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Governments around the world have different attitudes towards e-cigarettes and nicotine. In the UK, government health agencies largely encourage the use of e-cigarettes. In the US, the Food and Drug Administration (FDA) has authority over vaping products since 2016, but has refused to create a simple standard system for e-cigarettes and e-liquids.

In recent years, some U.S. states have implemented flavor and online sales bans. Canada followed the UK model for a short time, but recently implemented nicotine concentration limits and

Extreme flavor restrictions.

More than 40 countries have some form of ban on e-cigarettes. Here we list flavor and online sales bans by state in the United States, as well as sales and use bans implemented in other countries.

U.S. bans flavored e-cigarettes and online sales

The FDA has federal authority to regulate vaping products. In September 2020, the agency began reviewing premarket tobacco applications (PMTAs) and said it would not authorize flavored products without specific evidence. Whether the agency will succeed in developing an unwritten standard to eliminate legal flavored products (except tobacco and menthol) is likely to be decided by federal courts.

Most vaping bans in the United States have occurred at the state and local levels. While some cities in California — notably San Francisco — have banned the sale of all vaping products, most U.S. vaping restrictions involve flavors and online sales. While state legislatures have proposed numerous vaping bans in recent years, there have been only a handful of each — proving grassroots opposition can stop bad legislation.

Arkansas – Online Sales Banned

Tobacco licenses issued to Arkansas businesses only allow in-person transactions, so online sales are prohibited

California – Flavor Ban (suspended until 2022)

The California Legislature passed (and signed by the governor) a law in August 2020 to ban all “flavored tobacco”, including e-cigarettes. However, after a massive signature-gathering campaign, the law is being implemented until voters in the state decide whether to approve it in a November 2022 referendum. The law, if passed, would ban all flavors of e-cigarettes other than tobacco

Maine – Online Sales Ban

Maine bans online sales, except between licensed businesses

Massachusetts – Flavor Ban

The first statewide flavor ban was passed by Massachusetts in late 2019. It includes all tobacco products and bans the sale of all e-cigarette flavors except tobacco

New Jersey – Flavor Ban

New Jersey’s ban covers all flavors except tobacco. Lawmakers decided not to ban menthol cigarettes after realizing how much tax revenue the state would lose. Governor signs flavor ban and increases taxes on vaping products, but vetoes additional 20 mg/mL nicotine strength limit

New York – Flavor Ban + Online Sales Ban

The New York flavor ban, which covers all flavors except tobacco, was passed in April 2020. The state also passed a ban on online sales at the same time (all vaping products)

Oregon – Online Sales Ban

Oi Bans Online Sales, Except Between Licensed Businesses

Rhode Island Flavor Ban

In March 2020, then-Governor Gina Raimondo bypassed the state legislature, using the Department of Health to impose a permanent ban on all e-cigarette flavors except tobacco

South Dakota – Online Sales Ban South Dakota Ban

Shipping all tobacco products (including e-cigarettes)

Utah – Online Sales Ban

Utah bans online sales, except between licensed businesses

Vermont – Online Sales Ban

Vermont bans online sales, except between licensed businesses

Major cities that have banned flavors include Chicago, Illinois; Los Angeles (effective 2023), San Diego, Sacramento, Oakland and San Jose, California; and Boulder, Colorado. Hundreds of smaller cities and counties (mostly in California) had flavor bans, and some large cities had bans later replaced by state bans (like New York City and Newark, NJ)

San Francisco and some smaller cities in California have banned the sale of vaping products across the board.

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