| Section | Link to Section |
|---|---|
| PMTA Registry Legislation | which States Are Proposing PMTA Registry Legislation |
| Big Tobacco prefer | Why does Big Tobacco prefer PMTA registrations? |
A new type of restricted vape product regulation is gaining popularity in state legislatures. This year, more than a dozen "PMTA registry" (or directory) measures have been introduced. Tobacco businesses pitch the measures to state politicians in order to insulate themselves from competition.
The new proposals are based on legislation approved in Oklahoma, Louisiana, and Alabama in the previous two years. A state creates a registry (or directory) of things that can be lawfully marketed in that state, which is managed by a state agency. Manufacturers, distributors, and dealers of items who wish to add them to the register must certify under pain of perjury that the products are either allowed for sale by an FDA marketing granting order (MGO) or are currently being reviewed by the agency. Each registered product often incurs a one-time or ongoing cost, and it is posted on a public website.
Because so few popular vape shop goods fulfill all of the standards of a PMTA registry statute, the regulations provide a significant advantage to tobacco businesses (and one big independent vape producer) who do have qualifying products. They also make it easier for law enforcement to target vape stores, which typically do not offer tobacco industry vape goods.
The measures make it simple for politicians to inform constituents—who may be alarmed by recurring vape news articles about a juvenile vaping "epidemic"—that they have taken steps to halt the vaping tide and safeguard children. In actuality, the regulations will create a true black market in which unregulated, untaxed items are offered to anybody with money on social media and sketchy websites.
which States Are Proposing PMTA Registry Legislation
Here's a list of states that have introduced PMTA registry bills. Some are completely new, while others have already gone to hearings and constitute an urgent threat to vaping users and companies in their state.
We have included links to the laws themselves (if there are different house and senate bills, there is generally just one link), as well as a second link if the Consumer Advocates for Smoke-free Alternatives Association (CASAA) has issued a call to action for state citizens.
CASAA often sends a call to action when a measure is gathering momentum among legislators, committee hearings have been set, or hearings are imminent. In other words, if CASAA has issued a call to action, the measure poses a severe and immediate threat, and reactions from vaping and nicotine users are urgently needed to persuade legislators to oppose the registry bill.
Remember that just because a measure hasn't received a call to action doesn't imply it won't be moved soon. Even if your state is not currently under a danger, one might emerge at any moment. If you join CASAA (which is free), you will receive notifications regarding calls to action in your state when they occur. (Disclosure: I am an unpaid CASAA board member.)
This page, below the map, displays all active CASAA calls to action.
Alabama Bill HB 65 provides money for enforcing the existing PMTA register system.
You can see all active CASAA calls to action on this page, below the map.
Alabama
Bill HB 65 – makes funding available for enforcement of Alabama’s existing PMTA registry system
CASAA Call to Action
Arizona
Bill SB 1212
CASAA Call to Action
Florida
Bills H 1007 / S 1006
CASAA Call to Action
Georgia
Bill HB 1260
CASAA Call to Action
Hawaii
Bills SB 3385 / HB 2794
Idaho
Bill S 1366
CASAA Call to Action
Illinois
Bill HB 5069
CASAA Call to Action
Indiana
Bill SB 227
CASAA Call to Action
Iowa
Bill SF 2402 (formerly SB 3101/HSB 682)
CASAA Call to Action
Kansas
Bill HB 2801
CASAA Call to Action
Maryland
Bills HB 1033 / SB 987
Bill HB 1197
CASAA Call to Action
Mississippi
Bills SB 2441 / HB 790
Bill HB 1660
CASAA Call to Action
Missouri
Bill HB 2211
CASAA Call to Action
Nebraska
Bill LB 1296 – also bans online sales
CASAA Call to Action
New Hampshire
Bill HB 1591
CASAA Call to Action
New York
Bill A 3404
Oklahoma
Bill HB 3971 – amends existing PMTA registry law to strengthen penalties
CASAA Call to Action
South Carolina
Bill S 994
CASAA Call to Action
South Dakota
Bill SB 116
**Feb. 14 – bill withdrawn at sponsor’s request
CASAA Call to Action
Utah
Bill SB 61
CASAA Call to Action
**Feb. 28 – bill passed both houses and sent to conference committee
Vermont
Bill HB 729 – Vermont is currently holding hearings for bill S 18, which would ban the sale of all flavored vapes, nicotine pouches and smokeless tobacco. There is an active CASAA call to action for this flavor ban bill.
Virginia
Bills HB 1069 / SB 550
CASAA Call to Action
Washington State
Bill SB 6118
CASAA Call to Action
West Virginia
Bills SB 545 / HB 5038
Wyoming
Bill SF 107
CASAA Call to Action
Other bills
CASAA has issued calls to action for several other bills in various states that are not PMTA registry bills. If you live in these states, please take action:
- Colorado – SB 22: reverses state preemption – CASAA Call to Action
- Hawaii – HB 1778: flavor ban and preemption repeal – CASAA Call to Action
- Maryland – HB 1414: increases vape tax from 12% to 30% retail – CASAA Call to Action
- Michigan – Multiple bills: flavor ban, 57% tax – CASAA Call to Action
- Minnesota – HF 2177 / SF 2123: flavor ban – CASAA Call to Action
- Nebraska – LB 1299: 20% wholesale tax – CASAA Call to Action
- New Mexico – SB 72: 44% wholesale tax – CASAA Call to Action – Legislative session adjourned; bill did not pass
- New Mexico – SB 80: flavor ban – CASAA Call to Action – Legislative session adjourned; bill did not pass
- Rhode Island – H 7225: 80% wholesale tax – CASAA Call to Action
- Vermont – S 18: flavor ban – CASAA Call to Action
Why Does Big Tobacco prefer PMTA Registrations
So far, the FDA has approved just seven e-liquid-based vaping devices (six of which are still being sold), as well as a few tobacco-flavored refill cartridges or pods. All are manufactured by the subsidiaries of three big tobacco firms.
The FDA is still investigating premarket tobacco applications (PMTAs) for a wide range of devices, including Juul Labs' JUUL device and R.J. Reynolds' Vuse Alto, the most popular convenience store vape. PMTAs for nicotine pouches, including brands offered by Reynolds, Altria Group, and Philip Morris International, are currently being reviewed.
The items listed above would all be protected from enforcement in places with PMTA registration legislation. However, practically all other popular items, such as disposable vapes and bottled e-liquid, would be unlawful to sell. PMTA registry regulations make vape businesses easy targets for law enforcement, which is an aim of tobacco firms looking to shield their inferior vape goods from competition.
Aside from product eligibility, many small vape makers and retailers lack the financial and human resources to register hundreds or thousands of goods in different states. However, for tobacco corporations with tiny product options, office buildings full of staff, and billions of money in the bank, maintaining PMTA registration entries is a minor operational matter.
That's why CASAA calls vape registration legislation "big tobacco protection acts."
R.J. Reynolds, the maker of Vuse, has been known to actively promote the establishment and implementation of PMTA register laws. It's unclear whether other major tobacco firms (or Juul) are actively advocating for the complete batch of current PMTA register laws, but according to vape industry advocate Nick Orlando, Altria and Juul Labs have both voiced support for the Florida registry measure.
Reynolds, which is now controlled by British American Tobacco, has a long history of using corporate influence to undermine independent vape makers and retailers. Before the FDA approved its Deeming Rule, extending it regulatory control over vaping goods, Reynolds requested the agency to ban open-system (refillable) vapes and designate vape shops are tobacco makers.
In the recent year, Reynolds and BAT have made several steps to advocate limitations and bans on disposable vapes, which are now Reynolds' primary convenience store vape rivals.
