October 1 Begins New Strict Oklahoma Vaping Laws

Vaping product sales in Oklahoma are set to get more complicated. On Oct. 1, the state will publish a list of vaping products allowed for sale within its borders.

Oklahoma’s new rules prohibit sales of products that have not received a marketing granted order (MGO) by the U.S. Food and Drug Administartion or are still under review in the regulatory agency’s premarket tobacco product application (PMTA) process.

Vaping product manufacturers were required to submit documentation by July 1 to the Oklahoma Alcoholic Beverage Laws Enforcement (ABLE) Commission that attested under penalty of perjury that the products listed were available for sale before Aug. 1, 2016 (the effective date of the FDA’s Deeming Rule), and that a PMTA had been submitted for each product on or before the agency’s Sept. 9, 2020 PMTA submission deadline.

The bill creating the Oklahoma law passed the state legislature in 2021, but vaping advocates were able last year to get implementation postponed until 2023. Attempts this year to repeal the law or delay it again until 2024 were unsuccessful.

The law will make vape shop owners criminals if they are found to be selling bottled e-liquid or disposable vaping products not named on Oklahoma’s list. Giving false information about the authorization status of any product submitted to the list is also a crime.

Manufacturers are required to notify the state of Oklahoma within 30 days of a change to the product’s authorization status with the FDA.