Though the FDA is behind the primary rules and guidelines inside the US, state by states have additionally carried out their very own legal guidelines.
Flavour bans
Listed below are some examples of some states which have carried out flavour bans with a number of slight variations from state to state.
California has carried out a flavour ban throughout all flavoured nicotine merchandise. In early 2025, on-line gross sales of flavoured vaping merchandise had been additionally banned. A listing shall be printed by or earlier than December thirty first, 2025, of flavours that shall be allowed.
Massachusetts permits flavoured e-cigarettes to be offered for on-site utilization at licensed smoking bars. Non-flavoured vaping merchandise with nicotine content material above 35mg/ml may be licensed to retail outlets and smoking bars.
New Jersey restricts the sale of all flavoured e-cigarettes.
New York bans the sale of all flavoured e-cigarettes besides 6 menthol flavours which were authorised by the FDA.
Rhode Island restricts the sale of flavoured e-cigarette flavours besides menthol.
Utah bans all e-cigarette flavours besides menthol, restricts high-strength vapes (over 40mg/mL), and unauthorised merchandise not FDA-reviewed by September 9, 2020.¹⁰
Vape taxes by state
The USA doesn’t have one single tax (%) throughout the board; it varies from state to state.
