Tobacco Enforcement Section

The Tobacco Enforcement Section (TES) of the Public Protection Division promotes the health of Pennsylvania citizens by working to decrease the incidence of use of tobacco products throughout the Commonwealth, especially by youth. The Section was created after the Commonwealth signed the Tobacco Master Settlement Agreement (MSA) in November 1998. The MSA, an agreement between 46 States and 6 Territories, and the major manufacturers of cigarettes marketed in the United States, changed how these cigarette manufacturers did business across the country. The agreement significantly limited marketing and advertising of cigarettes, and ended deceptive practices that had led many Americans to use cigarettes without understanding the health consequences of their use.

In addition to the MSA’s historic changes to cigarette advertising and marketing, the MSA required cigarette manufacturers to make significant ongoing payments to states to, among other things, compensate states for the ongoing costs of state-paid medical care for those suffering from illness related to cigarette use. Every year, Pennsylvania receives hundreds of millions of dollars in MSA payments from cigarette manufacturers, which the General Assembly uses for medical care, cessation and prevention, and other important purposes.

The MSA also gave rise to laws that OAG must enforce, ensuring that companies selling cigarettes must be certified to sell their products in Pennsylvania.

The tobacco industry has changed dramatically in recent years, with the introduction of electronic cigarettes, nicotine pouches, gummies, and other tobacco and nicotine products. These products are not subject to the MSA and the rules and restrictions that apply to cigarettes do not apply equally to them. At the same time, the market has been flooded with illegal products. As a result, in December 2025, Governor Shapiro signed Act 57 into law, requiring manufacturers to certify electronic cigarettes that contain nicotine for listing on a directory of approved electronic cigarettes. The Tobacco Enforcement Section enforces the regulatory framework for Act 57.