The Iowa General Assembly has recently passed HF 2677, a PMTA registry bill that will result in the prohibition of the majority of vaping products being sold within the state. The bill was approved by a large majority in the House on April 3, and later passed by the Senate with a vote of 42-4 on April 19.
The bill is currently awaiting Governor Kim Reynolds' decision to either sign it into law or veto it. CASAA has issued an updated call to action, urging Gov. Reynolds to veto HF 2677.
Similar to other PMTA registry bills, the Iowa legislation was created by and primarily benefits Altria Group and R.J. Reynolds, two major tobacco companies. These companies attribute the decline in cigarette sales volume to the unauthorized sale of disposable vapes. All seven vape devices that have received FDA authorization are manufactured by businesses owned by Altria (NJOY), Reynolds (Vuse), or Japan Tobacco (Logic).
If Reynolds signs the bill into law, it will result in the following effects:
- Establish a comprehensive product directory for legal sale in Iowa by October 1, 2024. Manufacturers are required to provide a certification, under penalty of perjury, stating that their products meet the state's requirements.
- Restrict the sale of vaping products to only those that met specific criteria set by the FDA. These criteria include being on the market before Aug. 8, 2016, having a premarket tobacco application (PMTA) submitted to the FDA by Sept. 9, 2020, and either receiving FDA marketing authorization or currently being reviewed by the agency.
- Introduce a $100 yearly fee for every product listed
- Implementing a system of fines for both wholesale and retail violators
An Iowa bill is seeking to prohibit the sale of e-liquid as well as disposable vapes that contain synthetic nicotine, as well as most other vaping products that have not received FDA marketing approval. In contrast to other bills of its kind, the Iowa law does not provide exemptions for products with advertising denial orders (MDOs) that are currently being appealed in federal court.
Alabama, Louisiana, and Oklahoma have already implemented PMTA registry laws. Wisconsin's registry law was passed in December and is set to take effect on July 1, 2025. Virginia Gov. Glenn Youngkin has given his approval to a registry law, with the addition of an amendment to delay enforcement for a year. The governor's recommendation was adopted by both houses of the legislature on April 17, with the law set to take effect on July 1, 2025.
Utah Governor Spencer Cox recently signed a law establishing a PMTA registry, and Kentucky Governor Andy Beshear followed suit. Both of those laws are set to go into effect on January 1, 2025. Unfortunately, the Kentucky law is currently being challenged by vaping as well as hemp businesses in a lawsuit.
Lawmakers in approximately 20 additional states are currently reviewing bills related to PMTA registries.
