Vaping Flavor Bans By State

Updated: 4 September 2023. Information correct at time of update.

With the increasing popularity of vaping across the United States, more and more states have begun to implement ‘flavor bans’ on vaping products. These state-specific bans restrict vaping brands from selling fruity flavored devices or pods, often restricting them to selling just mint or tobacco flavored e-juice. 

As many states have already implemented these vaping bans and restrictions, many have found it more difficult than ever before to find the vaping devices or pods that they have come to love.

States with Vape Flavor Bans (September 2023)

• California – Sale of ONLY Tobacco Flavor vapes allowed online
• Massachusetts – Sale of ONLY Tobacco Flavor vapes allowed online
• New York – Sale of ONLY Tobacco Flavor vapes allowed online
• New Jersey – Sale of ONLY Tobacco Flavor vapes allowed online
• Rhode Island – Sale of ONLY Tobacco Flavor vapes allowed online

Keeping up with the constantly evolving nature of these vape flavor bans can be tough, with new laws being written and implemented almost every day. See a full breakdown of State Laws below. Knowing what rules and regulations are currently in place in your state, or what laws may soon come to pass, can be essential to those who have come to love flavored vaping products. 

The regulations, laws and bans regarding vaping devices are rapidly changing and may be vastly different depending on what city you live in, but here is the most current information on vaping laws and flavor bans by state. 

Vaping Laws By State

Arkansas Vaping Flavor Bans and Laws

Online Sales Flavored Vape Ban

To sell vaping or tobacco products in the state of Arkansas, retailers must register and obtain a permit from the Arkansas Director of Tobacco Control, which has caused many out-of-state retailers to stop shipping to the state. 

This permit law has essentially banned online retailers from selling vape products to Arkansas residents. As of December 2022, Arkansas residents may still purchase flavored vaping devices, depending on the local municipality regulations. 

 

California Vape Flavor Bans and Laws

Retail Sales Flavored Vape Ban

On August 28, 2020, current CA Governor Gavin Newson signed SB-793 into effect, a bill that banned the in-person sales of tobacco and vaping products in flavors other than tobacco. 

In January of 2021, a referendum suspended that ban until California voters had a chance to repeal or confirm the law on the November 2022 ballot. In that vote, CA residents overwhelmingly voted to ban the sale of flavored tobacco and vape products across the state, making it by far the largest state to implement a flavor ban on vapes. 

Starting on December 21st of 2022, California became the second state (after Massachusetts) to implement state-wide bans on the sale of flavored vapes and tobacco products. 

This new law makes it illegal for stores or vending machines to sell vaping devices or tobacco products with any flavors other than tobacco. Yes, you read that right, even menthol and mint flavored vapes are now banned in California. 

Big tobacco companies have filed lawsuits against the CA vape flavor bans, but the Supreme Court has since refused to grant the injunction against the flavor ban. 

This brand new flavor ban recently implemented across California makes it the largest retail vaping ban in the history of America and presents worrying indications of what may be to come across the country. 

 

Maine Vaping Flavor Bans and Laws

Online Sales Flavor Ban 

State regulators in Maine recently passed a law banning the shipment of vaping or tobacco products to anyone other than a retail store. This law has effectively banned the online sale of vape products to Maine residents. 

 

Massachusetts Vape Flavor Bans and Laws

Retail Sales Flavored Vaping Ban

In 2019, Massachusetts became the first state to enact a statewide ban on all the retail sale of all flavored tobacco and vaping products. Signed by Governor Baker in 2019, the law took effect immediately and currently still restricts all sales of non-tobacco flavored vapes. In 2020, the state also passed a ban on menthol cigarettes, making retail sales illegal. 

 

New Jersey Vaping Flavor Bans and Laws

Retail Sales Flavor Ban

On January 21, 2020, the current New Jersey Governor, Phil Murphy, signed bill S3265 into effect, which placed a ban on the retail sale of any flavored vaping or tobacco product. The law went into effect in April of 2020, with all vaping products, other than tobacco flavors, being banned in stores across New Jersey. 

Current New Jersey laws still allow the sale of menthol cigarettes in retail stores across the state, but menthol-flavored vapes are banned. 

 

New York Vape Flavor Bans and Laws

Retail + Online Flavored Vape Ban

New York currently has a ban on all flavored vape and tobacco products, for both retail and online sales. On July 1, 2020 a law banning all flavored vaping products went into effect, including mint or menthol flavors. 

 

Oregon Vape Flavor Bans and Laws

Online Sales Ban on Flavored Vapes

In October of 2019, a statewide ban on flavored vape and tobacco products went into effect, but an injunction was filed in the state appeals court later that year which removed the ban. 

In 2021, Oregon lawmakers passed House Bill 2261, which made the online sales and delivery of flavored vapes illegal within the state. Currently, online sales of flavored vaping devices can only be done between licensed retail stores. 

 

Rhode Island Vape Flavor Bans and Laws

Ban on Retail Sale of Flavored Vapes

As of March 26, 2020, a ban on all flavored vapes (other than tobacco flavor) has been in effect. Residents are currently not able to purchase any flavored vapor or tobacco products from in-person stores. Online sales are currently still available for Rhode Island residents. 

 

South Dakota Vape Flavor Bans and Laws

Online Sales Ban on Flavored Vapes

The online sales and delivery of any flavored vape or tobacco product is currently banned in the state of South Dakota. As of September 2023, residents may still purchase flavored vaping products from in-person retail stores. 

 

Utah Vape Flavor Bans and Laws

Online Sales Ban on Flavored Vapes

Utah requires the sales of all flavored vaping and tobacco products to be conducted in person, effectively banning the online sale and delivery of vapes purchased online. 

In 2019, Utah lawmakers placed a ban on flavored vape sales, except for those sold by specialty tobacco shops. On October 28, 2019, a Utah district judge found that the state’s Department of Health made the restriction without following proper regulations and has since removed that ban. 

 

Vermont Vape Flavor Bans and Laws

Online Sales Ban on Flavored Vapes

In July of 2019, a ban on the online sale of all flavored vaping and tobacco products was implemented across Vermont.

 

 

By Beau Elliot

Beau Elliott is our Customer Service Manager, and a proud vaper from Colorado. He’s happiest when engrossed in reading customer reviews, hearing what the vape community is saying, and giving help to those who seek it. He focuses on giving guidance to beginner vapers.

Beau started at Discount Vape Pen in 2022, and he already is one of the most popular guys in the DVP team. Outside of the vape life – Beau is a wanderer, and loves traveling around Colorado and beyond. Meet all our Discount Vape Pen Authors here.