Pennsylvania Vape Directory Law Survives Court Challenge From Nova Distro and Others Amid Similar Rulings Across States
A Pennsylvania federal court upheld the state's vape directory law against a preemption challenge by Nova Distro and other businesses.Summary
A U.S. federal district court in Pennsylvania ruled on October 14, 2026, that Act 57, the state's electronic nicotine delivery system (ENDS) directory law, is not preempted by federal tobacco regulations, rejecting a challenge from vape manufacturers, distributors and retailers including Nova Distro Inc. and 101 Distributors LLC, as well as Tobacco Hut-related businesses. The court found that the law regulates sales and distribution—an area preserved for states under the federal Tobacco Control Act—and denied the plaintiffs' motions. Pennsylvania began enforcing restrictions on unlisted vaping products on October 19, with 163 product records from seven manufacturers listed in the state directory as of October 18. The ruling aligns with recent federal appellate decisions in the Fourth, Seventh and Eighth Circuits supporting state authority over vape directory laws. A September 2026 study in JAMA Network Open found that unlisted products still accounted for 92.1%, 53.6% and 52.3% of tracked e-cigarette nicotine sales in Alabama, Oklahoma and Louisiana, respectively, in April 2025, highlighting enforcement and compliance challenges even as legal challenges to such laws continue.
(Source：2Firsts)
