North Carolina Implements Vape Product Catalog Law Requiring State Approval for Retail Sales
Beginning July 1, 2025, North Carolina officially implemented House Bill 900, introducing stricter requirements for vape products and related consumer products sold within the state.
Under the new regulation, all vapor products and consumable products must be included in a public catalog maintained by the North Carolina Department of Revenue (NCDOR) before they can be legally sold at retail. Products not listed in the state catalog are prohibited from sale, distribution, or wholesale transactions.
Manufacturers, distributors, wholesalers, and retailers that violate the new requirements may face significant penalties, including fines, license suspension or revocation, and destruction of non-compliant products.
Key Highlights
- North Carolina’s House Bill 900 took effect on July 1, 2025.
- Vape products must be listed in a state-maintained public catalog before retail sale.
- The catalog includes approved manufacturers and eligible products.
- Retailers received a 60-day transition period to sell or return unlisted products.
- Manufacturers may face a $10,000 civil penalty for each non-compliant product.
- Illegal products may be seized and destroyed.
- Repeat violations may result in retailer license suspension or revocation.
North Carolina Establishes Public Vape Product Catalog System
The central feature of House Bill 900 is the creation of a public catalog of approved vapor products.
Under § 143B-245.12, the North Carolina Department of Revenue is responsible for developing and maintaining the catalog, which identifies:
- Approved vape manufacturers;
- Certified vapor products;
- Consumable products permitted for sale in the state.
Only products appearing on the official catalog are eligible for legal retail distribution in North Carolina.
The state published the first version of the catalog on May 1, 2025, giving businesses time to review their inventory and comply with the new requirements.
Manufacturers Must Meet Federal Authorization Requirements
Under § 143B-245.11, manufacturers seeking inclusion in the North Carolina catalog must certify that their products meet one of the required federal regulatory conditions.
Eligible products must meet at least one of the following criteria:
- The product has received a Marketing Grant Order (MGO) from the U.S. Food and Drug Administration (FDA) under federal law 21 U.S.C. § 387j(c);
- The manufacturer submitted a timely Premarket Tobacco Product Application (PMTA) that remains under FDA review;
- The product received a marketing denial order that has been stayed by a court or the FDA.
This requirement links North Carolina’s state-level sales authorization system with the FDA’s federal tobacco product review process.
Retailers Given 60-Day Compliance Period
After the state catalog was published on May 1, 2025, retailers received a 60-day transition period.
During this period, businesses were allowed to:
- Sell remaining inventory that was not included in the catalog;
- Return unlisted products to suppliers or manufacturers.
The compliance period officially ended on June 30, 2025.
Starting July 1, any unlisted vape product found in retail channels became subject to enforcement action.
Penalties for Selling Unlisted Vape Products
House Bill 900 establishes different penalties depending on the type and frequency of violations.
Retailers, Distributors, and Wholesalers
For businesses selling or distributing products not included in the state catalog:
- First violation: Warning issued;
- Second violation within 12 months: Fine of $500–$750 and possible 30-day license suspension;
- Third and subsequent violations: Fine of $1,000–$1,500 and license revocation.
These penalties apply to retailers, distributors, and wholesalers involved in unauthorized product sales.
Non-Compliant Products May Be Seized and Destroyed
The law also allows authorities to remove illegal products from the market.
Any vape or consumable product that does not comply with catalog requirements may be:
- Seized;
- Confiscated;
- Destroyed.
The measure gives state regulators stronger enforcement tools to prevent unauthorized products from remaining in retail channels.
Manufacturers Face $10,000 Penalty Per Unlisted Product
House Bill 900 places additional responsibilities on manufacturers.
Manufacturers that cause unlisted products to be sold in North Carolina may face a civil penalty of $10,000 for each violating product.
The penalty structure creates significant compliance pressure for companies supplying vape products to the North Carolina market, requiring manufacturers to ensure that every product distributed in the state meets catalog requirements.
North Carolina Strengthens Vape Market Oversight
The implementation of House Bill 900 represents a major expansion of North Carolina’s oversight of the vape market.
Unlike regulations focused only on retailers, the new system creates a product-level tracking mechanism covering:
- Manufacturers;
- Importers;
- Distributors;
- Wholesalers;
- Retail sellers.
For vape companies operating in the United States, North Carolina’s catalog system highlights the increasing importance of FDA authorization status, state registration requirements, and supply-chain compliance. As more states consider similar product-listing systems, manufacturers may face growing pressure to verify regulatory eligibility before entering local markets.
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