EPISODE NUMBER 26

Pennsylvania Vape Ban: What Act 57 Means for Shops and Vapers

Pennsylvania's new vape law, Act 57, does not ban vaping — it limits retailers to nicotine vaping products on the state ENDS Directory, with enforcement that began October 19, 2026. T.L., Tim and Justin break down which products are legal, the penalties shops face, and what retailers should do now.

October 27, 2026

29min

On The Show

TL Kearney

Former Prosecutor with 15+ Years Experience

Timothy Long

Former Prosecutor with 15+ Years Experience

Justin Baran

Former Prosecutor with 15+ Years Experience

Pennsylvania Vape Ban & Act 57 | Kearney Law

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Watch The Full Episode

The Pennsylvania vape ban is changing what stores can sell across the Commonwealth. Since October 19, 2026, vape shops, convenience stores, and other retailers have faced enforcement for selling nicotine vaping products that are not listed on Pennsylvania’s approved directory.

If you have walked into a vape shop recently and noticed half-empty shelves, Act 57 may explain why.

However, the term “vape ban” does not tell the whole story. Pennsylvania has not made vaping itself illegal. Instead, the law restricts which products businesses can legally sell, and violations can bring serious financial penalties.

On a bonus episode of the Now We Defend podcast, former prosecutors T.L. Kearney, Timothy Long, and Justin Baran discussed Pennsylvania’s new vaping restrictions, what they mean for consumers, and why business owners need to understand the risks.

What Is the Pennsylvania Vape Ban?

The Pennsylvania vape ban refers to Act 57 of 2025, signed into law by Governor Josh Shapiro on December 22, 2025.

The legislation established Pennsylvania’s Electronic Nicotine Delivery Systems (ENDS) Directory. This directory identifies nicotine vaping products that are permitted to be sold within the state.

Under Act 57, businesses generally cannot sell, offer for sale, or retain for retail sale nicotine vaping products that do not appear on the approved directory.

Products that violate the law may also be subject to seizure, forfeiture, and destruction.

However, several important distinctions often get lost in conversations about the Pennsylvania vape ban:

  • The law does not prohibit adults from vaping.
  • It does not create a blanket ban on flavored products.
  • It does not specifically prohibit all disposable vaping devices.
  • It does not establish a universal nicotine-strength limit.
  • It does restrict which nicotine vaping products retailers may legally sell.

Essentially, a product’s eligibility depends on whether it meets Pennsylvania’s certification requirements and appears on the state’s directory.

The official Pennsylvania ENDS Directory is maintained by the Office of Attorney General and updated at least monthly.

How Does a Vape Get Approved for Sale in Pennsylvania?

Not every vaping manufacturer can simply submit a product and receive permission to sell it.

Pennsylvania’s approval process is connected to the U.S. Food and Drug Administration (FDA) and its regulation of electronic nicotine delivery systems.

Generally, products must meet one of several federal regulatory conditions:

  • FDA marketing authorization: The product has received authorization from the FDA to be marketed in the United States.
  • Qualifying pending applications: The product was marketed by August 8, 2016, and had a qualifying premarket tobacco product application submitted by September 9, 2020, that remains under FDA review.
  • Qualifying stayed denial orders: Certain products subject to marketing denial orders may qualify when those orders have been stayed by the FDA or a court.
  • Qualifying product variations: Certain differences involving names, branding, or packaging may qualify under the law’s specific requirements.

Manufacturers must submit certifications and supporting information to the Pennsylvania Attorney General.

For many popular disposable vaping products, meeting those requirements presents a substantial obstacle. Products without the necessary federal regulatory status generally cannot qualify for listing.

What About Vape Pods, Cartridges, and Nicotine-Free Products?

The Pennsylvania vape ban is not limited to disposable devices.

Its requirements may also apply to refillable systems, cartridges, replacement pods, e-liquids, and components that fall within the law’s certification requirements.

Additionally, products marketed as nicotine-free are not automatically exempt in every situation.

When a nicotine-free electronic cigarette shares a brand name with a nicotine-containing electronic cigarette, Pennsylvania generally requires a manufacturer certification supported by qualifying laboratory testing to establish that the product contains no nicotine.

This prevents businesses from relying solely on packaging or nicotine-free labeling to avoid the directory requirements.

Which Vape Brands Are Legal in Pennsylvania in 2026?

One of the biggest questions surrounding the Pennsylvania vape ban is which products customers can still purchase.

When enforcement approached in October 2026, Pennsylvania’s approved directory included a relatively limited selection of manufacturers and products compared with the broader vaping market.

Recognizable brands associated with FDA-authorized vaping products include:

  • Vuse
  • JUUL
  • NJOY

However, not every product, flavor, or variation from a manufacturer is necessarily authorized for sale in Pennsylvania. Retailers must verify the specific product against the state’s current directory.

Popular disposable brands such as Geek Bar, Elf Bar, Raz, and Lost Mary have faced restrictions because products lacking directory approval cannot legally be sold in Pennsylvania.

Even when a manufacturer has submitted an application, pending certification does not automatically authorize retail sales.

Because Pennsylvania updates the directory regularly, consumers and businesses should avoid relying on outdated approved-brand lists.

Before purchasing inventory, retailers should confirm that each specific product appears on the Pennsylvania ENDS Directory.

When Did Pennsylvania’s Vape Ban Take Effect?

Although enforcement began in October 2026, the Pennsylvania vape ban developed over several months.

Here are the important dates:

  • December 22, 2025: Governor Josh Shapiro signed Act 57 into law.
  • April 21, 2026: Initial manufacturer certification deadline. Annual renewals are generally due each April 21.
  • June 20, 2026: Statutory deadline for the Attorney General to publish the ENDS Directory.
  • October 14, 2026: A federal judge in Pennsylvania rejected a challenge claiming key provisions of Act 57 were preempted by federal law.
  • October 19, 2026: Enforcement of the restrictions on unlisted vaping products could begin.

The October 14 ruling was significant because vaping businesses had challenged Pennsylvania’s authority to impose these restrictions.

The federal court ruled in favor of the Commonwealth on the preemption claims, allowing the state’s enforcement framework to remain in place.

What Are the Penalties for Selling Illegal Vapes in Pennsylvania?

For business owners, this is where the Pennsylvania vape ban becomes particularly serious.

Act 57 establishes escalating civil penalties for retailers, wholesalers, and importers that sell or offer unlisted nicotine vaping products for retail sale in Pennsylvania.

First Violation: $500 Per Product

A first violation can result in a $500 civil penalty for each unlisted product offered for sale.

The law also allows authorities to negotiate a reduced first-offense penalty in certain circumstances when the business demonstrates compliance within the required timeframe.

That possibility should not be mistaken for automatic forgiveness.

Second Violation: Up to $1,000 Per Product, Per Day

A second violation within 12 months carries significantly greater consequences.

Penalties range from $750 to $1,000 per day, per product, along with a tobacco license suspension lasting at least 14 days.

For businesses relying heavily on vaping products, even a temporary license suspension can create substantial financial problems.

Third Violation: Up to $1,500 Per Product, Per Day

A third violation within 12 months can result in penalties ranging from $1,000 to $1,500 per day, per product.

At this stage, Act 57 also requires license revocation.

Seized products may be forfeited and destroyed, and additional costs may apply.

Consider a shop carrying dozens of unlisted products. Because penalties can accumulate across individual products, a single enforcement matter can create serious financial exposure.

Important: Although the primary retailer penalties under these provisions are civil, manufacturers may face separate penalties. Knowingly false representations in required manufacturer certifications can also carry criminal consequences.

Can Vape Shops Keep Banned Products Behind the Counter?

No. Keeping unlisted products in a storage room or behind the register does not automatically make them legal.

During the Now We Defend episode, T.L. Kearney described a conversation involving a vape shop employee who reportedly intended to continue selling restricted products to customers who requested them.

That approach creates serious enforcement risks.

Act 57 restricts products held for retail sale, not simply products displayed on store shelves.

Whether a device is sitting in a glass display case or stored out of sight, a business can still face penalties when it offers or retains an unlisted product for unlawful retail sale.

Pennsylvania Attorney General Dave Sunday, who previously served as York County District Attorney, has announced plans for targeted enforcement throughout the Commonwealth.

According to the Attorney General’s October 8 enforcement announcement, inspections will include compliance education, while repeat violations can lead to escalating penalties.

Can Stores Order Unapproved Vapes From Other States?

Ordering products from another state does not eliminate Pennsylvania’s requirements.

The restrictions also address businesses supplying vaping products for retail sale within Pennsylvania, including transactions involving wholesalers and out-of-state sellers.

Retailers should not assume that buying inventory online or through an out-of-state distributor makes unlisted products legal.

Does Pennsylvania’s Vape Ban Affect Individual Vapers?

For most adult consumers, Act 57 does not create a new criminal offense simply for possessing or using a vaping device.

The law primarily regulates the commercial sale and distribution of nicotine vaping products.

In practical terms:

  • Adults are not prohibited from vaping solely because of Act 57.
  • Retailers cannot legally sell nicotine vaping products excluded from the directory.
  • Existing consumer devices are treated differently from products held by businesses for resale.
  • Other Pennsylvania laws governing age restrictions and where vaping is permitted still apply.

The most immediate consequence for consumers is reduced product availability.

Someone accustomed to buying a particular disposable vape may discover that their usual store can no longer legally sell it.

Are Zyn and Other Nicotine Pouches Banned?

No. Oral nicotine pouches, including products such as Zyn and Velo, are not electronic nicotine delivery systems covered by Pennsylvania’s ENDS Directory requirements.

These products remain subject to other applicable tobacco and nicotine regulations, but Act 57’s vape directory does not apply to them in the same way.

Why Did Pennsylvania Pass Act 57?

Pennsylvania officials have described Act 57 as a public health and consumer protection measure.

State leaders have expressed particular concerns about disposable vaping products that lack FDA authorization and products marketed using colorful packaging, sweet flavors, or features that may appeal to younger consumers.

Attorney General Dave Sunday has emphasized that the law is intended to address potentially harmful products reaching children and adults who may not fully understand what they are consuming.

However, the legislation has also faced opposition from vaping businesses concerned about losing access to products that generate substantial portions of their revenue.

Those concerns contributed to the federal legal challenge decided in October 2026.

During their podcast discussion, the Kearney Law attorneys compared the evolving regulation of vaping products with previous changes to cigarette advertising and tobacco marketing.

The broader issue involves balancing product availability, public health concerns, and the authority of state and federal regulators.

What Should Pennsylvania Vape Shop Owners Do Now?

With enforcement underway, businesses should evaluate their inventory and compliance procedures rather than assume existing stock can still be sold.

Several practical steps can help retailers understand their obligations:

  1. Review your inventory. Compare every applicable nicotine vaping product against Pennsylvania’s current ENDS Directory.
  2. Verify individual products. Approval of a manufacturer or brand does not necessarily cover every flavor, package, or device.
  3. Remove unlisted products from retail sale. Keeping restricted inventory available to customers may result in violations.
  4. Check supplier documentation. Confirm that distributors and wholesalers meet applicable Pennsylvania licensing and compliance requirements.
  5. Maintain accurate records. Preserve purchase records, inventory documentation, and relevant communications with suppliers.
  6. Take enforcement notices seriously. If inspectors identify a violation or seize inventory, review the notice and applicable deadlines promptly.

Retailers who receive a notice of violation should avoid making assumptions about penalties, possible settlements, or their ability to continue selling products.

An attorney can evaluate the circumstances, explain applicable procedures, and help determine an appropriate response.

Frequently Asked Questions About the Pennsylvania Vape Ban

Is vaping illegal in Pennsylvania in 2026?

No. Pennsylvania’s Act 57 does not make vaping itself illegal for adults. The law regulates which nicotine vaping products businesses can legally sell within the Commonwealth.

When did the Pennsylvania vape ban start?

Act 57 was signed into law on December 22, 2025. Enforcement of the restrictions on unlisted vaping products began October 19, 2026.

Are Geek Bars illegal in Pennsylvania?

Geek Bar products cannot legally be sold by Pennsylvania retailers unless the specific products appear on the state’s approved ENDS Directory. Consumers and businesses should check the current directory rather than assume approval based on the brand name alone.

Can you buy flavored vapes in Pennsylvania?

Potentially. Act 57 does not establish a blanket prohibition on flavored vaping products. However, retailers may only sell products that meet Pennsylvania’s directory requirements, which significantly limits available options.

Can a vape shop lose its license in Pennsylvania?

Yes. Under Act 57, a second violation within 12 months can trigger a license suspension of at least 14 days. A third violation within 12 months can result in license revocation and substantial additional civil penalties.

Can a vape shop owner face criminal charges?

The primary retailer penalties for selling unlisted vaping products under Act 57 are civil. However, the law separately establishes criminal consequences for certain false manufacturer certifications. Other conduct discovered during an investigation may also implicate separate criminal laws.

Are nicotine pouches included in the Pennsylvania vape ban?

No. Products such as Zyn and Velo are not covered by the ENDS Directory in the same manner as electronic nicotine vaping devices.

Where can I find Pennsylvania’s approved vape list?

The Pennsylvania Attorney General’s ENDS Directory provides the official list of certified products. The directory is updated at least monthly.

Facing Vape Ban Enforcement in Pennsylvania? Contact Kearney Law

If you own a vape shop, tobacco retailer, or convenience store and have received an enforcement notice, the consequences can extend well beyond a single fine.

Inventory seizures, escalating penalties, and potential licensing consequences may threaten your ability to operate.

At Kearney Law, our attorneys bring experience as former prosecutors to the defense of clients throughout Central Pennsylvania.

Our criminal defense attorneys understand how investigations develop, how evidence is evaluated, and why responding appropriately to government inquiries matters.

With attorneys serving York, Lancaster, Harrisburg, and surrounding communities, Kearney Law can help you evaluate your legal situation and determine appropriate next steps.

Have you received an enforcement notice or are you concerned about an investigation?

Call 717-668-8159 or contact Kearney Law online to request a free initial consultation.

Former Prosecutors. NOW WE DEFEND.

This article provides general information about Pennsylvania Act 57 as of October 27, 2026. It is not legal advice. Product certifications, enforcement procedures, and legal developments may change.

Episode Transcript

01:21:25:19 – 01:21:44:12
Unknown
Okay. Hey guys. Welcome back. We are actually going to do a bonus episode this week. There was something that occurred this week in the law that I think affects a lot of people. And that is what has been kind of dubbed the vape ban in Pennsylvania that went into effect, I believe it was on the 19th, which I think was Monday.

01:21:44:12 – 01:22:18:25
Unknown
I could be wrong about that date, but October 19th of 2026, this vape ban went into effect. It is now being enforced. So, what this is guys, is this is not a ban on vaping by people in society. What this is, is this band that went into effect, this law that went into effect is a it’s affecting the sellers of the vapes, and it’s strictly and significantly limited the types of vapes that they can sell in their shops.

01:22:18:25 – 01:22:43:28
Unknown
So you think about your tobacco huts, your, you know, smoke shops, your vape, shops all across the Commonwealth of Pennsylvania. They are now getting very strict enforcement on what types of vapes that they can, can sell. This law was actually signed into law back at the very end of last year, on December 22nd, 2025 by Governor Shapiro.

01:22:44:01 – 01:23:05:27
Unknown
And there’s been a lot of steps leading up to this actually taking effect, which we’re going to explain to you here, but it is now in effect. And if you own one of these shops or you’re a seller, guide yourself accordingly because you are majorly at risk. Now, if if you want to even keep operating whatsoever your shop because you can lose your ability to even have your tobacco sales license.

01:23:06:00 – 01:23:30:03
Unknown
And I was listening, looking at the Attorney General’s website as I was preparing for this episode last night, and our attorney general, Dave Sunday. He’s a wonderful guy. We all know him. He used to be the district attorney here in New York. I actually worked with him as a Da many years ago when I was a prosecutor, but, he actually indicated that his office is targeting these and the enforcement of this now.

01:23:30:10 – 01:23:50:08
Unknown
And one of the reasons that they’re doing that is that. And I’m going to kind of quote him here, he said that this law is about keeping harmful products out of the hands of both children and adults who may not realize what they’re consuming. And he was citing the way that a lot of these vape companies are marketing this to like, children.

01:23:50:09 – 01:24:09:18
Unknown
They’re having, you know, candy like flavors. Their marketing it in such a way that it like cartoons and things that are directed towards children, video games and things that are on these vapes that are very targeting, and many of them are actually produced out of the country in China. Which we don’t know what the regulation is on that.

01:24:09:18 – 01:24:31:16
Unknown
Exactly. And we don’t know what’s in these vapes. And these kids are, you know, sucking them down like candy, and it’s harming our children. So I think, Attorney General Sunday’s point on this is very well taken. And very important to understand. And here, because we’re really talking about our most vulnerable in society, our children. And, you know, this is something I worry about as a parent.

01:24:31:19 – 01:24:49:15
Unknown
So I’m actually glad this law is now in effect. And, you know, I know it limits people who do vape pretty significantly. But we’re going to get into that. So, Tim, I’m going to jump over to you here first. Tell us a little bit about what Pennsylvania has banned and what it hasn’t banned as part of this.

01:24:49:18 – 01:25:19:01
Unknown
Yeah. So the law creates what they’re calling a directorate, which is a list of approved fames and vape brands that are permitted for sale. And from my understanding of this law, the directory is approved. List tracks very closely with the FDA approval. So there are certain brands that have hit certain, criteria or wickets to achieve FDA approval of some kind.

01:25:19:03 – 01:25:42:01
Unknown
Those are the ones that are being permitted for sale in Pennsylvania. And the ones that that are falling short of that FDA standard are that’s the basis for their being denied entry or sale into Pennsylvania. So that’s kind of a very broad overview. But I would echo too, because I have I mean, I, I have young family members who have gotten caught up in vaping.

01:25:42:03 – 01:26:03:12
Unknown
And I mean, it is a huge problem. We work with kids and families where vapes are coming into the schools and, you know, there are people I think, that are upset with this law because they don’t like that vapes being targeted specifically. But the reality is everyone would be up in arms if cigarette companies were doing what vapes are currently doing.

01:26:03:12 – 01:26:23:09
Unknown
And in fact, there was a huge push back in the day to prevent cigarette companies from doing what this what these companies are doing. I’m so glad you brought that up because I actually wanted to draw that parallel. And this this is almost damn near identical to what happened to cigarette companies years and years ago. I mean, you think about these, the cartoon camel, like all that stuff.

01:26:23:15 – 01:26:43:28
Unknown
They actually they took they didn’t. They take a cigarette. Commercials off television by law. Yeah. Like now. So I mean, again, like this is this really guys just draws a parallel to what we did with cigarettes years ago because they were targeting children. Right. You know, and that demographic. And that’s you shouldn’t be doing that that harms society.

01:26:43:28 – 01:27:08:01
Unknown
And there were a lot of people, I think, that bought into vaping early on because they thought it maybe was less harmful than cigarettes. But that ship, I think, has sailed to because now there are definitely some some links to health concerns, COPD and some other things. Yeah, that that are potentially linked to vaping. So like this is one of those things that vaping became really popular within the last ten years.

01:27:08:03 – 01:27:31:15
Unknown
And it takes longer than ten years for us to truly see the long term health effects of something like this on children, especially. So now with the advent of kids getting their hands on these vapes. You know, there are kids that are doing it and you’re right, they don’t know what they’re doing, and they don’t think about the long term health effects that this could have on them, because those health effects are poorly understood at this time.

01:27:31:16 – 01:27:55:24
Unknown
Yeah, I think about like, how did we not know that putting something in your lungs, especially out of all the smoking that happened years and years ago, is going to be harmful to you? Like I think about, like I, I before all this vaping happened, I remember I used to think like, how did people like, back in like the 40s, like when there’s how those long stem cigarettes see and they’re like smoking them and sucking down the smoke, like, how did they not realize they were harming their bodies?

01:27:55:24 – 01:28:09:01
Unknown
Well, I think there is always an argument to, for individual autonomy, like I frankly, I don’t care if adults are vaping, I don’t, I don’t either, but but from a health standpoint, because you brought that up, like, how did we not realize? Well, one of the biggest was going to harm? I think that people did kind of know.

01:28:09:02 – 01:28:25:08
Unknown
But you also are talking about a generation that was, you know, storming the beaches of Normandy. Like, did they really care that the Emirates had cigarettes in them? Did they really like, did they did it really matter the health effects that they were potentially introducing? And I’m not so much talking about that because I, I get I get the mentality there.

01:28:25:08 – 01:28:45:24
Unknown
I’m talking about like now with the advent of vaping, how did we not like have the same approach to this? Like this will harm children. This. Yeah, that’s our lungs. That stumps me. But I will say cigarettes are interesting because I’ve kind of looked at this. I would not say that cigarettes were healthier back in the 40s, but cigarettes have changed since the 40s.

01:28:45:26 – 01:29:09:04
Unknown
The number of chemicals in cigarettes now, I mean, they do everything from coating the wrapper itself in chemicals that will preserve it or that will cause it to, well, go out or go. So if it’s unattended. Right. So there’s, there’s, there’s a coating in the cigarette itself, the paper of it, that it, it will go out to try to protect people from falling asleep with cigarettes in their hands and then lighting themselves on fire or something.

01:29:09:04 – 01:29:27:10
Unknown
Right. So there’s all these other things that have been introduced into cigarettes. So cigarettes today are very different from what cigarettes were in the 40s. But you’re right, it stumps me, the question you asked, because we know there’s chemicals in all this stuff now. Yeah. And why would vaping be any different? People just don’t care. Yeah, that’s really what I think.

01:29:27:11 – 01:29:47:27
Unknown
I think you’re right about that. But I also think when we’re talking about children and teens, yeah, they they actually don’t realize the I really think they, they’re I think their brain structure doesn’t allow them to think through that in a way that they realize they’re harming themselves. So it’s like you said, like it’s all targeted towards younger individuals.

01:29:48:00 – 01:30:05:01
Unknown
Yeah. You, you know, now with we’re in the age of the influencers, right? So like, kids are seeing people on YouTube, Instagram, TikTok, you know, vaping whatever. And like, well, I want to do that because that’s cool. It’s just like the cigarettes. Like it’s just. Yeah, history repeats itself, right? Yeah. I think that’s kind of what we’re seeing.

01:30:05:03 – 01:30:21:16
Unknown
And, you know, fads come back and then they go away like, you know, you see it in fashion. But I think with this, like the whole vaping thing, comparing it to like the cigarettes again, I think because history repeats itself, it’s like people are just they know I think that it’s, you know, dangerous and there’s potential consequences.

01:30:21:16 – 01:30:40:18
Unknown
But again, I just think they don’t care. It’s too early on for like a mass of people to have such a strong feeling towards it that it’s, it’s it’s going to eventually. I think it’ll end up just like cigarettes did. But yeah, it takes time to get to that point. And obviously now we have much better science and studies and things like that.

01:30:40:18 – 01:31:03:19
Unknown
So I do think it’ll happen a bit more quickly, but I, I’d say probably another ten, 15 years before everything catches up. And we all know how the government, you know, works and how fast they move. So, you know, the fact that we actually have this now ten years later, right? It’s probably going to be another 1015 before we get to the point where it’s treated like cigarettes and people view them like cigarettes.

01:31:03:20 – 01:31:21:11
Unknown
Yeah. And it becomes not so mainstream, right? Yeah. Because it is. There is a social aspect to it too, I think, especially among young people. I mean, there’s so many young people I see out there vaping. Yeah. You know, just in society and I know people like my age older that like if they can’t find their vape, they’re flipping out because they need the nicotine hit.

01:31:21:11 – 01:31:36:11
Unknown
Right? Right. It’s like, where’s my vape? Where’s my vape? And going back to like what you said about a lot of these being produced in China. I don’t know if you guys have seen I’ve seen it on definitely TikTok and Instagram. It’s just like a little Chinese kid in a factory. They’re putting the tops on all these vapes and they’re like, hitting everyone, like testing it before.

01:31:36:13 – 01:31:56:03
Unknown
Like, you never know what’s going on with any of that. I don’t know, that always freaked me out. But yeah, you just got little kids. It’s just like, see the videos? There’s like literally little kids over in China just ripping cigs, and they’re like nine years old. Yeah. People just don’t care. Well, and then you guys have probably seen like, the kids who are in the hospital with their lungs or just like, trashed from these vapes and like, that’s real.

01:31:56:03 – 01:32:10:07
Unknown
But people, people kind of ignore that stuff because they don’t like to look at the bad stuff. Right? So it’s like the lottery. Yeah. I mean, my, my grandfather smoked cigarettes for a long time. He lived to be 90 years old, you know. Yeah. He had emphysema and glaucoma near the end of his life, but he lived 90 years old.

01:32:10:08 – 01:32:22:25
Unknown
You know what I mean? Some people have been smoking so long that they can’t stop now or something will die. So you know the point. You know, some of it is also a genetic lottery. So like, is that do you want to spend that. We’ll is kind of the question. Yeah. You know what I mean. And that’s true.

01:32:22:26 – 01:32:45:02
Unknown
You could just not spin the wheel right. You know and keep living a good life. Right. Anyways, okay, let’s get back to this, this band though. Enough of me preaching about how you feel about our soapbox. Yeah. Or soapbox. Yeah. So again, guys, the act 57 of 2025, which is the act that affects this. It does not outlaw nicotine strength.

01:32:45:04 – 01:33:07:03
Unknown
Flavors, puff counts on vapes or even device types. It creates, as Tim was explaining to you, a directory. It’s called the NS directory ENDS directory. And if you are not on the ends directory, if your vape is not on there, it is now illegal to sell on a store, and if the stores are caught selling them, they’re going to get in a lot of trouble for it.

01:33:07:03 – 01:33:32:13
Unknown
And again, the attorney general is targeting this. The directory itself, the ends. The directory is only accepting products that have FDA authorization or are under FDA review as preexisting products. So those are the only products that are getting on the list. And there’s only one I want to talk about disposables actually, here a little bit, because disposable vapes are frequent fliers.

01:33:32:13 – 01:33:56:10
Unknown
I think in society there’s only one disposable that’s currently authorized, and that is the NJ daily, that is now legal to sell at these stores. So the the attorney general in Pennsylvania keeps this directory. They are frequently modifying, I think monthly this directory. But anything on not not on the directory cannot be sold in Pennsylvania anywhere legally.

01:33:56:16 – 01:34:21:19
Unknown
I do want to go over a brief, dates of kind of like the, the advent of this, this new band, this new law. So the important dates are here. December 22nd, 2025 is when the governor signed this law into law. On February 20th, 2026, the licensing rules started and the retailers were only able to buy from Pennsylvania licensed wholesalers.

01:34:21:21 – 01:34:54:15
Unknown
As of April 21st, 2026, manufacture certification deadlines had occurred on that date, and then every year after on April 21st. They are reviewing those. So that’s when the manufacturers had to have their certifications. In June 20th, 2026, the director was published, and it’s updated at least monthly, although I think it’s actually been more frequently than that. And then of course, as we said earlier, October 19th, 2026, this law went into effect.

01:34:54:20 – 01:35:21:04
Unknown
Unlisted project products for vapes have now become subject to seizure. So what gets on the PA approved vape lists? Tim, I’m going to go over to you for this. I’d like to kind of hear how you even get on this list. And why have so many of them become disqualified? I guess we can say. Yeah. So, I mean, the big thing is it’s got to go through the FDA.

01:35:21:08 – 01:35:48:04
Unknown
That’s how you get onto the list here. The FDA will grant the order authorizing it for marketing purposes or for, you know, for sale. And then it’s added to the to the directory, what you said about the sort of the preexisting products that’s currently in review. And so it’s under a premarket tobacco product application to the FDA, which is still pending.

01:35:48:04 – 01:36:06:19
Unknown
It’s still being reviewed. So that was, I think, submitted the date that we had here. And I forget if this is the one I saw too, but I assume this is correct. August 8th of 2016 is the date they’re looking at for when it was introduced to the market. And if it was submitted by September 9th of 2020.

01:36:06:21 – 01:36:30:27
Unknown
They’re looking at those products. So they’re reviewing all the products I think in that date range in order to, to determine whether or not those products will be put on to the directory or given some kind of approval through the FDA, whether that reprove that approval will be denied or revoked is also a question here. So we could see more things added to the NS directory.

01:36:31:00 – 01:36:53:26
Unknown
I don’t think we’re in a position where we would see anything come off the list at this time, but that theoretically, I guess, is possible. The product would have to be different from the one approved on the directory only by just very basic features like the name, the brand and, the packaging. That’s the only significant difference.

01:36:53:26 – 01:37:27:09
Unknown
So it has to basically match something already on the directory. Right. And it’s just a different brand and just package differently. And it’s got a different style. That’s what they’re looking for. If it’s something that’s materially different from what’s on the directory, it may not get approval. Yeah. Right on okay. That’s absolutely correct. So guys it really comes down to FDA approval and or being under review at the proper times by the FDA or not having a product that is different from one that’s already approved, only differing by, like Tim said, name, brand, style or packaging.

01:37:27:12 – 01:37:44:08
Unknown
So again, I want to hammer home guys that this law affects sellers of this product. It does not affect the person vaping. So you are not going to be out there on the street vaping and a product that, let’s say, can’t be sold in a store and the cops are going to come up to you and go, you’re getting charged with a crime that isn’t going to happen.

01:37:44:08 – 01:38:10:24
Unknown
That’s not what this law touches. It’s only affecting the stores and the sellers of these of these products. And actually sellers are now required to certify to the Pennsylvania Attorney General that the vapes being sold in their stores are qualifying vapes that can be sold. And they’re required to do that, I think, on a regular basis. And if they’re not doing that, they can get their tobacco license suspended.

01:38:10:26 – 01:38:31:27
Unknown
There are two important details that I did want to touch on here when it comes to this. This law reaches any part or component of the vape. So replacement pods or you know, that you put in it’s not just the wholesale device, it’s not just the entire device, it’s it’s actual pods or things that you add to the device.

01:38:31:27 – 01:38:58:00
Unknown
They have to qualify and be on the ends directory as well, or sold by companies that are on the ends directory. The other thing is nicotine. Products that share a brand name with a nicotine product must still be certified and on the list. So this closes the obvious workaround of trying to kind of get these zero nicotine products and then try to somehow use non permitted products within them.

01:38:58:02 – 01:39:18:19
Unknown
So that’s also been been grabbed. So I want to there’s very limited amounts guys of what vapes are on the stores. And frankly the ones that are precluded I believe as I’m seeing through the research I’ve been doing on this, are actually the most popular ones. Eat bars. Yeah, geek bars is a big one. So, Justin, I want to pop over to you here.

01:39:18:21 – 01:39:40:08
Unknown
Tell us the manufacturers that are currently legal and what I have on this outline is, effective as of yesterday. I looked at it last night as I was preparing this, so, I would imagine it’s still the same this morning. And we’re here, guys, on October 23rd, 2026. What one’s what? Manufacturers are currently legal. Yep.

01:39:40:08 – 01:40:01:15
Unknown
So it looks like we got about seven of those Schwartz e-liquid, R.J. Reynolds vapor, which makes views. That’s a pretty popular one. Yeah, those are in, like, every single gas station. Enjoy. I’ve actually never heard of that one or seen that. So that’s one of the disposables or the only disposable I guess. The others usually require replacement pods.

01:40:01:16 – 01:40:24:21
Unknown
Yeah. They also make non disposables though to enjoy does. Yeah. So it’s the end products that are on the directory. And then logic technology development custom technologies blue nine then Jules I remember when Jules first came out, I don’t know if they’re still the same. I haven’t had one of those in a long, long time, but I remember when they first came out, if they were like a it looks like a little USB stick and the replacement pods are square.

01:40:24:25 – 01:40:41:21
Unknown
And when they first came out, they were huge on social media, especially down south, I think they started first and then expanded up to, you know, the northeast and across the country. And I just remember ripping one of those in in college and it like, tasted like technology, like burned the back of your throat.

01:40:41:21 – 01:41:00:03
Unknown
It felt like tingly. It was terrible. The refreshing taste of Nicole. Yeah. The taste of technology. Yeah, I like that. That’s that’s the only way I can describe it. I am become the machine. I want to tell you a quick story about Jules and not to call Joel out specifically. This might not be the case across the entire company, of course, but I represented a guy years ago.

01:41:00:04 – 01:41:22:01
Unknown
This is probably ten years ago. Who at the beginning of July, he was his job was he was a jewel sales representative, where he was actually trying to get jewel like into these shops and like kind of mainstream. And he specifically told me, like in our console, which was not anything related to Jewel, it was about a different crime.

01:41:22:01 – 01:41:40:15
Unknown
But he specifically told me that we’re really trying to get these, like, focused on like, teens. Yeah. And like, that’s our demographic. And I was thinking like, you asshole. Think about it. Come on, man, that is the that’s the. But there is his directive. You know, it’s the dirty secret, but it is how the sausage is made. And it’s the same thing with gambling.

01:41:40:16 – 01:42:03:06
Unknown
I mean, gambling is drawing a lot of attention because it’s not the same as it once was. And there are people that are legitimately sinking pretty far into the sports betting just because it’s with their phone and stuff. They have access to it all the time. So that’s the secret part, is that these kinds of vice business models, they want to hook people so that they have a reliable stream of customers for decades to come.

01:42:03:08 – 01:42:20:16
Unknown
So, you know, they’re not necessarily concerned with the 70 year old who, you know, they’re not trying to hook a 70 year old on vaping because that’s not going to be a customer, probably not for years and years and years. But if you hook somebody who’s 17, they could theoretically be addicted for the rest of their life. And that’s a business decision.

01:42:20:18 – 01:42:36:16
Unknown
Yeah. Especially if they become brand loyal. Exactly. You know, and that’s the same thing with cigarettes. So like that is that that’s the how the sausage is made. And gamblers, a lot of the sports betting places, they’re making money off of a few select people who have a problem. I mean, that’s a marketing thing across all of marketing, right?

01:42:36:16 – 01:42:57:08
Unknown
I mean, it’s people that come brand loyal to a specific thing. I mean, I don’t care if it could be paper towels. Sure. But vaping is not is not separate from that. It’s not pretend. It’s some different kind of industry. Not. Okay. Tim, I want to jump over to you. Tell me the brands that are frequent. I think that people use a lot, you know, the most popular brands that are now illegal and can’t be sold in stores.

01:42:57:09 – 01:43:17:00
Unknown
And, guys, this is not an exhaustive list, but the the kind of popular ones. Yeah. So the three most popular ones that I recognize were Geek Bar, Elf Bar and Blue. Yeah. I’m told that raz Lost and Lost Mary are both pretty popular as well. I don’t know any of the other ones. Air Bar, Flare, Lava plus Fogger or Fogger and Flume.

01:43:17:03 – 01:43:32:24
Unknown
I think I recognize flume, actually. I’ve seen flume ads. Just those of you seen any of those geek Bar now bar for sure. Yeah. Like I mean I multiple friends that are. Yeah. Like I said, the the geek bar addict. Yeah. You used to see a lot of blue advertisements at gas stations, like when you’re pumping the gas.

01:43:32:28 – 01:43:50:10
Unknown
I remember the blue ads at the pump. So so I also talked and this is a little tip for the attorney general’s office enforcing this. I talked to a friend of mine who vapes pretty regularly about this when it went into effect, and he advised me that he actually went into a vape store to buy his vapes and stuff.

01:43:50:10 – 01:44:05:21
Unknown
And they were this whole band thing, I guess, was, you know, it’s was this week was being told. And, the guy literally at the store was like, yeah, we’re just going to keep him in the back. And like when people asked for him, we’re going to sell him. And I’m thinking, like when he said that to me, I’m like, dude, those guys are gonna get shut down.

01:44:05:22 – 01:44:24:02
Unknown
Yeah, like if they’re doing that, like a lot of places, there was already a huge target on the back of a lot of these tobacco shops. Yeah, for other reasons. And Montgomery County has been clear. York County has been clear. They’ve sent public notices to these places for other types of enforcement issues. They are not messing around here.

01:44:24:03 – 01:44:43:26
Unknown
Yeah. And again, gonna come to your store. Yeah. The attorney general is going to target this enforcement of this. This is going to be a big deal. Yeah. So, you know, keep that in mind if you’re a tobacco shop owner. Yeah. If these people think that they’re like, law enforcement agencies aren’t sending people into their stores on an almost daily basis, like, you’re you’re you got your head in the sand, right?

01:44:43:27 – 01:45:00:09
Unknown
Like they are sending people in on your age, kids. You guys, this reminds me of like, I don’t know that they’re sending actual age casual underage. But yeah, again, young kids 18, 19 years old and well, you have to be 20 minors according to the law. You have to be 21. I always I forget about that. Yeah, 21 like that.

01:45:00:12 – 01:45:15:00
Unknown
But you know, they’re doing that. Yeah. Do you guys, you remind me of do you remember when we were, like, younger teenagers? I remember there would be, like, head shops here in New York. Were like, you could buy bowls and you could buy, like one hitters glass things. And they. The front was that it was all for tobacco.

01:45:15:01 – 01:45:30:28
Unknown
Right? Yeah. And you could use only. But if you’d go in there and you’d be like, hey, you got anything in the back? They don’t have something in the back. Like, you know, like that’s the type of stuff that’s like, it’s just history repeats itself. Dude, I can’t believe this. But I mean, like, they were selling salvia over the counter and some of these places, you know what I mean?

01:45:30:28 – 01:45:46:22
Unknown
Like, I remember I remember seeing it in New York at, at, I think the Ithaca Commons, there was a, there’s smoke shop there that at one point was just straight up selling salvia. I don’t even know if that they’re allowed to do that anymore. Yeah, I do think I think guys, we’re going to actually start getting calls about this.

01:45:46:24 – 01:46:01:13
Unknown
I think with the enforcement that’s going to happen. I mean, these tobacco huts, these shops in New York and across the, you know, Pennsylvania, we’re going to start seeing these calls. So keep an eye out. I think it’s going to be pretty regular. I also wanted to touch on the fact that there isn’t a post office work around here.

01:46:01:15 – 01:46:16:28
Unknown
You think about, oh, I can’t get at the shop. I’ll just get it in the mail. The post office does not ship vapes. Sellers that ship vapes must register with the ATF and the appropriate state agency to do that. So you’re not going to be able to work this around and still get your Geek Bar by the US Postal Service?

01:46:17:01 – 01:46:35:04
Unknown
Secondly, I also wanted to touch on nicotine pouches. This law does not touch nicotine pouches. Obviously it’s still delivering kind of the same thing into the body, but yeah, all good there. Those are completely still legal. You know, you got your zen, velo, rogue. Those types of pouches that. It’s completely not touched by this.

01:46:35:04 – 01:47:00:09
Unknown
The tobacco shops are still selling them and they’re still out there. I think we’re going to see some maybe updates to that, though, just with like the flavoring. Because again, all these like, have you heard anything like I haven’t heard anything. I know again, like, with like the jewel pods initially. Like they had like mango and then like they were like, strawberry lemonade, like they had all these crazy flavors, you know, the fruity ones.

01:47:00:10 – 01:47:18:28
Unknown
And that’s what initially got banned. And they were trying to even been banned like menthol cigarettes. Right. Well, it’s the ones, it’s the targeting of. That’s the problem. A lot of the I mean, like, almost bringing it on. Yeah. All of those. Any type of nicotine patch company that’s, that’s currently out there that you can get it, you know, sheets or any gas station really.

01:47:19:00 – 01:47:36:20
Unknown
I mean, all of them have like a fruity flavor, at least 1 or 2. And then like I know, especially like the sheets over off of a 30 in Arsenal. Like, I go in there and every once in a while there’s a guy that’s, like, working for that company and like, they’ll sell you like a can of them for like two bucks or something.

01:47:36:20 – 01:47:55:25
Unknown
But they always have new flavors, like they had like a, there was like summer heat, which was like, like a cinnamon fruity one. Like, they have all these crazy flavors. I don’t think that’s going to be a problem. Like, they’re going to crack down on it because. Because, I mean, like, chewing tobacco has been doing flavors for a long time, like skull, peach and all that stuff.

01:47:55:25 – 01:48:12:27
Unknown
They’ve had fruity for a long time. I don’t know, I just feel. But they’re going to have to there is potentially going to be some restrictions on how they market it or how they name it. Right. So like, I know, I know of like a snuff company. So like snuff is, news. What’s the powder? It’s like the fine grain.

01:48:13:00 – 01:48:29:22
Unknown
I mean, it’s it’s like a Swedish thing. Snuff. Yeah. Well, it’s. Yeah, it’s European really. It’s really popular in Europe. In Europe? I think Napoleon used to do it too. Right? So shout out Napoleon. Yeah. Shannon bullion. But like, there’s a company over there that has been in existence, I think, in England for a really long time.

01:48:29:22 – 01:48:56:16
Unknown
And they had a they had like a menthol, snuff that was originally called Be Cool or something like that. And they had to change it because the marketing, they weren’t allowed to use the word cool in the name of the product that the one Napoleon did. I don’t think I don’t know. All right. Okay, guys. Well, I want to wrap up this episode, this bonus episode about vaping with the penalties that the retailers can suffer because they’re pretty extreme.

01:48:56:19 – 01:49:27:20
Unknown
So for a first violation, they can be fined $500 per unapproved product. That’s a lot if you think about all the ones they have in there, that could add up very, very quickly. And that’s a first violation for a second violation within 12 months, they can be fined 750 to $1000 per unapproved product per day, plus a 14 day suspension of the retailers tobacco sales license for a third violation within 12 months.

01:49:27:20 – 01:50:00:00
Unknown
It’s a 1000 to $1500 fine per unapproved product per day, and a revocation of the retailer’s tobacco sales license, effectively shutting them down permanently. So those are pretty, pretty severe penalties, guys. I hope this was a useful bonus episode for those out there that are involved with this. And hopefully for those of you that do vape, maybe put your mind at ease that you know it’s not you that they’re looking at, but it’s the retailers and you’re probably going to see changes in the in the shops that you’re frequenting.

01:50:00:03 – 01:50:03:00
Unknown
So thanks for watching our bonus episode, guys. Y’all take care.

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