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Statement on the Departure of FDA Commissioner Marty Makary

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WASHINGTON – May 12, 2026 – The Vapor Technology Association appreciated the opportunity to meet with former FDA Commissioner Marty Makary last week and discuss the urgent need for real reform to the PMTA regulation and the implementation of a predictable and transparent, science-based regulatory framework for nicotine vapor products. While our engagement with the Commissioner was brief, we believed he was beginning to recognize that the current system requires substantial reform and that progress is needed to move more quickly.

VTA now looks forward to continuing its constructive engagement with Acting FDA
Commissioner Kyle Diamantas and whoever is ultimately selected to permanently lead the
agency moving forward. As it currently stands, the agency’s recent actions have not been
enough to keep President Trump’s promise to save flavored vaping. Our message remains
consistent: the United States can both ensure adult smokers have access to a wide variety of
less harmful nicotine alternatives and keep these products out of the hands of youth. Those
goals are not mutually exclusive, and responsible regulation must reflect that reality.

For years, VTA has advocated for a regulatory framework that provides clear scientific
requirements, transparent standards, and consistent enforcement against bad actors and illicit
products. American small businesses and millions of adult consumers deserve a system that is
predictable, credible, and capable of distinguishing responsible operators from those who
undermine public trust and youth protections.

We remain committed to working with FDA leadership, the Administration, and policymakers to
modernize the PMTA process, strengthen responsible marketing standards, and ensure the
United States leads with a balanced regulatory approach grounded in science, harm reduction,
and common sense.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

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Response to the FDA’s “ENFORCEMENT PRIORITIES FOR CERTAIN NEW TOBACCO PRODUCTS MARKETED WITHOUT PREMARKET AUTHORIZATION.”

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WASHINGTON – May 11, 2026 – Today, the FDA announced new guidance for industry regarding enforcement priorities for certain products marketed without premarket authorization. This will allow companies that have submitted all the necessary scientific information for a PMTA to remain on the market and ensure FDA enforcement remains focused on products trying to circumvent the application process.

This decision is a critical first step towards establishing real reform that will finally fix a broken PMTA system through the creation of predictable and transparent, science-based regulations that will drive innovation and ensure safety. 

VTA has engaged constructively with FDA staff over the past few months, and the conversations have been productive. We are pleased to see the FDA focused on targeting specific products clearly marketed toward youth and committed to publishing lists of products working through the PMTA process, both things VTA has long advocated for.  We hope that today’s announcement marks the first step towards radical reform that prioritizes science and are eager to continue working alongside the FDA’s team to ensure real progress is made. What’s needed is a clear scientific guideline that would provide certainty for responsible companies, make it obvious which products qualify for authorization and which do not, and give regulators a much stronger foundation to enforce against bad actors operating outside the rules.

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

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VTA Insider April 2026: VTA Is Stepping Up – Here’s What’s Happening

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Welcome back to VTA Insider – your trusted source for the latest developments shaping the vapor and nicotine industries.

From in-the-room insights in Washington, D.C. to real-time updates from the front lines in state legislatures, VTA Insider keeps you informed on the policies, threats, and victories that directly impact your business and consumers.

A Message From VTA’s Executive Director

VTA is leading the fight to defend the flavored nicotine vaping industry at the state and federal levels. 

Every day, we work to educate lawmakers with real data, challenge misguided policies, and defend the role of flavored vaping products in harm reduction.

Join us today and be a part of the effort to protect this industry.

VTA Discusses Flavor Guidance with the White House 

What We’re Doing: VTA’s leadership met with senior White House officials to propose a path forward following the release of the FDA’s proposed flavor guidance.

Why It’s Important: It’s clear that our insights matter to our allies at the White House. We spoke about the problems with the FDA’s proposed guidance and the impact of the vapor industry on the American economy. Engaging in these meetings ensures VTA member voices are heard and considered in the policy development process. 

What’s Next: VTA will continue to educate officials across the administration on the harm reduction benefits of vaping and share real data on our industry

State of the States

What We’re Doing: Across the country, the independent vaping industry’s only national coordinated state lobbying strategy is in full force.

Our more than 200-strong state lobbying operation is actively tracking more than 300 pieces of legislation, engaging lawmakers, proposing amendments, and fighting back against policies that threaten to dismantle independent businesses and limit adult access to harm reduction products.

We’re Winning: Georgia, Nebraska, Maryland, Kansas, and Iowa have concluded their legislative sessions for the year – WITHOUT passing any industry-killing anti-vapor legislation.

Additionally, VTA’s Illinois, Alabama, and Mississippi lobbying teams have successfully prevented multiple harmful bills from advancing in the 2026 legislative session. We will continue to monitor state legislative sessions, but at this time, we do not expect any significant action on anti-vapor bills.

Protect Your House: To learn more about what we’re doing to protect your state, become a member of VTA today!

Pennsylvania’s ENDS Directory Law Enters Key Implementation Phase

The Latest: Pennsylvania’s ENDS directory law will be in effect soon, with several critical deadlines that will directly impact manufacturers, distributors, and retailers quickly approaching.

Key Dates: 

  • April 21, 2026: Deadline for manufacturers to submit product certifications to the Attorney General.
  • June 20, 2026: The Commonwealth will publish the official ENDS directory. Once this directory has been published, only products that are included will be approved to sell. 
  • October 19, 2026: Enforcement begins; products not listed on the directory are subject to seizure.

Manufacturers must refile applications annually by April 21 to keep their certifications. 

What We’re Doing: VTA continues to actively engage with legislators and the Attorney General’s Office to address implementation considerations, clarify outstanding questions, and advocate for practical, enforceable solutions as the process moves forward.

Worth Your Time

Join VTA Today. Stand with Us in this Fight.

VTA is fighting every day to protect flavored vaping products, defend harm reduction, and ensure independent businesses have a future. 

But we can’t do it alone. Become a member AND a champion in the fight to save flavored vapes!

Stay tuned in with us for lots of new developments, and make sure your friends and colleagues are signed up here to receive our news and information.

Got questions? If you have any questions about the issues we have covered, have suggestions for content, or how you can support our efforts, please feel free to contact us at info@vaportechnology.org. 

Join the Fight

VTA State Alert – Pennsylvania PMTA Registry Law

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Overview

Pennsylvania law establishes a state-managed directory for electronic nicotine delivery
systems (ENDS) products. Only products that comply with certification requirements and
are listed on the Pennsylvania directory may be legally sold in the Commonwealth following
enforcement.

Important Dates

  • April 21, 2026: An ENDS manufacturer seeking to have its product included on the ENDS directory must submit a certification to the Attorney General.
  • June 20, 2026: The ENDS directory will be published.
  • October 19, 2026: ENDS products not appearing on the directory shall be subject to seizure by the Commonwealth.
  • Annual: Submission of a certification to the Attorney General by April 21 of each year after 2026 to remain on the directory.

What You CLEARLY CAN Sell

  • Products that have submitted required certifications and are listed on the Pennsylvania ENDS Directory may be sold.
  • The directory is maintained by the Pennsylvania Office of Attorney General and can be accessed here: https://www.attorneygeneral.gov/ends/
  • Manufacturers must certify that each product complies with federal FDA requirements, including PMTA status (submitted, under review, or authorized).

“Electronic Cigarette that Contains Nicotine” means an electronic cigarette labeled,
advertised, or marketed as containing nicotine or an electronic cigarette determined by
the department or the Attorney General to contain nicotine. The term includes an
electronic cigarette that bears the same brand name as an electronic cigarette determined
to contain nicotine by the department or the Attorney General.

“Timely filed premarket tobacco product application.” An application under 21 U.S.C. § 387j
(relating to application for review of certain tobacco products) for an electronic cigarette
that contains nicotine derived from tobacco marketed in the United States as of August 8,
2016, that was submitted to the FDA on or before September 9, 2020, and was accepted for
filing by the FDA.

What You CLEARLY CANNOT Sell

  • Any ENDS product not listed on the Pennsylvania directory.

What Products Should You Consult Legal Counsel Before Selling

  • Any Hardware or Open System Devices that Do Not Contain Nicotine. 
  • Any component parts such as coils or batteries
  • Zero MG products or products that do not contain nicotine

Responsibilities by Entity

Manufacturers

  • Submit certification forms to the Pennsylvania Attorney General
  • For electronic cigarettes containing nicotine manufactured outside of the United  States, the manufacturer must provide a complete list of importers into the United States who sell the  products in the Commonwealth and the brand families sold by the importers 
  • Pay required registration fees
  • Provide documentation demonstrating compliance with federal FDA requirements
  • If a non-resident manufacturer, you must have an agent for service of process registered in Pennsylvania
  • Must submit a surety bond as required of at least $50,000. This amount may be required to be higher by the Attorney General

Distributors / Wholesalers

  • Verify products are listed before selling or shipping into Pennsylvania 

Retailers / Sellers

  • Sell ONLY products listed on the Pennsylvania Directory 
  • Stop selling non-listed products after the compliance deadline 
    • Note: 120-day sell-through provision after the Attorney General first makes the registry available 
  • Monitor directory updates regularly

Penalties for Non-Compliance

  • Civil penalties can include: 
    • Up to $1,500 per product per day for retailers, wholesalers, or importers (standard violations)  
    • Up to $1,000 per violation per product until the offending product is removed by manufacturers.  
  • Each non-compliant product offered for sale may be treated as a separate  violation, which can significantly increase total liability 
  • The Attorney General may also pursue other enforcement actions: 
    • Injunctive relief (court orders to stop sales) 
    • Product removal from the market  
    • Seizure of non-compliant products  

Ongoing violations can result in cumulative penalties and escalated enforcement actions. 

Important Note 

Federal FDA requirements still apply. Pennsylvania’s law adds an additional state-level restriction.

THIS DOCUMENT IS NOT INTENDED NOR SHOULD BE RELIED ON AS LEGAL ADVICE. PLEASE CONSULT LEGAL COUNSEL ABOUT YOUR SPECIFIC PRODUCTS. 

VTA Insider April 2026: VTA Is Fighting Back – Here’s What You Need to Know

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Welcome back to VTA Insider – your trusted source for the latest developments shaping the vapor and nicotine industries.

From in-the-room insights in Washington, D.C. to real-time updates from the front lines in state legislatures, VTA Insider keeps you informed on the policies, threats, and victories that directly impact your business and consumers.

A Message From VTA’s Executive Director

VTA is leading the fight to defend the flavored nicotine vaping industry at the state and federal levels. 

Every day, we work on your behalf – educating lawmakers with real data, challenging misguided policies, and defending the role of flavored vaping products in harm reduction. 

This is a fight we cannot afford to lose. 

Join us today and be a part of the effort to protect his industry.

VTA Discusses Flavor Guidance with FDA

What We’re Doing: Last month, VTA met with senior officials at the FDA and across the administration to share our views on the myriad problems with the proposed flavor guidance. We also discussed a more meaningful path forward to address the continued suppression of youth vaping while ensuring that fruit and sweet-flavored vapes remain available to adults. 

Why It Matters: It’s clear that our industry and opinion matter to our allies at the FDA and that the agency is genuinely interested in solving the problem. We’re continuing our efforts to educate them on the harm reduction benefits of vaping, the rapidly declining youth rate, and the need for real reform to the broken PMTA process. 

Download and Read the Proposed Guidance

What’s Next: VTA’s legal team will file a substantive comment outlining our concerns with the new flavor guidance. We encourage everyone who has a personal or professional investment in flavored vapes to do the same.

Take Action: Submit Your Comment

What We’re Doing: Across the country, the independent vaping industry’s only national coordinated state lobbying strategy is in full force.

By the numbers: Our more than 200-strong state lobbyist operation covering 35 states is actively engaged on more than 300 pieces of legislation, working with lawmakers, proposing amendments, and fighting back against policies that threaten to ban flavored vapes, dismantle small businesses, and limit adult access to harm reduction products.

Go Deeper: Below is a brief overview of some key state updates. But, to learn more about what we’re doing in your state, become a member of VTA today! 

We’re winning: Florida, Indiana, New Mexico, Oregon, South Dakota, Utah, Washington, West Virginia, Wisconsin, and Wyoming have concluded their legislative sessions for the year – WITHOUT passing any industry-killing anti-vapor legislation.

New York: Our lobbying team is working hard to ensure that the industry-killing floor tax proposed by Governor Hochul does not remain in the budget. Thus far, we have been successful in ensuring that both the House and Senate have stripped this tax from their proposed budget, but keeping this issue out altogether will require additional coordination and discussion with the Governor’s Office and legislative leaders. VTA has worked with faith leaders to highlight the regressive nature of the proposed vapor tax, which would reduce state revenues and increase the already prevalent Black Market. The Buffalo delegation has stopped the floor tax and tax increases from being included in the single-chamber budgets. 

Arizona: VTA’s team collaborated with Arizona Innovates to advocate for HB 4001. This bill includes licensing and enforcement, age verification, and youth marketing restrictions. Most importantly, this DOES NOT include PMTA registry mandates or tax increases. It has already passed the House and is advancing through the Senate with positive momentum.

Oklahoma: Our state lobbying team is working with the respective committee chairs and sponsors on HB 3881, the Vapor Products Regulation bill. This bill adopts VTA marketing and labeling standards and creates an attestation process for manufacturers to either certify the alternative nicotine product has a marketing granted order, or has applied for a PMTA, has a submission tracking number (STN), and is still pending or in the appeals process; and require that all products be manufactured, processed, blended, or filled in the U.S. by January 1, 2028.

Media Highlight: VTA Defends Virginians’ Freedom to Vape

What We’re Doing: Enforcement of the Virginia Vape Registry began on Wednesday, April 1st, 2026. VTA continues to actively engage with the Attorney General to address concerns regarding enforcement, excessive actions being taken by local authorities, and strategies that can protect youth while preserving adult access to flavored vapes.  In addition, VTA’s Executive Director is speaking with Virginia media about the potential impacts of VA SB 620/HB 308 on small businesses across the Commonwealth. 

What We’re Saying: In an interview with CBS Richmond, we voiced our concerns that this law will eliminate 99% of the flavored vaping products available to Virginians under the existing law, and our support for the permitting measures that will prevent underage sales. We also raised questions about the relevance of HB 308, given that the Commonwealth is in the throes of banning flavored vapes and the vast majority of vaping products.

Read More Here

There are hundreds of bills across the country right now that threaten this industry – and the small businesses behind it. 

VTA is fighting every day to protect flavored vaping products, defend harm reduction, and ensure independent businesses have a future. 

But we can’t do it alone, and we need your support.

Join VTA today and stand with us in this fight. 

Stay tuned in with us for lots of new developments, and make sure your friends and colleagues are signed up here to receive our news and information.

Got questions? If you have any questions about the issues we have covered, have suggestions for content, or how you can support our efforts, please feel free to contact us at info@vaportechnology.org. 

Join the Fight

VTA Insider April 2026: VTA Scores Big State Win – Fight is Far From Over

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Welcome back to VTA Insider – your trusted source for the latest developments shaping the vapor and nicotine industries.

From in-the-room insights in Washington, D.C. to real-time updates from the front lines in state legislatures, VTA Insider keeps you informed on the policies, threats, and victories that directly impact your business and consumers.

Let’s Dive In.

A Message From VTA’s Executive Director

VTA continues to lead the fight to protect your freedom to vape at the state and federal levels. 

Every day, we are working on your behalf — providing lawmakers with real data, challenging misguided policies, and defending the role of flavored vaping products in harm reduction.

But this fight is ongoing and accelerating. 

Your support allows us to:

  • Respond immediately to new legislative threats
  • Educate policymakers with science – not misinformation
  • Mobilize advocates when it matters most

This is a fight we cannot afford to lose. 

Join us today and be a part of the effort to protect his industry.

VTA Meets with FDA to Discuss Flavor Guidance

The Latest: Shortly following the FDA’s release of new proposed guidance on flavored e-cigarettes, VTA – along with several member companies – met with agency leadership to discuss.

What We’re Saying: We voiced our concerns with the proposal, explaining that it will maintain the de facto ban on fruit and sweet flavored vapes – the most important and popular products amongst adult consumers trying to quit smoking. We also flagged that it imposes new requirements, unnecessarily increasing costs, before driving home the urgent need for bold reform through the establishment of a streamlined, science-based regulatory pathway.

By the Numbers: We shared the most recent data – which is from their own survey – showing that youth vaping is disappearing. Despite the widespread availability of flavored vaping products on the market, the youth vaping rate is down 74% since President Trump raised the age to 21, and now sits at a historic low (5.2%) 

What’s Next: VTA’s legal team is preparing its substantive comment on the proposed flavor guidance. This is the next critical step in our continued efforts to ensure that the federal framework is based on science and the real-world impact on adult consumers and small businesses.

Take Action: Submit Your Comment

State Of The States

What We’re Doing: Across the country, the independent vaping industry’s only national coordinated state lobbying strategy is in full force.

Our more than 200-strong state lobbying operation is actively tracking more than 300 pieces of legislation, engaging lawmakers, proposing amendments, and fighting back against policies that threaten to dismantle independent businesses and limit adult access to harm reduction products.

Go Deeper: Below is a brief overview of some key state updates. To learn more about what we’re doing in your state, become a member of VTA today!

State Highlight: Big Win in Big Red Nebraska:

The Latest: VTA delivered a critical victory in Nebraska. A bill that would have dramatically increased the state’s vape tax has been successfully stopped from advancing – a direct result of VTA’s strategic engagement and advocacy efforts. We will continue to monitor closely and remain prepared to act if this issue resurfaces. 

Why it matters: Excessive taxation on vapes doesn’t reduce harm; it increases cigarette smoking, fuels illicit markets, and was a direct threat to jobs and small businesses in Nebraska.

This win wasn’t by chance. It was the result of:

  • Smart, direct lobbying efforts
  • Coordinated industry engagement
  • Persistent education of lawmakers

This is exactly what effective advocacy looks like.

What’s next: We will continue to monitor Nebraska closely and remain prepared to act if this or similar industry-killing issues resurface.

Arizona: VTA’s team collaborated with Arizona Innovates to advocate for HB 4001. This bill includes licensing and enforcement, age verification, and youth marketing restrictions. Most importantly, this DOES NOT include PMTA registry mandates or tax increases. It has already passed the House and is advancing through the Senate with positive momentum.

Virginia: Virginia law restricts the sale of liquid nicotine and nicotine vapor products. Only products listed on the Virginia Product Directory may be sold after the law’s enforcement date. As a reminder, enforcement of the Virginia vape registry is expected to begin on April 1, 2026.

VTA Welcomes Beast Distribution To The Board! 

About Beast Distribution: When it comes to knowing what your customers actually want, Beast Distribution delivers.

Whether you’re running a vape shop, smoke shop, or building your business from the ground up, Beast Distribution is focused on helping retailers stay stocked with the right products – without the guesswork.

From startups looking to get off the ground to established shops aiming to streamline operations, Beast offers solutions that make sense in today’s fast-moving market. Their just-in-time delivery model helps retailers right-size inventory, reduce overhead, and keep shelves filled with the products customers are actively seeking.

In an industry where demand shifts quickly, having a reliable distribution partner isn’t just helpful – it’s essential.

Beast Distribution stands out by combining product knowledge, efficiency, and a clear understanding of retailer needs, making them a valuable partner for businesses looking to grow and adapt.

Why VTA: Longtime vape industry professional, Marc Waxman, CEO, explained: “We joined VTA because we believe in the importance of strong advocacy for the vapor industry. Being part of a unified voice helps ensure that policies are balanced and support both businesses and adult consumers.”

Join Our Fight!

There are hundreds of bills across the country right now that threaten this industry – and the small businesses behind it. 

VTA is fighting every day to protect flavored vaping products, defend harm reduction, and ensure independent businesses have a future. 

But we can’t do it alone. 

Join VTA today and stand with us in this fight. 

Stay tuned in with us for lots of new developments, and make sure your friends and colleagues are signed up here to receive our news and information.

Got questions? If you have any questions about the issues we have covered, have suggestions for content, or how you can support our efforts, please feel free to contact us at info@vaportechnology.org. 

Join us today and be a part of the effort to protect his industry.

VTA Statement: Governor McMaster’s Decision to Sign SB 287

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WASHINGTON – March 3, 2026 –

“VTA is deeply disappointed that SB 287 has been signed into law, a burdensome and small business-crushing piece of legislation that will cripple South Carolina’s independent vaping industry and ultimately set back public health in the state. The provisions in this PMTA bill will harm South Carolina’s economy and eliminate access to the harm reduction benefits of e-cigarettes for adults looking to quit smoking.

SB 287 is detrimental to small business owners throughout the state, as well as the millions of consumers who rely on vapor products as a smoking cessation tool. Instead of prioritizing the health of South Carolinians who smoke and protecting products proven to be less harmful than combustible cigarettes, SB 287 is designed to limit the vapor products marketplace to a handful of tobacco-flavored and menthol-flavored, out-of-date products that were on the market over a decade ago and are controlled by Big Tobacco. SB 287 will lead to significant unintended consequences, including the closure of small businesses, hundreds of well-paying jobs lost across the state, and over $53 million of tax revenue dollars drained from the state’s economy.

The passage of this legislation sets a dangerous precedent of picking winners and losers through a directory system built on ambiguous compliance requirements, which will imperil the economic freedoms and consumer choices that are so important to South Carolinians.

Despite these developments in South Carolina, VTA continues its call for state and federal officials to establish scientific primacy and integrity in the regulations governing the safe and reliable sale of e-cigarettes to adult consumers.”

Statement attributable to Tony Abboud, Executive Director of the Vapor Technology Association.

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