Iowa Legislature Passes PMTA Registry Bill

Both houses of the Iowa General Assembly have now passed HF 2677, a PMTA registry bill that will ban the sale of most vaping products in the state. The House overwhelmingly approved the bill on April 3, and the Senate passed it April 19 by a vote of 42-4. 

The bill will now go to Governor Kim Reynolds to be signed or vetoed. The Consumer Advocates for Smoke-free Alternatives Association (CASAA) has updated its call to action for HF 2677 to urge Gov. Reynolds to veto the bill.

Like other PMTA registry bills, the Iowa legislation was designed by and primarily benefits Altria Group and R.J. Reynolds—Big Tobacco companies that blame declining cigarette sales volume on disposable vapes sold without FDA authorization. The seven vape devices that have so far received FDA authorization are all made by companies owned by Altria (NJOY), Reynolds (Vuse), or Japan Tobacco (Logic).

If Reynolds signs the bill into law, it will:

• Create a directory (registry) of products by Oct. 1, 2024, that can be sold legally in Iowa. All manufacturers must certify under penalty of perjury that products they submit to the registry meet the state’s requirements
• Ban the sale of all vaping products except those that were on the market by Aug. 8, 2016, subject of a premarket tobacco application (PMTA) submitted to the FDA by Sept. 9, 2020, and either received FDA marketing authorization or are still under review by the agency
• Require a $100 annual fee for each product listed
• Create a system of fines for retail and wholesale violators

The Iowa bill would ban the sale of all e-liquid and disposable vapes that contain synthetic nicotine, and the vast majority of other vaping products not given FDA marketing approval. Unlike many similar bills, the Iowa law would not exempt products with marketing denial orders (MDOs) being appealed in federal court.

PMTA registry (or directory) laws are already in place in Alabama, Louisiana and Oklahoma. Wisconsin’s registry law passed in December, and will become effective July 1, 2025. Virginia Gov. Glenn Youngkin has approved a registry law, but added an amendment to postpone enforcement for a year. Both houses of the legislature adopted the governor’s recommendation on April 17, setting the effective date of the law to July 1, 2025.

Utah Gov. Spencer Cox recently signed a PMTA registry law, as did Kentucky Gov. Andy Beshear. Those laws will both take effect Jan. 1, 2025. The Kentucky law, however, faces a lawsuit from vaping and hemp businesses.

Legislators in about 20 other states are currently considering PMTA registry bills.