The Arkansas E - Cigarette Registration Law has officially come into effect. Arkansas becomes the 12th state in the United States to strictly control PMTA (Premarket Tobacco Product Application) compliance and prohibits individuals from possessing and importing non - compliant e - cigarette products. It is the second state after Louisiana to ban individuals from possessing illegal e - cigarettes.
On April 14, the governor of Arkansas signed Senate Bill 252 (SB252), which was codified as Act 590.
This law has established a list of e - cigarette products that can be legally sold in Arkansas. E - cigarette manufacturers must apply to have their products listed in the catalog, pay a fee for each product or product series, and ensure that each submitted product meets the listing requirements. Otherwise, they will face perjury penalties. Similar to other states with e - cigarette registration laws, the requirements for products to be listed in the Arkansas catalog are as follows:
The product must have entered the US market before August 8, 2016. (Note: This clause will exclude most currently sold illegal disposable e - cigarettes.)
The manufacturer must have submitted a Premarket Tobacco Product Application (PMTA) to the FDA before September 8, 2020.
The product must meet any of the following conditions: It has obtained FDA marketing authorization; or is under FDA review; or although it has received an FDA marketing denial order, the ban has been suspended by a federal court or the FDA.
Arkansas law clearly stipulates that open - system devices sold with e - liquid (devices with replaceable batteries) are not allowed. Therefore, manufacturers of traditional e - cigarette retail devices and other devices with perceivable batteries do not need to register, while devices with built - in batteries (such as refillable pod systems) need to meet PMTA requirements.
E - cigarette products must be declared before September 1, 2025, for inclusion in the catalog. Products not included in the catalog will be prohibited from sale after that date. The catalog will be released by the director of the Arkansas Tobacco Control Division on or after November 1 and will then come into effect. Retailers, wholesalers, and manufacturers who violate this law may face legal penalties, including fines and product confiscation. The Arkansas Tobacco Control Division has the right to conduct business - premise inspections, investigate and collect evidence, and prosecute violators.
The law also stipulates packaging requirements, prohibiting products from having "child - attracting" features. For example, labels and promotional materials shall not contain images or text related to "breakfast cereals, cookies, juices, soft drinks, frozen drinks, ice creams, smoothies, popsicles, and ice lollies"; shall not use images or symbols related to "cartoon characters, roles, comic characters, anime game characters, TV drama characters, movie characters, mythical creatures, or unicorns" that are commonly associated with children or are likely to attract children; and any mention of "candy, cakes, pastries, or pies" is also prohibited.
Latest Developments of E - Cigarette Registration Laws in US States
Five states where the e - cigarette registration law has taken effect: Alabama, Florida, Kentucky, Louisiana, and Oklahoma.
Five states where the law will come into effect in 2025: North Carolina (May 1), Virginia (July 1), Wisconsin (July 1), Arkansas (November 1), and Mississippi (December 1).
The legislative processes in Utah and Iowa have been suspended, awaiting the results of litigation.
Currently, more than 20 states in the US are considering relevant legislation. The e - cigarette registration bills in Georgia, South Carolina, Tennessee, and Texas have entered the legislative process.
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