South Carolina General Assembly Passes Vaping Registry Bill S 287
Legislative Progress and Directory Mandate
Senate Bill S 287 was introduced in 2025 and passed the State Senate in March of that year. Following a hiatus when the assembly adjourned in May 2025, the House passed an amended version on January 22, 2026. The Senate concurred with the amendments on February 5, 2026, sending the measure to Governor Henry McMaster for approval or veto.
The bill directs the state Attorney General to establish and maintain a public directory of vape products authorized for legal sale in South Carolina. The law will take effect upon the publication of the directory or on February 1, 2027, whichever date occurs later.
Product Criteria and Certification Process
To be listed on the state directory, a product must meet specific criteria:
Market Entry Date: The product must have been on the market prior to August 8, 2016.
FDA Application Status: The manufacturer must have submitted a Premarket Tobacco Application (PMTA) to the U.S. Food and Drug Administration by September 9, 2020.
Regulatory Standing: The product must have received FDA marketing authorization, remain under active FDA review, or have received a Marketing Denial Order (MDO) that is currently stayed by a federal court or the FDA.
Manufacturers must certify under penalty of perjury that their submissions comply with these rules. The application fee is set at $100 per product, followed by an annual renewal fee of $50 per product. Importers of foreign-manufactured products or components are also subject to reporting requirements.
Marketing Restrictions and Enforcement Penalties
Bill S 287 explicitly restricts certain marketing and packaging strategies:
Prohibited Words: Terms such as candy, gummy bear, lollipop, cake, pie, ice cream, and popsicle are prohibited on product packaging and labeling.
Youth-Oriented Imagery: Visuals, designs, or references involving children's toys, cartoons, superheroes, television shows, video games, or movies commonly used to market to minors are banned across product packaging, labeling, and promotional materials.
Retailers will be granted a 60-day window following the directory's publication to clear unlisted inventory. After this grace period, state and local law enforcement agencies are authorized to seize and destroy non-compliant items at the seller's expense. Fines for retail and wholesale violations start at $500, escalating to $1,500–$3,000 per non-compliant product upon a third violation within a 36-month period.
If signed into law, South Carolina will become the 15th U.S. state to implement a PMTA registry system, following states such as Arkansas, Mississippi, Pennsylvania, and Tennessee.