Iowa's New PMTA Registry Law: What Manufacturers and Retailers Need to Know

Iowa’s PMTA (Premarket Tobacco Application) Registry Bill is about to take effect, bringing significant changes that will impact the sale and distribution of vapor products in the state. This new legislation aims to ensure only products authorized or under review by the FDA can be legally sold in Iowa. Here’s a breakdown of what this means for manufacturers and retailers:

Key Dates and Requirements:

November 12, 2024: Certification applications will be available electronically via GovConnectIowa. Manufacturers will need to certify that their products meet the state’s requirements under penalty of perjury.
January 2, 2025: The Department of Revenue will publish the state’s vapor products directory, listing all products legally allowed for sale.
February 3, 2025: Enforcement of the vapor product directory begins, meaning that only certified products listed in the registry can be sold by retailers in Iowa.

What the Law Requires:

The new bill mandates that all manufacturers certify and register their products before they can be sold in Iowa. Products must meet the following criteria to be listed in the directory:

Date of Market Entry: Products must have been on the market by August 8, 2016.
FDA Authorization: The product must have submitted a PMTA by September 9, 2020, and either received FDA authorization or still be under review.
Annual Fee: There’s a $100 fee per product to be listed annually.
Fines: Retailers and wholesalers selling unregistered products will face fines.

Synthetic Nicotine Ban:

This law bans the sale of e-liquids and disposable vapes containing synthetic nicotine and most vaping products that haven’t received FDA approval. Importantly, the law does not exempt products with Marketing Denial Orders (MDOs) under appeal in federal court, making this stricter than similar laws in other states.

The National Trend:

Iowa is not alone—other states like Alabama, Louisiana, Oklahoma, and soon Wisconsin and Virginia, have introduced similar PMTA registry laws. These regulations are shaping the future of the vaping industry, heavily influenced by large tobacco companies like Altria Group and R.J. Reynolds, who benefit from these stricter laws since their FDA-authorized products dominate the market.

Impact on the Vaping Industry:

For smaller manufacturers and retailers, this law poses a substantial challenge. Many disposable vapes and e-liquids still awaiting FDA approval will be banned, reducing consumer choice and shifting the market toward Big Tobacco-owned products like NJOY, Vuse, and Logic.

Additionally, the annual $100 per product fee and compliance costs will place pressure on smaller businesses, making it harder for them to compete. Retailers must stay vigilant to avoid penalties for selling unregistered products.

Conclusion:

Iowa’s PMTA registry law marks a major change in the regulation of vapor products. As of February 2025, only products that meet the state’s requirements can be sold. Staying informed and compliant with these new laws will be essential for manufacturers and retailers in Iowa.

If you’re in the vapor industry, prepare for these changes now to ensure your products remain legally available for sale in Iowa. Compliance is key to keeping your business running smoothly and avoiding costly penalties.