In the US, state and local governments enact the majority of vape laws. Furthermore, while some Californian cities—most notably San Francisco—have outlawed the sale of all vaping goods, the majority of vape prohibitions in the US relate to flavours and internet sales. Despite the several vaping prohibitions that have been presented in state legislatures recently, there are very few of each, demonstrating the power of grassroots opposition to thwart harmful legislation.
California bans flavours from being sold in stores
The in-store sale of vaping goods in flavours other than tobacco, with or without nicotine, is currently prohibited in California. While online sales are not prohibited by the statewide statute that was approved by voters in 2022, certain cities have more stringent rules.
Georgia prohibits internet sales
Online sales of vaping products are not permitted in Georgia; only in-person retail transactions are permitted.
Hawaii prohibits out-of-state online sales
Hawaii prohibits foreign online sellers, with the exception of authorised merchants.
Maine prohibits internet sales
Maine prohibits online transactions unless they are made by authorised companies.
Massachusetts: prohibition on flavour
Late in 2019, Massachusetts passed the state’s first flavour prohibition. It covers all tobacco products and forbids the sale of any other flavours of vape besides tobacco.
Flavour ban in New Jersey
The restriction in New Jersey applies to all flavours excluding tobacco. When lawmakers realised how much tax money the state would lose from a menthol cigarette ban, they decided against it. The governor vetoed the accompanying 20 mg/mL nicotine strength limit but approved the flavour ban and higher tax on vaping items.
New York: internet sales and flavour ban
Passed in April 2020, the New York flavour prohibition applies to all flavours except tobacco. Simultaneously, the state banned the sale of any vaping product online.
Oregon prohibits online sales
Oregon forbids internet transactions unless they are made by authorised companies.
Rhode Island has banned some flavours.
Using the Department of Health, then-governor Gina Raimondo established a permanent ban on all vape flavours other than tobacco in March 2020, circumventing the state legislature.
South Dakota outlaws internet sales
South Dakota forbids the shipping of any tobacco products, including e-cigarettes.
Utah prohibits online sales
Except between authorised businesses, Utah prohibits online sales.
Vermont prohibits internet sales
Vermont restricts online sales to transactions between authorised businesses only.
Chicago, Illinois; Los Angeles (effective in 2023); San Diego, Sacramento, Oakland, and San Jose, California; and Boulder, Colorado are among the major cities having restrictions on flavour. Flavour prohibitions are in place in hundreds of smaller cities and counties, primarily in California, as well as in some major areas (including New York City and Newark, NJ) where the original restrictions have been replaced by state bans.
Some smaller Californian communities, including San Francisco, have approved complete restrictions on the sale of vaping products.
