SC H3728

Requires manufacturers of electronic nicotine delivery systems (ENDS/vaping products) to submit annual certifications to the Attorney General verifying FDA premarket tobacco application status or marketing authorization

Establishes a state directory of approved ENDS products and manufacturers; products not listed on the directory cannot be sold in South Carolina beginning October 1, 2025

Imposes fees of $2,000 per product for initial certification and $500 annual renewal; manufacturers face $1,000 daily fines for selling unlisted products

Prohibits ENDS marketing that uses candy/dessert terminology, cartoon characters, images imitating food brands marketed to children, or school supply imagery

Sets escalating civil penalties for retailers and distributors selling non-compliant products: $500 for first violation up to $3,000 for fourth or subsequent violations within 36 months