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Learn About HICPAElectronic Nicotine Delivery Systems (ENDS), commonly known as e-cigarettes and vaping devices, are battery-powered products that deliver nicotine or other substances through an inhaled aerosol. The ENDS Directory helps manufacturers, retailers, distributors, and consumers identify products that are authorized for sale in the Commonwealth and supports compliance with state and federal laws.
Act No. 57 of 2025, which was signed by Governor Shapiro on December 22, 2025, establishes a directory of electronic nicotine delivery system (ENDS) products that may be sold in the Commonwealth. The Department and the Attorney General are empowered to enforce Act 57, and the Attorney General is responsible for administering the ENDS directory.
An ENDS manufacturer seeking to have its product included on the ENDS directory must submit a certification to the Attorney General by April 21, 2026 and by April 21 of each year after 2026 to remain on the directory. The ENDS directory will be published by June 20, 2026. ENDS products not appearing on the directory shall be subject to seizure by the Commonwealth after October 19, 2026.
If you are an ENDS manufacturer and would like your ENDS product to appear on the directory, please see the documents and resources. Contact pa*************@*************al.gov with any questions. The FDA Center for Tobacco Products (CTP) Office of Small Business Assistance (OSBA) may provide guidance regarding the PMTA process for small businesses.
Determination on non-nicotine electronic cigarettes that bear the same brand name
Electronic cigarettes that bear the same brand name as electronic cigarettes labeled, advertised, or marketed as containing nicotine are presumptively determined to contain nicotine absent a sworn statement from the manufacturer that they do not contain nicotine. The manufacturer will be required to certify that the e-liquid or other substance that is used to create the vapor or aerosol does not contain nicotine. The sworn statement must be accompanied by a test performed by a domestic certified lab attesting to the absence of nicotine in such product.