Navigating New Vape Regulations: June 2025 Legal Developments

State-by-State Legislative Updates on Disposable Vapes and Nicotine Products (2025–2026)

State legislatures across the U.S. have considered dozens of vape-related bills in recent sessions, including flavor bans and “Premarket Tobacco Application” (PMTA) product registries. State-level laws targeting disposable vapes, nicotine product vending practices, and other product restrictions have rapidly evolved. Below is an updated report (mid-2025) on recent and pending legislation in Arizona, Tennessee, New Hampshire, Georgia, Texas, and Florida.

United States:

Minneapolis, Minnesota

  • Minimum Price Enforcement: The Minneapolis City Council is considering an ordinance to set a minimum price of $25 for vape pens and e-cigarettes to deter youth vaping. A final vote is expected by July 10. Source
  • Proximity Restrictions: The proposed ordinance also includes a ban on opening new tobacco shops within 300 feet of K-12 schools.

North Carolina

  • FDA Authorization Requirement: Effective July 1, 2025, only vape products authorized by the FDA will be legal for sale in North Carolina. This move aims to eliminate unauthorized and potentially harmful products from the market. Source
  • Retailer Compliance: Retailers must ensure their inventory complies with the new regulations to avoid penalties.

Texas

Ban on Chinese-Made Disposable Vapes (SB 2024, 2025):
Texas enacted one of the nation’s most sweeping vape product bans, focused on product origin and packaging. In June 2025, Governor Greg Abbott signed SB 2024 into law, prohibiting the sale of any “e-cigarette product” that is made in China and pre-filled with liquid.This effectively outlaws the popular disposable vapes (overwhelmingly manufactured and filled in China) from the Texas market. Notably, the final version of the bill was a narrowed compromise—refillable and open-system devices (even if produced with Chinese components) remain legal as long as they are filled domestically.In other words, a device made in China can be sold if the e-liquid is added in the U.S., but fully assembled disposable units imported from China are banned.The law (effective September 1, 2025) also includes stringent marketing and content restrictions: it bans packaging with cartoon characters, youth-appealing imagery, or candy likeness, and outlaws any vape devices designed to look like everyday objects (e.g., highlighter pens, toys, smartphones).Furthermore, SB 2024 prohibits vapes containing illicit additives—no device may contain cannabinoids, kratom, kava, psychoactive mushrooms, or similar substances outside of nicotine.Impact:
The Texas law is one of the toughest to date, essentially eliminating the disposable vape category unless supplied by U.S. manufacturers. It was initially proposed as an even broader ban on any device with any Chinese-made components, but that provision was scaled back after industry backlash to avoid banning nearly all vape hardware.Separately, Texas lawmakers had also introduced companion PMTA registry bills in 2025 (SB 1698 / HB 3772), but these did not advance once the focus turned to the comprehensive SB 2024. Texas has not pursued a statewide flavor ban, opting instead for the product-origin approach. Vending machine sales of e-cigarettes in Texas remain prohibited except in 21+ adult spaces by prior law, unchanged in recent legislation.Texas Vape Regulation Summary:
  • SB 2024 Enactment: Governor Greg Abbott signed SB 2024, banning e-cigarette products manufactured in China, effective September 1, 2025. The law targets products with youth-oriented branding or those resembling everyday items like toys or cosmetics. Source
  • SB 2024 (2025) bans all pre-filled disposable e-cigarettes made in China. Effective Sept. 1, 2025.
  • Refillable/open systems with U.S.-filled e-liquid are allowed even if device components are Chinese.
  • Includes bans on youth-appealing packaging and illicit additives (e.g., cannabinoids, kratom).
  • Earlier PMTA registry bills were dropped in favor of SB 2024. Vending machine rules remain unchanged.
  • Marketing Restrictions: The legislation also prohibits marketing strategies that appeal to minors, aiming to reduce youth vaping rates.

Arizona

Pending “Vapor Products Directory” Bill (SB 1272, 2025):
Arizona's legislature has been actively reviewing Senate Bill 1272, which would establish a state-maintained vapor products directory as a condition for legal retail sales. The proposal seeks to integrate vapor products into Arizona’s existing alcohol regulatory framework, introducing a certification and listing process overseen by state authorities.Under SB 1272:
  • Only products listed in the state directory would be permitted for sale.
  • Unlisted (non-compliant) products would be banned, and violators could face significant penalties.
  • The bill effectively makes Arizona an enforcer of federal FDA compliance, barring any e-cigarette product that has not received FDA marketing authorization or is not currently under pending FDA review.
Industry Concerns:
Opponents argue the bill would result in a de facto flavor ban, as most flavored products currently on the market lack FDA approval. Vape industry groups and small retailers have warned that SB 1272 could severely harm small businesses and restrict adult access to vaping alternatives.Legislative Status:
As of early 2025, SB 1272 had passed through key Senate committees and caucus votes but had not yet been enacted into law. The bill remains under active consideration.Regulatory Context:
Arizona does not currently have a statewide flavor ban, although certain local jurisdictions have enacted their own flavor restrictions. Vending machines selling nicotine products are still limited to adult-only venues, such as bars, under existing state law. There have been no recent legislative changes to these vending regulations.AZ Summary:
    • SB 1272 (2025) proposes a “Vapor Products Directory” that would ban non-FDA-approved products and require registry listing. If passed, it would integrate vapor product sales under Arizona’s alcohol regulatory framework with heavy penalties for non-compliance.
    • As of early 2025, the bill had passed key Senate committees but is not yet law.
    • Arizona does not have a statewide flavor ban; vending machines are restricted to adult-only venues.

Tennessee Vape Laws & Regulations – Effective July 2025

Effective July 1, 2025, Tennessee has implemented a sweeping law regulating vapor products through Senate Bill 763 (SB 763). Key areas include vapor product taxation, mandatory product registration, strict ID verification, enhanced penalties for underage sales, and significant advertising restrictions. These measures are designed to align with FDA standards and limit youth access to e-cigarettes and disposables.

Key Provisions for Vape Retailers & Manufacturers

1. 10% Wholesale Vape Tax
A 10% excise tax is imposed on the wholesale price of all vapor products. Wholesalers must file Form TOB 552 monthly to report sales and remit taxes.

2. Mandatory Vapor Product Registration
By August 1, 2025, manufacturers must register each vapor product with the Tennessee Department of Revenue. Each product must meet PMTA criteria and pay a $25 annual listing fee to be included in the Tennessee Vapor Product Directory.

3. Retail Sales Restrictions
Starting January 1, 2027, retailers may only sell vapor products listed in the state’s official directory. Unlisted products will be allowed for sale during a 60-day grace period but will be subject to seizure afterward.

4. Enhanced ID Verification
Retailers must verify photo identification for anyone under the age of 50, raising the previous threshold of 30 years.

5. Severe Penalties for Underage Vape Sales
Selling vapor products to individuals under 21 will incur a $2,500 fine for the first offense. A second offense results in a $20,000 fine and license revocation—regardless of the time between offenses.

6. Vape Advertising Restrictions
Marketing that appeals to minors—such as candy-themed or cartoon branding—is banned. Billboard ads are prohibited within 1,000 feet of schools, daycares, and churches.

Compliance Deadlines

  • July 1, 2025: 10% wholesale tax begins
  • August 1, 2025: Manufacturers must register vapor products and retailers must buy only from licensed distributors
  • January 1, 2026: Vapor Product Directory to be published
  • January 1, 2027: Unlisted products become illegal for sale (after 60-day grace period)

Enforcement & Oversight

The Tennessee Alcoholic Beverage Commission (TABC) will receive 12.5% of vapor tax revenue for enforcement. Retailers will undergo a minimum of two random compliance checks per year. Results will be published publicly.

SB 763 Vapor Product Registry & E-Liquid Requirements

  • All listed vapor products must have a PMTA submitted to the FDA by September 9, 2020
  • Eligible products must:
    • Have FDA marketing authorization, or
    • Have a pending PMTA under FDA review, or
    • Be under a court stay after FDA denial

Additionally, e-liquids (called "consumable materials") must:

  • Be blended in the United States
  • Come from FDA-registered facilities
  • Not be sourced from foreign adversaries (e.g., Chinese-manufactured disposables)

Impact on Vape Market in Tennessee

This law is expected to eliminate most disposable vapes from convenience stores—especially foreign-made products like Elf Bar and Lost Mary. However, Tennessee vape shops selling bottled e-liquids and refillable devices will remain largely unaffected if their products are PMTA-compliant.

Signed into law by Governor Bill Lee, Tennessee becomes the 13th state to establish a PMTA-based registry system for vapor products.

Quick Summary – Tennessee Vape Law 2025

  • 10% wholesale vape tax effective July 1, 2025
  • Mandatory PMTA-based registration for all vapor products
  • FDA-compliant e-liquid sourcing from U.S. facilities only
  • Retail ban on unlisted products starts January 1, 2027
  • Strengthened ID checks and underage sales penalties

New Hampshire

2024 “PMTA Registry” Proposal (HB 1591) – Amended:
New Hampshire introduced a significant vaping bill in 2024, originally modeled on other states’ PMTA registry laws. As introduced, House Bill 1591 aimed to make the state an active enforcer of FDA vape regulations by banning all vapor products lacking FDA approval. This would have resulted in a de facto flavor ban and potentially forced the closure of many independent vape shops.However, the bill encountered strong opposition from harm-reduction advocates and was substantially amended during the legislative process.What Ultimately Passed:
All PMTA registry and flavor ban provisions were removed from the final version of the bill. Instead, the legislation—signed by Governor Chris Sununu in July 2024—transferred the authority to set fines for tobacco and vape sales violations to the New Hampshire Liquor Commission, which would now establish those penalties through administrative rulemaking.Impact:
The final law did not impose any new restrictions on vape sales or flavors. As of 2025, New Hampshire has no statewide flavor ban or registry requirement. The defeat of HB 1591 means that disposable vapes remain legal, provided they are sold in compliance with existing age restrictions.Vending machine sales of vaping products are still governed by federal law, meaning they are only permitted in adult-only locations. No new vending-related regulations were introduced under this legislation.NH Summary:
    • HB 1591 (2024) was scaled back after opposition. The final law only transferred fine authority to the state Liquor Commission—no registry or flavor bans passed.
    • As of 2025, NH has no statewide flavor ban or registry requirements. Disposable vapes remain legal under age compliance laws.

Georgia

Proposed “Nicotine Vapor Products Directory Act” (HB 577):
Georgia’s legislature has considered a Pre-Market Tobacco Application (PMTA) registry model similar to efforts in other states. House Bill 577 proposes the creation of a state-maintained directory of approved vapor products and mandates that manufacturers pay substantial listing fees—initially $1,000 per product and $250 annually per SKU.The bill’s primary objective is to limit retail sales to products that are either FDA-authorized or have a PMTA under review, thereby excluding unapproved flavored or imported disposable vapes. The sponsor of HB 577 underscored the goal of aligning state enforcement with federal regulations and targeting non-compliant products, particularly those originating from overseas.Legislative Status:
During a previous legislative session, HB 577 successfully passed the Georgia House in March amid growing concerns over youth vaping. However, the bill stalled in the state Senate later that same month and was not enacted in 2024. Despite this, lawmakers suggested that the proposal might be revisited.Indeed, the bill was reintroduced for the 2025–2026 legislative session and underwent committee discussion in March 2025. As of mid-2025, the bill remains pending. It faces substantial opposition from vape shop owners and adult consumers, who argue that the bill’s broad language could unintentionally ban open-system devices and inflict economic harm on small businesses—without effectively limiting youth access, especially since online sales would remain largely unaffected.Regulatory Context:
No separate flavor ban legislation has advanced in Georgia during this period. However, the proposed directory would de facto eliminate most flavored vape products by excluding those without FDA approval. Existing Georgia law already restricts vending machine sales of nicotine products to 21+ adult-only establishments, and no recent legislation has modified those provisions.Georgia Summary:
    • HB 577 proposes a “Nicotine Vapor Products Directory Act” with $1,000 listing fees per product and annual renewals.
    • Applies to FDA-authorized or pending-PMTA products only. Targets foreign-made disposables.
    • Passed the House but stalled in the Senate in 2024; reintroduced in 2025 and remains under committee review.
    • Opponents say the bill may ban open-system devices and harm small businesses.

Florida

“Nicotine Dispensing Devices” Registry Law (HB 1007, 2024):
In 2024, Florida became the first state to implement a disposable vape registry specifically targeting youth-attractive products. Signed into law by Governor Ron DeSantis, HB 1007 requires the Attorney General’s Office to create and publish a “Nicotine Dispensing Devices” directory listing all single-use (disposable) e-cigarette products that are both deemed attractive to minors and lack FDA authorization.A key provision of the law is its exemption for refillable vapor products and bottled e-liquids (i.e., open-system devices), shielding them from the registry requirement. This carve-out was the result of lobbying by vape shop advocates seeking to preserve adult access to open-system vaping.The law took effect in October 2024 and established the following timeline and enforcement steps:
  • By January 1, 2025, the Attorney General must publish a list of all disposable vape products not authorized by the FDA. Since no flavored disposables have received FDA authorization, nearly all such products qualify.
  • Retailers and distributors then have 60 days to remove any listed product from their inventory. After this grace period, possession for sale becomes illegal, and remaining stock is subject to seizure and destruction by authorities.
  • Starting March 1, 2025, penalties apply: manufacturers face fines up to $1,000 per day per product still sold in the state. Wholesalers and retailers are also subject to the same $1,000/day penalty for distributing banned items.
Florida also increased enforcement penalties for underage sales: a retailer or clerk who sells a nicotine product to an under-21 customer three times can be charged with a third-degree felony, punishable by up to $5,000 in fines and 5 years in prison for the third offense.Current Status:
This law effectively serves as a flavored disposable vape ban in Florida, compelling the removal of popular brands like Elf Bar and Puff Bar from retail shelves unless they receive FDA authorization. However, adult consumers may still purchase flavored e-liquids and refillable devices, which remain legal under the exemption.Previously proposed flavor bans were abandoned when Florida passed legislation in 2021 to preempt local vape regulations, leading to this registry-based approach instead. Vending machine sales remain restricted to adult-only facilities, with no changes introduced in recent laws.Florida Summary:
    • HB 1007 (2024) established a disposable vape registry for FDA-unapproved products deemed attractive to minors.
    • Exempts refillable/open systems and bottled e-liquids.
    • Retailers had 60 days post-listing (from Jan. 1, 2025) to clear products; penalties up to $1,000/day apply thereafter.
    • Repeat underage sales violations can result in felony charges.

Virginia

  • Certification Mandate: Starting July 1, 2025, manufacturers must certify that their liquid nicotine or vapor products are FDA-authorized or have pending applications. Each product requires a $2,000 certification fee and a $500 annual renewal. Source
  • Retailer Responsibility: Retailers must ensure that the products they sell are certified to avoid legal repercussions.

Supreme Court Ruling

  • Jurisdictional Flexibility: The U.S. Supreme Court ruled 7–2 that vape companies can choose the jurisdiction to challenge FDA denials of marketing applications. This decision allows companies to file suits in courts perceived as more favorable to their cases. Source
  • Industry Impact: This ruling may lead to increased legal challenges against FDA decisions, potentially affecting the regulatory landscape.

Connecticut – House Bill 7275 (Effective July 2025)

Overview

Connecticut enacted House Bill 7275 to strengthen regulation of electronic nicotine delivery systems (ENDS) and vapor products, effective July 1, 2025. The act repeals and replaces Section 53-344b of the General Statutes, updating definitions and enforcement mechanisms for e-cigarettes. The goal is to curb youth access and align vaping restrictions with traditional tobacco.

Key Provisions

  • Minimum Age Restrictions: Illegal to sell or distribute ENDS or vapor products to individuals under 21. Violations can carry criminal penalties.
  • Substantial Fines for Violations: Civil penalties up to $10,000 per violation. Repeated offenses face increased fines.
  • Indoor Vaping Bans: Vaping prohibited in all areas where smoking is banned, including government buildings, healthcare institutions, and retail establishments.
  • School and Childcare Restrictions: Vaping banned on school grounds, colleges, and childcare facilities at all times.
  • Repeal and Replacement of Old Statutes: Clarifies and broadens definitions to include emerging products like synthetic nicotine.

Retailer Responsibilities

  • Verify age of anyone appearing under 30 with valid ID.
  • Penalties: $300 for first offense, $750 for second, $1,000 for third or more. License suspension possible.
  • Warning signs (48-point font) required at points of sale.
  • Self-service displays banned unless adults-only store.
  • Online sales require age verification and adult signature on delivery.

South Carolina – House Bill 3728 (Pending)

Overview

HB 3728 introduces a product certification system to regulate ENDS. Aims to restrict unsafe devices and youth marketing.

Key Provisions

  • Product Directory: AG to maintain directory. Certification required. Directory to be operational by Oct 1, 2025.
  • Prohibition of Non-Certified Products: Sales of non-certified products illegal. 60-day grace period for removal.
  • Penalties: Tiered fines ranging from $500 to $3,000. Unfair trade practice designation for violations.
  • Marketing Restrictions: No youth-oriented packaging or misleading health claims. Advertising limited to adult-audience media.

Local Ordinances

Cities like Charleston, Columbia, and Greenville ban vaping in public spaces. State law preempts new local rules but preserves pre-2021 ordinances.

Arkansas – Act 590 of 2025

Overview

Act 590 establishes a state-managed directory of FDA-compliant vaping products. Also criminalizes possession of unapproved products.

Key Provisions

  • Product Directory: Only PMTA-compliant products allowed. Deadline for manufacturer submissions: Sept 1, 2025. Directory live by Nov 1, 2025.
  • Ban on Non-Listed Products: Illegal to sell or possess products not in directory. Seizures and penalties apply.
  • Exemptions: Open-system devices without liquid and using removable batteries are exempt. Bottled liquids may be exempt.
  • Marketing Rules: No candy/dessert terms or youth-friendly graphics.
  • Penalties: Seizure of contraband, fines, and license revocation. False certification is a misdemeanor.

House Bill 1626 (Disposable Vape Ban)

  • Ban on Sales: Outright ban on disposable vapes.
  • Enforcement: Class A misdemeanor for violations. Products subject to seizure.
  • Exemptions: FDA-authorized disposables only.
  • Status: Not enacted by mid-2025, but Act 590 achieves similar outcomes.

Idaho – House Bill 244 (Pending)

Overview

HB 244 proposes "ban" and "exemption" lists maintained by the Department of Health. Targets unapproved or unsafe vape brands.

Key Provisions

  • Ban List: Includes products cited by FDA for violations.
  • Exemption List: Includes FDA-approved or PMTA-submitted products.
  • Sales Prohibition: Retailers must pull banned products within 60 days.
  • Penalties: $5,000 per violation. Repeated offenses lead to license revocation. Products seized and destroyed.

Tax and Licensing Proposal

  • Licensing: Vape retailers to be licensed and taxed like tobacco shops.
  • Excise Tax: 3¢/mL e-liquid tax proposed.
  • Use of Revenue: 75% for enforcement, 25% for education/prevention.

United Kingdom

Disposable Vape Ban

  • Nationwide Prohibition: As of June 1, 2025, the UK has banned the sale of disposable vapes to address environmental concerns and youth vaping. Retailers found selling banned products face fines starting at £200. Source
  • Environmental Considerations: The ban aims to reduce litter and environmental harm caused by single-use vape products.

Tobacco and Vapes Bill

  • Generational Smoking Ban: The proposed legislation aims to prohibit the sale of tobacco products to individuals born on or after January 1, 2009, effectively creating a smoke-free generation. Source
  • Vaping Regulations: The bill also seeks to regulate the sale, advertising, and promotion of vaping products, with the goal of reducing youth access and exposure.

Resources for Compliance and Solutions

To navigate these regulatory changes effectively, consider the following resources: Stay informed and compliant by regularly consulting these resources and adapting to the evolving legislative landscape.

 

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