Vaping is gradually taking over traditional smoking in popularity these days. With the introduction of advanced vaping equipment, people have been offered more ways to control their nicotine intake.
Today, the vaping industry is one of the fastest growing in the world, with a plethora of new products and appliances joining the fierce competition every day. This is partly due to the powerful flavor and alluring smoke that vape offers.
As a result of growing demand, many restrictions have also been implemented by various authorities to safeguard consumers and the health of the general public.
Understand the Regulatory Landscape
Since they were first put on the market in 2003, vapes—also referred to as e-cigarettes—have grown in popularity. There have been some persistent worries about vaping and its potential health dangers ever since it first started.
Several regulatory bodies worldwide rigorously restricted the new smoking technology when it first came out. Alongside these restrictions, vape brands were continuously protesting these reforms by publishing studies proving that they are less harmful than traditional cigarettes.
The Food and Drug Administration (FDA) of the United States of America is responsible for enforcing rules on vaping devices, parts, and e-liquids under the Family Smoking Prevention and Tobacco Control Act of 2024. Any vaping goods released after 2024 will require FDA’s permission in order to be sold legally in the US.
The FDA will assess vaping components, potential health concerns, and marketing to see if they should be allowed for the sake of public health protection.
By the end of 2024, it will be illegal in all 50 states plus DC to sell vape products to anybody younger than 21. To stop underage access, some governments may additionally impose further age verification criteria for in-person and online sales.
Similarly, in 2024, several governments will impose more limitations or outright bans on flavored vaping goods because of their attraction to young people. In certain places, tastes like mint and menthol will not be allowed. Limitations could also be applicable to e-liquids as well as e-cigarettes. Products with tobacco and/or no flavoring may be exempt from some bans.
New Vape Law Overview
While the federal government's FDA is in charge of overseeing vaping regulations nationwide, state legislatures have taken a different approach when it comes to their own laws or the accessibility of vaping.
All American states and their vaping policies as of 2024 are stated below
State | Laws and regulation |
1. Alabama | Strict regulations including flavor limitations and age verification requirements |
2. Alaska | Flavored vape sales banned, businesses require license |
3. Arizona | Increased taxes, retailers must be registered |
4. Arkansas | Ban on online sales, retailers need license |
5. California | Flavored vape sales banned, businesses require license |
6. Colorado | Strict regulations including flavor limitations and age verification requirements |
7. Connecticut | Increased taxes, retailers must be registered |
8. Delaware | Flavored vape sales banned, businesses require license |
9. Florida | Strict regulations including flavor limitations and age verification requirements |
10. Georgia | Flavored vape sales banned, businesses require license |
11. Hawaii | Flavored vape sales banned, businesses require license |
12. Idaho | Strict regulations including flavor limitations and age verification requirements |
13. Illinois | Increased taxes, retailers must be registered |
14. Indiana | Flavored vape sales banned, businesses require license |
15. Iowa | Ban on online sales, retailers need license |
16. Kansas | Flavored vape sales banned, businesses require license |
17. Kentucky | Strict regulations including flavor limitations and age verification requirements |
18. Louisiana | Increased taxes, retailers must be registered |
19. Maine | Flavored vape sales banned, businesses require license |
20. Maryland | Strict regulations including flavor limitations and age verification requirements |
21. Massachusetts | Flavored vape sales banned, businesses require license |
22. Michigan | Increased taxes, retailers must be registered |
23. Minnesota | Flavored vape sales banned, businesses require license |
24. Mississippi | Strict regulations including flavor limitations and age verification requirements |
25. Missouri | Flavored vape sales banned, businesses require license |
26. Montana | Increased taxes, retailers must be registered |
27. Nebraska | Flavored vape sales banned, businesses require license |
28. Nevada | Strict regulations, including flavor limitations and age verification requirements |
29. New Hampshire | Flavored vape sales banned, businesses require license |
30. New Jersey | Increased taxes, retailers must be registered |
31. New Mexico | Increased taxes, retailers must be registered |
32. New York | Strict regulations including flavor limitations and age verification requirements |
33. North Carolina | Flavored vape sales banned, businesses require license |
34. North Dakota | Flavored vape sales banned, businesses require license |
35. Ohio | Flavored vape sales banned, businesses require license |
36. Oklahoma | Strict regulations including flavor limitations and age verification requirements |
37. Oregon | Flavored vape sales banned, businesses require license |
38. Pennsylvania | Increased taxes, retailers must be registered |
39. Rhode Island | Flavored vape sales banned, businesses require license |
40. South Carolina | Strict regulations including flavor limitations and age verification requirements |
41. South Dakota | Flavored vape sales banned, businesses require license |
42. Tennessee | Strict regulations including flavor limitations and age verification requirements |
43. Texas | Flavored vape sales banned, businesses require license |
44. Utah | Strict regulations including flavor limitations and age verification requirements |
45. Vermont | Flavored vape sales banned, businesses require license |
46. Virginia | Increased taxes, retailers must be registered |
47. Washington | Flavored vape sales banned, businesses require license |
48. West Virginia | Strict regulations including flavor limitations and age verification requirements |
49. Wisconsin | Flavored vape sales banned, businesses require license |
50. Wyoming | Increased taxes, retailers must be registered |
Packaging Requirements
The packaging requirements for vape vary according to state’s legislation. Until 2024 we have seen changes in rules and laws in packaging too:
State | Packaging Requirements |
Arkansas | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
California | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Connecticut | Manufacturers need permits |
Illinois | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Indiana | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Maine | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Minnesota | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Missouri | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
New Hampshire | All e-cigarette or vaping devices and liquid nicotine must be sold in original packaging |
New Jersey | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
New Mexico | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
New York | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
North Carolina | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
North Dakota | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Ohio | Retailers cannot change the quantity sold. It must be equal to the manufacturer’s container |
Oregon | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Pennsylvania | Products must be unaltered in manufacturer’s original packaging to be sold legally |
Rhode Island | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
South Dakota | All e-cigarette or vaping devices and liquid nicotine must be sold in original packaging |
Tennessee | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Texas | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Utah | Mandates adherence to state laws on content restrictions, labeling, and packaging for all e-cigarettes that aren't sealed |
Vermont | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Virginia | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Washington | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Wyoming | Child-resistant packaging and containers. Liquid nicotine products must have detailed warning labels |
Table: Vape Law Overview
Taxation
State | Vape Tax Rates |
Alabama Alaska Arkansas Florida Idaho Iowa Kansas Kentucky Louisiana Michigan Mississippi Missouri Montana Nebraska North Dakota Oklahoma | No Tax |
Arizona | No Tax ( Planning to increase by the end of 2024 ) |
California | 56.32% of wholesale; 12.5% of retail |
Colorado | 50% of manufacturing price |
Connecticut | 10% of wholesale price |
Delaware | $0.05 per mL |
District of Columbia | 80% of wholesale |
Georgia | 7% wholesale (open) + $0.05 per mL (closed) |
Hawaii | 70% wholesale |
Illinois | 15% wholesale |
Indiana | 15% retail (open); 15% wholesales (closed) |
Kansas | $0.05 per mL |
Kentucky | 15% wholesale (open), $1.50/cartridge (closed) |
Louisiana | $0.15 per mL |
Maine | 43% of wholesale |
Maryland | 12% retail (60 % if less than 5mL) |
Massachusetts | 75% of wholesale |
Michigan | No tax ( Planning to increase by the end of 2024 ) |
Minnesota | 95% of wholesale |
Montana | No Tax ( Planning to increase by the end of 2024 ) |
Nevada | 30% of wholesale |
New Hampshire | 8% wholesale (open), $0.30 per mL (closed) |
New Jersey | $0.10 per mL (open); 10% retail (closed) |
New Mexico | 12.5% wholesale; $0.50 per cartridge |
New York | 20% retail |
North Carolina | $0.05 per mL |
Ohio | $0.10 per mL |
Oregon | 65% of wholesale |
Pennsylvania | 40% wholesale |
Utah | 56% of wholesale |
Vermont | 92% of wholesale |
Virginia | $0.066 per mL |
Washington | $0.09 per mL open; $0.27 per mL closed |
West Virginia | $0.075 per mL |
Wisconsin | $0.05 per mL |
Wyoming | 15% of wholesale |
Table: Taxation Law Overview
Minimum Age Restrictions
Vapes are regarded as tobacco products by the FDA because they contain nicotine, which is well known for having an addictive nature. Most smokers develop a nicotine addiction while they are young. To tackle such growing dependencies among the youth, the FDA has been forwarding strong regulations to age-restrict the purchase of such products. For this reason, preventing dependence has been essential to the current drop in young smoking.
The introduction of vaping offers current smokers (mainly adults) an alternative to reduce their nicotine consumption, but it also jeopardizes attempts to avoid smoking by giving young people an enticing way to develop nicotine addiction, which raises moral questions.
Therefore, stating a minimum age of restriction is extremely essential as an initiative to deal with such growing concerns. The minimum age restriction for the consumption of vaping products by state has been as follows:
State(s) | Vape Pens/E-Cigs Considered Tobacco Products? | Age Limits |
Alabama, Arkansas, Colorado, District of Columbia, Florida, Hawaii, Illinois, Michigan, New Jersey, Nevada, New Mexico, Oklahoma, Oregon, Wyoming, Washington, Vermont, Utah, Tennessee, South Dakota, Rhode Island | No | Must be 21 |
Alaska | No | Must be 19 (or 18 for medical use) |
Arizona, New York, New Hampshire, Nebraska, Montana, Missouri, Mississippi, Minnesota, Kentucky, Kansas, Iowa, Indiana, Idaho, Georgia, Delaware, Connecticut, Wisconsin, West Virginia, Texas, Ohio, North Dakota, North Carolina, South Carolina | No | Must be 18 |
California, Virginia, Pennsylvania | Yes | Must be 21+ or 18 for military |
Louisiana | No | Must be 21 (or 18 with parent) |
Maine | Yes | Must be 21 (or 18 by July 1, 2018) |
Maryland | No | Illegal for minors |
Massachusetts | Yes | Must be 21 (or 18 by Dec 31, 2018) |
Table: Age restrictions law overview
Licensing
Maintaining the legitimacy of vape brands relies on effectively licensing these products according to established regulations. Moreover, obtaining a license to distribute vaping products is crucial for signaling a brand's adherence to quality and safety standards. The "Vape Law Overview" table presented above includes comprehensive information on each state's licensing policies.
Since numerous states view vapes as tobacco products, you must obtain a retail tobacco license or tobacco retailer permit in order to legally run a vape store.
The cost of a tobacco license varies by state and region. While some places charge as little as $25 for a retail tobacco license, others require $500 or more. Furthermore, certain cities, such as New York City, have additional regulations on tobacco shops and vape businesses. For instance, it is illegal to operate or advertise a tobacco or e-cigarette store within 500 feet of a school in New York City.
Applications for licenses will differ based on where you live. Still, you ought to prepare for completing the following four phases as part of your procedure:
- Fill out an application detailing your intended retail vape activities and registered business name.
- Acknowledge and verify the minimum age requirements for each employee.
- Be ready to pay tobacco license fees to the state (or potentially the municipality).
- Display your license prominently for customers and inspectors to see to it that you are in compliance.
Flavor Bans
The FDA and other policymakers are very interested in how e-cigarette flavors, and restrictions on those flavors, affect the initiation, use, and cessation of vapes and smoked tobacco products, including switching between combustible tobacco products and vapes or engaging in dual-use.
Flavors have the potential to encourage youth and young adults to start using vapes when they would not otherwise use any tobacco or nicotine products. Additionally, the use of vapes may lead to regular cigarette smoking, which can cause additional harms to individuals who would not otherwise smoke.
The table under "Vape Law Overview" illustrates the limitations placed on the flavor of vapes.
Marketing Restrictions
The FDA has established strict marketing criteria to guarantee that vapes are offered only to the appropriate and lawful audience, providing protection against marketing to a minor audience.
One expanding area of out-of-home advertising is for electronic cigarettes and vapes that release nicotine smoke. However, ads for e-cigarettes must disclose that nicotine is a harmful and addictive substance . The FDA has mandated that the warning take up twenty percent of the advertisement space.
Future Outlook and Predictions
As scientific research tries to keep up with the rapidly evolving field of vaping technology, further studies on the health impacts and repercussions of vaping usage will be necessary to improve tobacco regulatory laws and vaping products standards.
The number of vape shops will rise as the US vaping sector continues to expand. The FDA is likely to continue providing permissions for new vaping goods for national distribution, and there will probably be a lot more vaping brands entering the market with fiercer competition. However, vape companies that are allowed to sell in the United States are not allowed to mention, either explicitly or implicitly, in their labels, media coverage, or advertisements, that the FDA has approved their new line of tobacco products.
Over the past few years, the vaping industry has witnessed some remarkable technological advancements in vape. It's safe to predict that vaping technology will see even more significant advancements over the next few years. Flavors will become more diverse, tank efficiency will rise, and mod strength will rise.
Additionally, despite the fact that vaping is 95% less polluting than smoking and has long been seen as a more ecologically friendly option to smoking, the amount of waste generated by the vaping business is still a reason for worry. Many of the elements included in vape mods and e-cigarettes have the potential to harm the environment if not properly disposed of. This might lead to a rise in the number of individuals requesting more ecologically friendly vaping goods. However, we can be certain that the industry will take notice of these voices and take appropriate action.
Compliance Challenges for Vape Businesses
The vaping sector faces numerous compliance issues in order to remain relevant, primarily because of the concerns about its impact and its appeal to younger consumers.
In addition, the vaping industry is constantly looking to innovate, thus it is imperative that businesses respect the law to protect their interests and that of their customers. In 2024, new regulations and laws concerning vaping will take effect, making it more difficult for vape companies to comply.
The following points address the difficulties vape businesses face in adhering to the new regulations, as well as the resources and cost required to do so.
- Vape Businesses Compliance Challenges
- Staying in line with FTC and FDA requirements.
- Putting age verification procedures in place to stop small-scale transactions.
- Navigating marketing constraints and flavor bans.
- Ensuring that product labels are accurate.
Resources and Costs required for Compliance
- Legal Support: Investing in legal counsel for legal and regulatory expertise.
- Age Verification Solution: Maintaining proper age verification solutions involves more steps alongside age-restricted technologies. Moreover, companies also require additional constant investments for fraud prevention, user support, and maintaining compliance.
- Product Certification and Testing: Obtaining new certificates and carrying out testing periodically to meet safety standards.
- Operational Expenses: Expenses related to lab costs, testing facilities, and certification procedures.