Mississippi has become the 11th U.S. state to pass a tobacco industry-sponsored PMTA registry law, restricting the sale of most disposable vapes, bottled e-liquids and refillable vape devices. It is the first registry bill to pass this year, although about 20 other state legislatures are considering nearly identical bills.
In late January, the Mississippi State House passed HB 916 by a vote of 120-0, and the State Senate passed the bill 48-0 in early March. On March 20, Governor Tate Reeves signed HB 916 into law.
The law will create a massive market advantage for products made by the major tobacco companies that lobby for registry laws: Altria Group (NJOY vapes) and R.J. Reynolds (Vuse). The law, like all registry laws, is intended to create a roadblock for manufacturers of disposable vapes and open-system products like bottled e-liquid and refillable devices.
While the law technically takes effect July 1, 2025, the state registry—a list of vape products legal to sell—will not be in place until Oct. 1, and enforcement provisions will not be operational until about Dec. 1.
How does the Mississippi registry law work?
Like most PMTA registry (or directory) laws, Mississippi’s mandates that vape manufacturers selling products in the state certify under penalty of perjury that the products they wish to sell either
- Have received FDA marketing authorization, or
- Have applied for authorization through the FDA’s premarket tobacco application (PMTA) pathway, and are still being considered by the agency, or have received a marketing denial order (MDO) that has been stayed by a federal court order or by the FDA, or rescinded by the FDA or vacated by a court
The manufacturer must certify annually to the Commissioner of Revenue that each product complies with the rules, and each application must be accompanied by written proof and a $500 per-product application fee. Each variation of a single product (nicotine strength, flavor, coil resistance, etc.) must be applied (and paid) for separately.
Manufacturers must submit certifications and payments by Sept.1, 2025 for each product they want to sell legally in the state beginning Oct. 1, when the registry (called a directory in Mississippi) is published by the Department of Revenue.
There will be a 60-day window beginning when the directory is published during which retailers can sell any remaining non-certified products.
After that 60-day grace period, all products not listed in the state directory are considered illegal contraband, subject to “seizure, forfeiture, and destruction by the department, the Mississippi Attorney General's Office, or any law enforcement agency in the State of Mississippi” at the seller’s expense.
The law specifies fines and other penalties for violators, ranging from $500 per product per day to $1,500 per product per day.
Like other PMTA registry laws, Mississippi’s was created and promoted in the state legislature by tobacco industry lobbyists working for either Altria or R.J. Reynolds.
Other states are likely to pass registry bills soon
So far this year, at least 20 state legislatures are considering PMTA registry bills. In three states—Arkansas, Georgia and South Carolina—registry bills have already passed one house of the legislature and are now making progress in the other.
The Consumer Advocates for Smoke-free Alternatives Association (CASAA) has issued Calls to Action in several states so far this year, providing a simple way for consumers to oppose registry bills in their state. You can find all active CASAA Calls to Action here.
Aside from Mississippi’s new law, 10 states have passed PMTA registry laws in previous years. Theearliest registry law was Oklahoma’s, passed in 2021 (but not implemented until 2023). Last year, the floodgates opened, and tobacco lobbyists found legislative partners tointroduce bills in more than two-dozen states. Six states passed registry laws in 2024.
Five states now have fully operational PMTA registries: Alabama, Florida, Kentucky, Louisiana, and Oklahoma. North Carolina’s law takes effect May 1, and the Virginia and Wisconsin registry laws become operational July 1. Registry laws in Iowa and Utah, scheduled to take effect already this year, have been held up by court challenges.
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