Legislation to ban all vape products except those on a state-sanctioned list is awaiting the signature of Gov. Josh Shapiro.

Proponents say House Bill 1425 is needed to ensure that products are safe and to crack down on the sale of products aimed at juveniles.

“This legislation gives Pennsylvania the tools it needs to protect kids, support law-abiding retailers, and crack down on illegal vapor products that have flooded the market,” said Rep. Jeanne McNeill, D-

Lehigh, the prime sponsor of HB 1425.

Similar registries have been established in 14 other states.

Industry officials say that there are more effective ways to combat youth vaping and note that youth vaping has been trending downward anyway.

According to the National Youth Tobacco Survey, less than 6% of middle and high school students reported using e-cigarettes. That was down from almost 8% in 2023 and down from the 2019 peak when more than 27% of students said they vaped.

Tony Abboud, executive director of the Vapor Technology Association, told Capitolwire/State Affairs that youth vaping rates are an “overused criticism” because it fails to acknowledge that the number of young people who vape has been decreasing.

Abboud said the registry will make it impossible for independent small shops to operate since all of the approved vape products are sold through convenience store and gas station chains. He described the registry as a way for the big companies to protect their market shares.

However health advocates note that there are worrying elements to the data.

While fewer students are vaping, those who use e-cigarettes report that they vape regularly and that many of them have tried and failed to quit. Over 40% of high school e-cigarette users vaped at least 20 days a month, and nearly 30% said they vape daily.

Studies have also suggested that vaping is often the way young people are introduced to tobacco products.

While the number of students who vape has fallen since 2019, the percentage of young adults who vape has been increasing. In 2019, 8% of those 18-20 and 10% of those 21-24 reported vaping, according to the U.S. Centers for Disease Control and Prevention. By 2023, 10% of those 18-20 and 15.5% of those 21-24 said they used e-cigarettes.

Attorney General David Sunday said that the state registry is needed to ensure that the products are as safe as possible.

“The reality is that users of these unregulated products have no idea what they are actually consuming. The products often contain no reliable disclosures about contents or potential dangers attached to consumption,” Sunday said in a statement after the House voted to concur to the Senate version of the bill.

The Senate approved an amended version of House Bill 1425 on Dec. 9. The House voted 42-4 on Tuesday to send the legislation to Shapiro.

Under the legislation, vape manufacturers would have 60 days to provide the attorney general with documentation that their products have been approved by the federal government.

The manufacturers would also be required to make an initial payment of $2,000 for each brand family of electronic cigarettes, plus an additional $200 for each brand style sold. In subsequent years, the cost would be $1,000 per brand family and $100 per style.

The attorney general must post a directory listing all legal vape products. After that directory is released, any vape products not on it would be illegal, though state investigators would not begin seizing contraband vape products until 120 days after the directory of legal vape products is released.

Those caught selling illegal vapes would face a civil penalty of $500 for each contraband product.

The law is slated to go into effect in 60 days after Shapiro signs it.