Vapor Products Directory

Relevant Statutes: Iowa Code section 453A.1

“Vapor product” means:

• any noncombustible product, 
• which may or may not contain nicotine, 
• that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, 
• that can be used to produce vapor from a solution or other substance. 

“Vapor product” includes:

• Electronic cigarettes,
• Electronic cigars,
• Electronic cigarillos,
• Electronic pipes,
• Any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. 

Vapor products include vape juice and vape pens, whether sold separately or together. Vape juice may or may not contain nicotine. After the directory is published, these vapor products must be included in the vapor products directory to be sold or offered for sale in Iowa. 

“Vapor product” does not include, when sold separately: 

• Products regulated as a drug or device by the United States FDA under chapter V of the Federal Food, Drug, and Cosmetic Act
• Empty tanks
• Batteries
• Coils
• Cases

These parts, accessories, and other items may be sold and offered for sale in Iowa without being included in the vapor products directory as long as they are sold separately from any vapor product. If a part, accessory, or other item is sold or offered for sale with a vapor product for one nonitemized price, the vapor product must be included in the directory.

Relevant Statutes: Iowa Code section 453A.52

A vapor product may be included in Iowa’s vapor products directory if it meets either of the following criteria:

1. The manufacturer of the vapor product has received a marketing authorization or similar order for the vapor product from the FDA pursuant to 21 U.S.C. § 387j; or
2. The vapor product was marketed in the United States as of August 8, 2016; the manufacturer submitted a premarket tobacco product application for the vapor product to the FDA pursuant to 21 U.S.C. § 387j on or before September 9, 2020; and the application either remains under review by the FDA or a final decision on the application has not otherwise taken effect.

The manufacturer is responsible for adding its vapor products to the directory. The manufacturer must submit a certification for each vapor product it seeks to include in the directory. For the initial certification, the manufacturer must submit documentation the vapor product meets one of the two criteria described above as follows:

• For products that have received a marketing authorization or similar order from the FDA, documentation includes a copy of that order.
• For other products, documentation includes records from the FDA acknowledging receipt of the premarket tobacco product application and indicating that the FDA has not made a final decision or that a final decision has not taken effect.

A vapor product is not included in the directory until the Department approves the certification and publishes an updated directory. Certifications must be submitted electronically using GovConnectIowa. Certifications expire annually on July 31. Manufacturers must recertify their vapor products annually before August 1 to ensure their products are continuously included in the directory. The annual certification fee is $100 per vapor product. 

While a certification is pending or when a vapor product is certified, the manufacturer must notify the Department within 30 business days of any material change to the certification form. Reasons for providing notice include the issuance or denial of a marketing authorization or other order by the FDA or any other order or action by the FDA that affects the authorization of the vapor product to be introduced or delivered into interstate commerce for commercial distribution in the United States.

Relevant Statutes: Iowa Code sections 453A.52A, 453A.52B, & 453A.52C

Beginning when the directory is first published, retailers, delivery sellers, distributors, and subjobbers cannot sell or offer for sale in Iowa any vapor product not included in the directory. Manufacturers also cannot sell or offer to sell in Iowa, whether directly or through other businesses—including distributors, subjobbers, delivery sellers, and retailers—any vapor product that is not included in the directory. 

Selling or offering to sell vapor products in Iowa that are not included in the vapor products directory may result in civil and criminal penalties. Civil penalties may include fines and suspension or revocation of business permits. In addition, the State may recover the costs of investigation and prosecution, expert witness fees, court costs, and reasonable attorney fees. The Department will begin enforcing these penalties twenty-one business days after publishing the first directory. Selling or offering for sale any vapor product not included in the directory remains prohibited during this time. The Department will continue to enforce all other laws under its authority, including Iowa Code chapters 421B, 453A, 453C, 453D, and 453E.

After the directory is published, members of the public and law enforcement may submit a complaint about a business selling or offering to sell unapproved vapor products on GovConnectIowa. To submit a complaint, click “Submit a Complaint about a Business,” then click “Report Tobacco Complaint.” The Department will work with local governments and law enforcement to aid in compliance checks of retailers.

Local jurisdictions are also empowered to conduct enforcement activities under Iowa Code chapter 453A, including enforcement activities related to the vapor products directory. Local jurisdictions’ enforcement priorities may differ from the Department’s priorities.

To be included in Iowa’s vapor products directory, the manufacturer must submit a certification to the Department, documentation the vapor product meets one of the two criteria described above, and a fee of $100 per vapor product. Once certified, the vapor product must be recertified with an additional $100 fee each August 1. Certification is electronic via GovConnectIowa. 

Following dissolution of the injunction, the Department reopened its web portal, letting manufacturers resume submitting Vapor Product Certification applications via GovConnectIowa to include their vapor products in Iowa's vapor products directory. Vapor Product Certification applications received and paid on or before May 2, 2025, for the Certification Period ending July 31, 2025, will be considered valid applications for the Certification Period ending July 31, 2027. For those applications, unless the Product Certification was denied, the manufacturer does not need to reapply or make a fee payment for the current period; the Department will review and process the applications for the current Certification Period. However, if any material change to the information on those applications has occurred since the initial submission, the manufacturer must notify the Department as soon as possible. Material changes include, but are not limited to, the issuance or denial of a marketing authorization or other order by the FDA. 

If a Certification application was submitted after May 2, 2025, or if a vapor product has not yet been submitted for Certification, the manufacturer must submit a new Annual Vapor Product Certification. 

Please direct any questions concerning the Vapor Products Directory to [email protected], or send a message on GovConnectIowa.

After the directory is published, only those vapor products included in Iowa’s directory may be sold or offered for sale in Iowa. 

After the directory is published, local governments and law enforcement may submit a complaint about a business selling or offering to sell unapproved vapor products on GovConnectIowa. To submit a complaint, click “Submit a Complaint about a Business,” then click “Report Tobacco Complaint.” The Department will work with local governments and law enforcement to aid in compliance checks of retailers.

After the directory is published, retailers, delivery sellers, distributors, and subjobbers are not allowed to sell or offer for sale in Iowa any vapor product not included in the directory. Members of the public may submit a complaint about a business selling or offering to sell unapproved vapor products on GovConnectIowa. 

To submit a complaint, navigate to the Additional Services panel on GovConnectIowa and select Submit a Complaint about a Business. Select the link titled Report Tobacco Complaint.