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Arkansas Registry Law Includes U.S. Personal Possession Ban

Arkansas Registry Law Includes U.S. Personal Possession Ban

Arkansas became the 12th U.S. state to pass a PMTA registry law when Governor Sarah Huckabee Sanders signed Senate Bill 252 into law on Monday.

The law is believed to be just the second in the United States to ban personal possession of some vaping products by individuals.

Like other PMTA registry laws, Arkansas’ was originally created and promoted in the state legislature by tobacco industry lobbyists working for either Altria or R.J. Reynolds. Vape industry groups managed to mitigate some of the damage, allowing some open-system products to remain exempt from restrictions.

The Arkansas directory requirements are unclear regarding e-liquids

Arkansas Act 590 establishes a list of vaping products that can be legally sold in the state. Manufacturers must apply to have products included on the list, pay a fee for each product or family of products, and certify under penalty of perjury that each product submitted meets the requirements for inclusion.

Requirements for listing in the Arkansas directory are:

Must have been on the U.S. market as of Aug. 8, 2016

Manufacturer must have filed a premarket tobacco application (PMTA) with the FDA by Sept. 8, 2020

Product must have either received FDA marketing authorization; or still be under review by the FDA; or have received a marketing denial order (MDO), but the MDO has been stayed by a federal court order or by the FDA

Since no modern disposable vape was on the market in 2016, the law effectively bans all of the hated (and very popular) "illegal Chinese disposable vapes.” It also bans most products made with synthetic nicotine, since very few had PMTAs submitted by 2020.

One section of the law appears to exempt bottled e-liquids from the PMTA requirements, and state industry advocates certainly believe they are exempted. But whether that was the legislature’s intention, it appears to be contradicted by other elements of the law. Ideally, the Director of Arkansas Tobacco Control, which enforces the law, will issue guidance on the question of bottled e-liquids.

The Arkansas law definitely exempts open-system devices with replaceable batteries that are sold without e-liquid. So manufacturers of traditional vape mods and other devices with removable batteries are not required to register them—but devices with built-in batteries (like refillable pod systems) fall under the PMTA requirements.

Products must be submitted for inclusion in the directory by Sept. 1, 2025, and sales of non-listed products are not allowed after that date. Enforcement will begin after the directory is published on or after Nov. 1 by the Director of Arkansas Tobacco Control.

Retailers, wholesalers and manufacturers can face legal penalties for violating any part of the act, including fines and seizure of products. Arkansas Tobacco Control is empowered to inspect facilities, investigate, and charge violators.

The law also imposes packaging requirements that supposedly outlaw products with “child-appealing” characteristics. For example, labels and advertising materials cannot contain images or words that replicate those of “breakfast cereals, cookies, juice drinks, soft drinks, frozen drinks, ice creams, sorbets, sherbets, and frozen pops.” They can’t depict “characters or symbols that are known to a reasonable person to appeal primarily to or are commonly associated with children or minors, including without limitation superheroes, cartoons or cartoon characters, anime characters, comic book characters, video game characters, television show characters, movie characters, mythical creatures, or unicorns.” And, of course, any reference to “candy, cakes, pastries, or pies” is prohibited.

Arkansas’ registry law bans personal possession

Act 590 also prohibits personal possession and importation of products that don’t meet state standards if the person in possession knows they are illegal.

The Arkansas registry law is believed to be just the second vaping law that bans personal possession in the United States. The 2023 Louisiana PMTA registry law also prohibits the possession of products not on that state’s registry.

Vaping product possession bans are almost unheard of in liberal western democracies, which makes the Arkansas law noteworthy. Some countries that prohibit personal possession of vaping products include North Korea, Qatar, Singapore and Venezuela.

As in Louisiana, there is no mechanism created to enforce the ban on individual possession, but the law provides for fines and seizure of products if confiscated. Local police do not have the power to initiate investigations, but that doesn’t mean they won’t overstep their authority and arrest someone carrying a flashy disposable.

Legitimate enforcement actions might be triggered, however, if the Director of Arkansas Tobacco Control were to conduct an investigation of illegal online sales.

More PMTA registries are on the horizon

So far this year, about 20 states have introduced PMTA registry bills. The first to pass in 2025 was Mississippi’s law, which was signed by the governor in March.

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 and Arkansas, 10 other states have passed registry laws. Alabama, Florida, Kentucky, Louisiana, Oklahoma and Utah have laws in place. North Carolina’s law takes effect May 1, and the Virginia and Wisconsin registry laws become operational July 1. In Iowa, the law is on hold during a court challenge.

This article originally claimed that the Arkansas registry law was the first U.S. law to prohibit personal possession of some vaping products. That is incorrect. Ian Frichter noted on X (Twitter) that the 2023 Louisiana registry law has almost identical language.

This article has been updated to reflect that information. Our apologies.