All Roll Calls
Yes: 564 • No: 34
Sponsored By: Jeanne McNeill (Democratic)
Signed by Governor
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16 provisions identified: 3 benefits, 9 costs, 4 mixed.
Retailers, wholesalers, and importers face a $500 penalty per unlisted nicotine e-cigarette product until it is removed or properly listed. A second violation within 12 months costs $750–$1,000 per product per day, plus at least a 14-day license suspension. A third violation within 12 months costs $1,000–$1,500 per product per day and brings license revocation. Manufacturers face $1,000 per unlisted product until it is removed or properly listed. False statements required for certification are third-degree misdemeanors.
The Attorney General must publish a public directory within 120 days after the subsection takes effect. It lists certified manufacturers, brands, product types, names, and flavors, with updates at least monthly and notices to licensed sellers. Certain submitted business and financial details remain confidential, and manufacturers may redact protected information. State agencies may disclose those details only as law allows or requires. Protection excludes information made public by the FDA or manufacturer, and third-party disclosures the manufacturer has not taken legal action to stop.
Certification fees, penalties, and recovered testing, investigation, destruction, and attorney costs go to the Tobacco Products Administration Cash Fund. Surety-bond recoveries also go to this fund through the State Treasurer. The money pays for administering and enforcing the tobacco product rules. The law sets no fixed total funding amount.
The law removes listed tobacco-retailer license requirements covering premises, disclosures, compliance, state taxes, and surety bonds. Retailers still face the law's general licensing and purchasing rules. The law also repeals section 1202-A(b) of the Tax Reform Code. The supplied text does not explain that subsection's former requirements, so its separate effect is unclear.
Nicotine e-cigarette makers must certify products sold in Pennsylvania within 60 days after the subsection takes effect, then annually. Products need FDA marketing authorization or a qualifying application accepted for filing and still under review. The application route covers products marketed as of August 8, 2016, with applications submitted by September 9, 2020. It also allows qualifying stayed, rescinded, or court-vacated denials, plus covered products changed only in name, brand style, or packaging. Makers must submit supporting documents, report material changes within 30 days, and prove compliance within 30 days after changed federal requirements become mandatory; failure to provide that proof can lead to removal from the state directory.
Manufacturers initially pay $2,000 per brand family plus $200 per brand style for certification. Annual fees afterward are $1,000 per family plus $100 per style. At certification, they must also post a bond of at least $50,000 from an approved Pennsylvania surety company. The Attorney General can require a larger bond and records supporting its amount; requested records are due within 30 days. The bond can cover destruction costs, penalties, costs, and fees; missing records or material misstatements can lead to certification denial or directory removal.
Foreign nicotine e-cigarette manufacturers must identify U.S. importers and brand families sold in Pennsylvania with their certification materials. Each importer must sign a declaration accepting Pennsylvania jurisdiction, naming an in-state legal agent, and confirming a federal permit. Importers must also agree to provide required information and accept shared liability for specified penalties and costs. Each importer can be held responsible for the full covered civil penalties, fees, costs, and attorney fees alongside the foreign manufacturer.
Manufacturers based outside Pennsylvania must continuously maintain an in-state agent to receive legal papers to qualify for the directory. They must give Revenue officials and the Attorney General the agent's contact information and proof of appointment. Before ending an appointment, manufacturers must give 30 calendar days' notice and prove replacement at least five calendar days before it ends. If the agent ends the appointment, manufacturers must notify the agencies within five calendar days and provide replacement proof. Without the required agent, the Secretary of State is deemed the manufacturer's agent, but that does not satisfy directory requirements.
The Attorney General must publicly list people with at least three violations in the preceding 12 months. Listings last through the end of the 12th full calendar month after the latest violation. Selling covered nicotine e-cigarettes to a listed importer or dealer carries a $500 penalty per product. Buying them from a listed person for Pennsylvania retail sale also carries $500 per product. The same product is not penalized twice under both transaction rules, and genuine consumer purchases are exempt.
Pennsylvania’s cigarette pricing rules presume retailers’ business costs equal 7% of their basic cigarette cost. That rate rises to 8.5% starting 60 days after the section takes effect or March 1, 2026, whichever is later. It rises to 9.5% one year after the 8.5% rate begins. Retailers can prove a different cost. A proven lower cost applies for up to 12 months before the presumed rate returns, unless the retailer proves it again.
Tobacco sellers, transferors, and delivery businesses need proper state licenses unless all their sales are tobacco-tax exempt. Dealer and manufacturer licenses last one year; applicants must provide accurate information, and the state can reject fronts for previously disqualified businesses. Licensed retailers must buy tobacco products, including nicotine e-cigarettes for resale, from licensed wholesalers. Manufacturers need separate licenses for each location and must meet rules on premises, finances, experience, criminal history, truthful disclosures, and compliance. They must file and pay state taxes, except taxes covered by a properly filed appeal or approved payment plan.
Tobacco wholesaler license applicants must post a bond of at least $25,000 from an approved Pennsylvania surety company. Revenue officials can require a larger bond to cover risks such as unpaid contraband-destruction costs. The bond can cover destruction costs, penalties, costs, and fees. Missing requested records within 30 days of written notice or misrepresenting information can lead to license denial, suspension, or revocation. If a surety requests release in writing, the wholesaler has 60 days to provide an adequate replacement bond or lose its license.
Before certification denial or directory removal, manufacturers get notice and 30 business days to fix problems or show eligibility. Manufacturers can seek Commonwealth Court review within 21 days of the Attorney General's determination. After removal, sellers and importers have 30 business days to sell remaining stock or return it for refunds. Manufacturers must accept returns, refund purchasers, and dispose of products lawfully; wholesalers and distributors also have an initial 120-day removal window after directory publication. Products remaining after applicable windows become contraband subject to seizure and destruction, but genuine consumer purchases cannot be seized. The person holding confiscated products pays destruction costs, which can be collected as tax liability when a bond is unavailable or insufficient.
Revenue officials and the Attorney General can inspect nicotine e-cigarette stock, invoices, and business records at covered Pennsylvania premises. People controlling those premises must allow authorized inspections, and sellers can receive unannounced compliance checks. Willful refusal can bring criminal penalties, fines, and costs under the tax code. Agencies can demand compliance materials, including package samples, product numbers, sales records, federal applications, and sworn proof that documents are genuine. Check results are available on request, and the Attorney General must publish results at least annually.
Retailers and supply-chain businesses offering unlisted nicotine e-cigarettes face $500 per product; first-offense penalties can be negotiated when corrected within 30 business days after notice. A second violation within 12 months brings $750–$1,000 per day per product and at least a 14-day license suspension. A third within 12 months brings $1,000–$1,500 per day per product and license revocation. Manufacturers face $1,000 per unlisted product, and each false required statement is a third-degree misdemeanor. Falsely treating stock as out-of-state inventory and selling it to a Pennsylvania retailer brings $500 per product; violations also count as unfair or deceptive practices, with enforcement costs and attorney fees recoverable and specified duplicate penalties barred.
Pennsylvania limits retail sales of nicotine e-cigarettes to products in the Attorney General’s public directory. The ban starts 120 days after the subsection takes effect or when the directory first becomes public, whichever is later. Retailers have 120 days after publication to sell or remove existing unlisted stock; wholesalers and distributors must remove covered stock. After that window, unlisted stock intended for Pennsylvania retail sale is subject to seizure, forfeiture, and destruction. Genuine consumer purchases are protected from seizure. Wholesalers and distributors must separate stock held only for out-of-state sales and block Pennsylvania orders for it. Retailers must buy nicotine e-cigarettes for resale from wholesalers with valid state licenses. The Attorney General can deny certification or listing for sales before certification and listing, false information, or missing requested information or federal reports. Certain final exclusions from similar state directories and failure to meet federal nicotine packaging standards are also grounds for denial.
Jeanne McNeill
Democratic • House
Amen Brown
Democratic • House
Arvind Venkat
Democratic • House
Benjamin V. Sanchez
Democratic • House
Carol Hill-Evans
Democratic • House
Chad G. Reichard
Republican • House
Craig Williams
Republican • House
Eddie Day Pashinski
Democratic • House
Gina H. Curry
Democratic • House
Jim Haddock
Democratic • House
Jim Rigby
Republican • House
Joe Ciresi
Democratic • House
Joe Kerwin
Republican • House
Joe Webster
Democratic • House
Jose Giral
Democratic • House
Joshua D. Kail
Republican • House
Kate A. Klunk
Republican • House
Keith S. Harris
Democratic • House
Kristin Marcell
Republican • House
Kyle J. Mullins
Democratic • House
Mandy Steele
Democratic • House
Mark M. Gillen
Republican • House
Melissa L. Shusterman
Democratic • House
Michael H. Schlossberg
Democratic • House
Nikki Rivera
Democratic • House
Peter Schweyer
Democratic • House
R. Lee James
Republican • House
Robert Freeman
Democratic • House
Steve Samuelson
Democratic • House
Tarik Khan
Democratic • House
Tim Briggs
Democratic • House
Tim Twardzik
Republican • House
Torren Ecker
Affiliation unavailable
All Roll Calls
Yes: 564 • No: 34
Senate vote • 12/9/2025
House Bill 1425 PN2675, Final Passage
Yes: 42 • No: 4
committee vote • 12/8/2025
17 0
Yes: 17 • No: 0
committee vote • 12/8/2025
17 0
Yes: 17 • No: 0
committee vote • 12/8/2025
20 1
Yes: 20 • No: 1
committee vote • 10/28/2025
14 0
Yes: 14 • No: 0
committee vote • 10/28/2025
14 0
Yes: 14 • No: 0
House vote • 6/23/2025
House Bill 1425 PN1950, FINAL PASSAGE
Yes: 180 • No: 23
committee vote • 6/23/2025
36 1
Yes: 36 • No: 1
House vote • 6/17/2025
House Bill 1425 PN1660 A01148
Yes: 199 • No: 4
committee vote • 5/14/2025
25 1
Yes: 25 • No: 1
Act No. 57 of 2025
Approved by the Governor
Presented to the Governor
Signed in Senate
Signed in House
House concurred in Senate amendments (147-56)
Re-reported on concurrence, as committed
Referred to Rules
Third consideration and final passage (42-4)
Re-reported as amended
Re-referred to Rules & Executive Nominations
Re-reported as committed
Re-referred to Appropriations
Second consideration
First consideration
Reported as amended
Referred to Judiciary
Third consideration and final passage (180-23)
Re-reported as committed
Re-committed to Appropriations
Second consideration, with amendments
Removed from table
Laid on the table
First consideration
Reported as committed
PN 2675
12/8/2025
PN 2531
10/28/2025
PN 1950
6/17/2025
PN 1660
5/7/2025
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