney General website for vape and e-cigarette manufacturers and vendors to be in compliance with Act 57 of 2025.

That legislation, now effective, requires every manufacturer of electronic cigarettes that contain nicotine and are sold or offered for retail sale in the Commonwealth of Pennsylvania to be certified by the Attorney General.

Per the law, the Office of Attorney General will maintain and make publicly available a directory that lists all manufacturers of electronic cigarettes that contain nicotine, brand names, categories (such as e-liquid, e-liquid cartridge, e-liquid pod, or disposable), product names, and flavors — for which certification forms have been submitted and approved by the Attorney General. The directory will be posted on the Attorney General’s website by June 20, 2026.

The law will ensure that only e-cigarettes that contain nicotine, have FDA approval or are pending review as preexisting products (on market by 8/8/16 and PMTA submitted by 9/9/20), or meet specific requirements, are listed on the directory.

There are currently approximately 11,090 Other Tobacco Products (OTP) — which includes vapes and e-cigarettes — licensees in Pennsylvania.

“We commend legislative leaders for taking action to protect children and other Pennsylvanians from consumption of unregulated products,” Attorney General Sunday said. “The Legislature has provided my office with a variety of tools, including significant penalties, the ability to seize unlisted products, and cost recovery from illegal actors, that will help us keep these products from being marketed in Pennsylvania.”

The Office of Attorney General’s Tobacco Enforcement Section recently posted online a Certification Form, instructions, a Bond Form and other required documentation related to Pennsylvania’s new Vape Directory Law.

The required forms are available at www.attorneygeneral.gov/ends/.  FAQs have been previously posted on this page for guidance to applicants. DO NOT USE THE LINK FOR CIGARETTE CERTIFICATIONS. A vape certification on a cigarette form will be rejected.

Pennsylvania’s Vape Directory requires certification of all electronic nicotine delivery systems (ENDS), including any part or component for which FDA requires the submission of a Premarket Tobacco Product Application (PMTA).  It also requires a certification of electronic cigarettes that do not contain nicotine if they use the same brand name as an electronic cigarette that contains nicotine.

For non-nicotine containing electronic cigarettes that use the same brand name as an ENDS and which is not a part or component required by FDA to be submitted on a PMTA, you will be required to certify that the product does not contain nicotine and provide a test of the e-liquid or other substance from a certified domestic lab confirming the absence of nicotine in the product.

If you find that you cannot answer your question adequately from those materials, you may direct questions to Pa ************* @ ************* al.gov.

Finally, payment of certification fees, which are non-refundable, must be made by check or money order. Certifications will not be accepted as submitted until the check or money order has been received and processed.

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