SB 257

2023 Wisconsin Act 73

created certain requirements related to “electronic vaping devices,” defined in part as devices that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine. Among the requirements is a requirement that a manufacturer of electronic vaping devices certify to the Department of Revenue that the manufacturer has received a marketing authorization or similar order for the electronic vaping device from the U.S. Food and Drug Administration pursuant to

21 USC 387j

and a requirement that DOR maintain a directory of electronic vaping device manufacturers and electronic vaping devices for which certification forms have been submitted to DOR. The federal law

21 USC 387j

generally requires that new tobacco products be reviewed by the FDA before being marketed.

Under this bill, “electronic vaping device” means, in part, a device that delivers for inhalation an aerosolized or vaporized liquid that contains nicotine.