The Pennsylvania House passed a bill Monday that would create a public list of approved e-cigarette products to help the state crack down on illegal vaping products.
Pennsylvania already has a publicly available list of cigarette companies that are authorized to sell in the state. Democratic State Rep. Jeanne McNeill, the bill’s primary sponsor who represents part of Lehigh County, argued that the state should do the same for vaping manufacturers as a way to better regulate the industry.
Under the legislation, the list would be administered by the Pennsylvania Attorney General’s Office and manufacturers would have to confirm their certifications status annually.
“We all recognize that this market has exploded over the past decade,” McNeill said on the Pennsylvania House floor Monday. “What was once a niche alternative to traditional smoking has become a multibillion-dollar industry — unfortunately, one that in many cases operates with little accountability and limited oversight.”
The Democratic-led House passed the bill with wide bipartisan support, 180-23. McNeill was joined by 17 Democratic and 11 Republican cosponsors. All 23 votes against the bill were from Republican lawmakers.
The bill has not yet been considered by the GOP-controlled Senate.
Vaping manufacturers need authorization from the federal Food and Drug Administration to legally sell their product, but it’s hard for the state to enforce against sales of illegal products because the information isn’t publicly disclosed, according to McNeill.
This puts retailers who are careful about which products they sell at a disadvantage while some sellers willing to put illicit products on their shelves get away with it, McNeill argued in a memo about the bill. It also makes it hard for retailers to know which items are allowed, she said.
She argued that the most important consideration of the bill is that unregulated vapes are too easily accessible for underage users and said most are made in China.
“This bill is not about prohibition; it is about transparency, safety, and responsible reputation,” she said on the House floor.
“Retailers want clarity, parents want assurance, and we as lawmakers have a duty to provide both,” she added.
The national landscape surrounding vaping is up in the air. The U.S. Supreme Court sided with e-cigarette companies last week in a ruling that makes it easier for them to sue over FDA decisions to block their products from the multibillion-dollar market.
But in April, the high court sided with the FDA and upheld a sweeping block on most sweet-flavored vapes that was put into place after a spike in youth vaping.
President Donald Trump vowed to “save vaping” after meeting with a vaping lobbyist during his 2024 presidential campaign.
This article includes reporting from the Associated Press.
