South Carolina S 287: Electronic Nicotine Delivery System Regulation

Bill Text

2025-2026 Bill 287 Text of Previous Version (Jan. 21, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 287

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

January 21, 2026

S. 287

Introduced by Senators Alexander, Hutto, Grooms, 
Verdin, Davis, Turner, Gambrell, Hembree, Cromer, Kimbrell, Elliott, Zell, Ott, 
Garrett, Graham and Walker 

S. Printed 1/21/26--H.

Read the first time March 25, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
44-95-65 SO AS TO PROVIDE REGULATIONS FOR THE SALE OF ELECTRONIC NICOTINE 
DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND 
TO PROVIDE A TIMELINE FOR THE REQUIRED DEALER CERTIFICATION, DIRECTORY 
PUBLICATION, AND EFFECTIVE DATE OF CERTAIN PROVISIONS.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 95, Title 44 of the S.C. Code is amended by 
adding:

 Section 
44-95-65. (A) As used in this 
section:

 (1) 
"Advertise" means the publication or dissemination of an advertisement.

 (2) 
"Advertisement" includes any written or verbal statement, illustration, or 
depiction which is calculated to induce sales of ENDS products, including any 
written, printed, graphic, or other material, billboard sign, or other outdoor 
display, public transit card, other periodical literature, publication, 
material in a radio or television broadcast, or material in any other media.

 (3) 
"ENDS product" means an electronic nicotine delivery system intended for 
eventual retail sale in this State that is a non-combustible product that 
employs a heating element, power source, electronic circuit, or other 
electronic, chemical, or mechanical means, regardless of shape or size to 
produce vapor from nicotine in a solution. ENDS product includes a consumable 
nicotine liquid solution suitable for use in an electronic nicotine delivery 
system, whether sold with the ENDS product or separately, but does not include 
any product regulated as a drug or device under Chapter V of the federal Food, 
Drug, and Cosmetic Act.

 (4) 
"FDA" means the United States Food and Drug Administration.

 (5) 
"Marketing" means any act or process of promoting or selling of ENDS products 
including, but not limited to, sponsorship of sporting events and promotion of 
products specifically designed to appeal to certain demographics.

 (6) 
"Minor" means an individual under the age of eighteen years of age.

 (7) 
"Packaging" means any receptacle that uses reasonable, commercially available 
technology that reduces the ability of a minor to access the contents of the 
receptacle, prevents tampering or contamination, and contains an ENDS product.

 (B) 
Every manufacturer of ENDS products that are sold in this State, whether 
directly or through a distributor, retailer, or similar intermediary, shall 
annually execute and deliver under penalty of perjury to the Attorney General 
on a form prescribed by the Attorney General a certification verifying either:

 (1) 
the ENDS product was on the market in the United States as of August 8, 2016, 
and the manufacturer has applied for a marketing order pursuant to 21 U.S.C. 
Section 387j for the ENDS product by submitting a premarket tobacco product 
application on or before September 9, 2020, to the FDA and either the premarket 
tobacco product application for the product remains under review by the FDA or 
the FDA has issued a marketing denial order for the product from the FDA but 
the agency or a federal court has issued a stay order or injunction; or

 (2) 
the manufacturer has received a marketing granted order pursuant to 21 U.S.C. 
Section 387j for the product from the FDA.

 (C) In 
addition to the requirements in subsection (B) of this section, each 
manufacturer shall provide a copy of the acceptance letter issued by the FDA 
pursuant to 21 U.S.C. Section 387j for a timely filed premarket tobacco 
application, a copy of the marketing granted order issued pursuant to 21 U.S.C. 
Section 387j, or a document issued by the FDA or by a court confirming that the 
premarket tobacco product application received a denial order that has been and 
remains stayed by the FDA or court order, rescinded by the FDA, or vacated by a 
court.

 (D) 
The certification form shall prescribe such information as the Attorney General 
determines, but shall, at a minimum, separately list each brand name, category, 
product name, and flavor, and both the name of any foreign company or companies 
physically manufacturing each ENDS product and/or component and the full 
address of the foreign company or companies at which the ENDS product or 
component thereof is physically manufactured for each ENDS product that is sold 
in South Carolina.

 (E) 
The inf