Are Nicotine Pouches Legal in Pennsylvania? (2026)

Instrument

Sale of tobacco products to minors (under 21); tobacco product definition

Source

https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=18&div=0&chapter=63&section=5&subsctn=0

Retrieved

2026-11-06

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18 Pa.C.S. 6305(a)
(a) Offense defined.--Except as set forth in subsection
(f), a person is guilty of a summary offense if the person:
       (1) sells a tobacco product to any minor;
       (2) furnishes, by purchase, gift or other means, a
   tobacco product to a minor;
       (3) (Deleted by amendment).
       (4) locates or places a vending machine containing a
   tobacco product in a location accessible to minors;
       (5) displays or offers a cigarette for sale out of a
   pack of cigarettes; or
       (6) displays or offers for sale tobacco products in any
   manner which enables an individual other than the retailer
   or an employee of the retailer to physically handle tobacco
   products prior to purchase unless the tobacco products are
   located within the line of sight or under the control of a
   cashier or other employee during business hours, except that
   this paragraph shall not apply to retail stores which derive
   75% or more of sales revenues from tobacco products.

Definitions
“Minor.” As follows:
       (1) Except as provided under paragraph (2), an
   individual under 21 years of age.
       (2) A member of the active or reserve components of any
   branch or unit of the armed forces of the United States under
   18 years of age or a veteran who received an honorable
   discharge from any branch or unit of the active or reserve
   components of the armed forces of the United States under
   18 years of age.
"Tobacco product." As follows:
      (1)   The term includes:
           (i) Any product containing, made or derived from
       tobacco or nicotine that is intended for human
       consumption, whether smoked, heated, chewed, absorbed,
       dissolved, inhaled, snorted, sniffed or ingested by any
       other means, including, but not limited to, a cigarette,
       a cigar, a little cigar, chewing tobacco, pipe tobacco,
       snuff and snus.
           (ii) Any electronic device that delivers nicotine
       or another substance to a person inhaling from the
       device, including, but not limited to, electronic
       nicotine delivery systems, an electronic cigarette, a
       cigar, a pipe and a hookah.
           (iii) Any product containing, made or derived from
       either:
               (A) Tobacco, whether in its natural or synthetic
           form; or
               (B) Nicotine, whether in its natural or
           synthetic form, which is regulated by the United
           States Food and Drug Administration as a deemed
           tobacco product.
           (iv) Any component, part or accessory of the product
       or electronic device under subparagraphs (i), (ii) and
       (iii), whether or not sold separately.
       (2) The term does not include:
           (i) A product that has been approved by the United
       States Food and Drug Administration for sale as a tobacco
       cessation product or for other therapeutic purposes where
       the product is marketed and sold solely for such approved
       purpose, so long as the product is not inhaled.
           (ii) A device under paragraph (1)(ii) or (iii) if
       sold by a dispensary licensed under the act of April 17,
       2016 (P.L.84, No.16), known as the Medical Marijuana
       Act.

Instrument

Electronic nicotine delivery system directory: bar on retail sale of unlisted electronic cigarettes that contain nicotine

Source

https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=PDF&SessYr=2025&ActNum=57&SessInd=0

Retrieved

2026-11-06

Fingerprint

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Section 202-I (definition)
“Electronic cigarette that contains nicotine.” An electronic
cigarette labeled, advertised or marketed as containing nicotine
or an electronic cigarette determined by the department or the
Attorney General to contain nicotine. The term includes an
electronic cigarette that bears the same brand name as an
electronic cigarette determined to contain nicotine by the
department or Attorney General.

Section 206-I(n)
(n) Prohibition.--Except as provided in paragraphs (1) and
(2), within 120 days of the effective date of this subsection
or on the date that the Attorney General first makes the
directory available for public inspection on its official
website, whichever is later, electronic cigarettes that contain
nicotine not included in the directory under subsection (g) may
not be sold for retail sale in this Commonwealth either directly
or through an importer, wholesaler, retailer or similar
intermediary or intermediaries. The following shall apply:
       (1) Each retailer shall have 120 days from the date
   that the Attorney General first makes the directory available
   for inspection on its publicly accessible Internet website
   to sell products that were in its inventory and not included
   in the directory or to remove those products from its
   inventory.
       (2) Each wholesaler shall have 120 days from the date
   that the Attorney General first makes the directory available
   for inspection on its publicly accessible Internet website
   to remove the products intended for retail sale in this
   Commonwealth from its inventory.
       (3) After 120 days following publication of the
   directory, electronic cigarettes that contain nicotine not
   listed in the directory and intended for retail sale in the
   Commonwealth are contraband and are subject to seizure,
   forfeiture and destruction, and may not be purchased or sold
   for retail sale in this Commonwealth. The cost of destruction
   shall be borne by the person from whom the products are
   confiscated, except that no products may be seized from a
   consumer who has made a bona fide purchase of such product.
   The department and the Attorney General may store and dispose
   of the seized products as appropriate, in accordance with
   Federal, State and local laws pertaining to storage and
   disposal of the products.