Florida Preempts Local Flavored Tobacco and Vape Bans

Florida law does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Section 386.2125 preempts the marketing, sale, and delivery of nicotine products and dispensing devices to the state, so local governments cannot prohibit flavored e-liquids, menthol cigarettes, or flavored cigars. Federal Family Smoking Prevention and Tobacco Control Act standards still apply through the FDA. Florida retailers must comply with state licensing under Chapter 569 and Section 877.112. Local efforts to enact flavor bans have been challenged and would conflict with the express preemption.

Local flavor bans inconsistent with FS 386.2125 are unenforceable; federal flavor restrictions are enforced by the FDA, not local governments.