South Carolina H 3728: Vapor Products

Bill Text

2025-2026 Bill 3728 Text of Previous Version (Jan. 15, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3728

Indicates Matter Stricken
Indicates New Matter

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

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.

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) 
"ENDS product" means an electronic nicotine delivery system intended for 
eventual retail sale in this State that is a noncombustible 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 include 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.

 (2) 
"FDA" means the federal Food and Drug Administration.

 (3) 
"Advertise" means the publication or dissemination of an advertisement.

 (4) 
"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, in a 
radio or television broadcast, or in any other media.

 (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 contains a 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), 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 has 
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, 
such as, e-liquid, power unit, device, e-liquid cartridge, e-liquid pod, or disposable; 
product name; and flavor for each ENDS product that is sold in South Carolina.

 (E) 
The information submitted by the manufacturer pursuant to subsection (C) shall 
be considered confidential commercial or financial information for purposes of 
the South Carolina Freedom of Information Act. The manufacturer may redact any 
information that constitutes a trade secret, as defined in Section 30-4-40, or 
financial information provided pursuant to subsection (C). The Attorney General 
shall not disclose such information except as required or authorized by law.

 (F) Any 
manufacturer submitting a certification pursuant to subsection (B) shall notify 
the Attorney General within thirty days of any material change to the 
certification, including a change to the name, brand style, or packaging of a 
certified ENDS product covered pursuant to subsection (B)(1) or (2), or the 
issuance by the FDA of:

 (1) 
a marketing granted