The FDA has federal authority to regulate vaping products. In September 2020 the agency began reviewing Premarket Tobacco Applications (PMTAs), and has signalled it will not authorize flavored products without extraordinary evidence. Whether the agency will be successful creating an unwritten standard that eliminates legal flavored products (except tobacco and menthol) may be determined by federal courts.
Most vape bans in the U.S. happen at the state and local levels. And while a few California cities—notably San Francisco—have banned sales of all vaping products, most American vape restrictions involve flavors and online sales. There are only a few of each, despite the large number of vaping bans that have been proposed in state legislatures in recent years—proof that grassroots opposition can stop bad legislation.
Arkansas – online sales ban
Tobacco permits issued to Arkansas businesses only allow face-to-face transactions, so online sales are prohibited
California – flavor ban on in-store sales
California now bans the in-store sale of vaping products in flavors other than tobacco—with or without nicotine. The statewide law, approved by voters in 2022, does not ban online sales, but some localities have stricter laws
Georgia – online sales ban
Georgia allows only face-to-face retail transactions of vaping products, so online sales are prohibited
Hawaii – online sales ban from out of state
Hawaii bans online sales from outside the state, except to licensed retailers
Maine – online sales ban
Maine bans online sales, except between licensed businesses
Massachusetts – flavor ban
The first statewide flavor ban was passed in late 2019 by Massachusetts. It includes all tobacco products, and prohibits sales of all vape flavors except tobacco
New Jersey – flavor ban
New Jersey’s ban covers all flavors except tobacco. Legislators decided not to ban menthol cigarettes after realizing how much tax revenue the state would lose. The governor signed the flavor ban and an increased tax on vaping products, but vetoed the attac
