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VTA REGULATORY ALERT: New Guidance Governing The Vaping Industry Across States

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Published on September 25, 2026

State Regulatory Update

Indiana • Pennsylvania • Virginia • North Carolina

State	What is changing	Key date	What to watch
Indiana	E-liquid permit + foreign-adversary restrictions	July 1, 2026 effective; Jan. 1, 2027 permit requirement	Concern that products will be removed prior to January 1, 2027 licensure date.
Pennsylvania	State ENDS directory + annual certification	Oct. 19, 2026 seizure enforcement for unlisted products	Directory status and product-by-product compliance as well as the definition of “electronic cigarette that contains nicotine’
Virginia	Product directory tied to qualifying FDA PMTA status/authorization	Monitor enforcement timing	Eligibility, listing and enforcement. Treatment of non-nicotine products.
North Carolina	Vapor registry changes, nicotine-analogue definitions and revised federal-enforcement language	Oct. 1, 2026 for key definition/sales provisions; July 1, 2027 for certain provisions	How DOR and enforcement agencies apply the revised definitions and guidance on enforcement expected over the next two weeks.

Indiana 

• SB 185 establishes new regulatory requirements specific to e-liquid products in Indiana.
• It restricts e-liquid products manufactured, sourced, or imported from China, Cuba, Iran, North Korea, Russia, or Venezuela.
• Manufacturers selling products in Indiana must obtain a permit by January 1, 2027. Permits obtained by July 1, 2026 are valid for five years; permits obtained after June 30, 2026 are valid for two years.
• Manufacturers must verify foreign-adversary compliance and provide evidence of FDA approval, authorization, or pending application status.
• Wholesalers and retailers may not possess, sell, or distribute foreign-adversary products.
• SB 185 is not a PMTA registry bill, does not include similar date limitations, does not apply to open-system devices or other tobacco products, and does not prohibit Indiana distributors from selling vaping products to out-of-state customers.
• Exceptions include FDA Marketing Granted Order products and e-liquids with PMTAs submitted and remaining pending. 
• Licensure Applications & Regulatory Information: CLICK HERE

Pennsylvania 

• Manufacturers seeking listing were required to certify to the Attorney General by April 21, 2026. The directory was scheduled for publication June 20, 2026.
• Beginning October 19, 2026, ENDS products not appearing on the directory are subject to seizure by the Commonwealth.
• Manufacturers must recertify annually by April 21 to remain on the directory and provide documentation demonstrating compliance with federal FDA requirements, including PMTA status.
• Manufacturers, distributors/wholesalers, and retailers each have verification and compliance responsibilities. The guide also identifies potential civil penalties, injunctive relief, product removal, and seizure.
• October 19 is the key enforcement date identified in the source material. Companies should confirm directory status before products move through the Pennsylvania market.
• Pennsylvania Statute: CLICK HERE
• Pennsylvania AG FAQ: CLICK HERE
• Pennsylvania Registry: CLICK HERE

Virginia 

• Virginia law restricts the sale of liquid nicotine and nicotine vapor products. Only products listed on the Virginia Product Directory may be sold.
• Manufacturers must certify to the Virginia Attorney General, pay required registration fees, and maintain eligibility under FDA PMTA criteria.
• Distributors/wholesalers must verify listing before sale or shipment; retailers must sell only listed products and monitor directory updates.
• Civil penalties of $1,000 may apply per product, per day.
• The registry covers products containing e-liquids. 
• New 2026 retail licensure requirement effective October 1, 2026 that requires all vape retailers to be licensed.
• Virginia Vape Directory: CLICK HERE
• Virginia 2026 Licensure & Enforcement Law: CLICK HERE
• Virginia Retail Tobacco Permit: CLICK HERE

North Carolina  

• The recent budget technical corrections legislation changed the effective date for new definitions involving nicotine analogues and specialty retailers from July 1, 2027, to October 1, 2026. 
• The legislation also revised the federal-enforcement language used for registry eligibility. It replaces the prior phrase “otherwise marketed pursuant to a published FDA enforcement policy” with language referring to products that are “commercially marketed and are not subject to federal enforcement priority under a published FDA enforcement policy.”
• VTA is reviewing the expanded legal definition of nicotine, including references to nicotinic alkaloids and analogues, to better understand how the change will operate with the state’s registry and certification requirements.
• Certain specialty-retailer licensing provisions are tied to later effective dates, including July 1, 2027, for the licensing requirement described in the General Assembly’s summary.
• North Carolina Registry: CLICK HERE
• North Carolina Legislative Changes: See Pg. 615 CLICK HERE & Pg. 48 HERE

Key Dates

Date	State	Milestone
October 1, 2026	North Carolina	Key nicotine-analogue definition/sales provisions take effect
October 19, 2026	Pennsylvania	Unlisted ENDS products subject to seizure under provided guide
January 1, 2027	Indiana	Manufacturer permit requirement
April 21 annually	Pennsylvania	Annual manufacturer certification deadline
July 1, 2027	North Carolina	Certain specialty-retailer licensing provisions take effect

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