Indiana Statewide Rule
Indiana Flavored Tobacco and Vape Product Rules
Key Facts
- Rule
- No statewide flavor ban under IC 7.1-7
- Menthol
- Menthol and flavored cigars remain legal
- Federal rules
- FDA rules still apply to vapor
- Retailer certificate
- Required under IC 7.1-7-4
- Local authority
- Limited by state licensing framework
Summary
Indiana does not impose a statewide ban on flavored tobacco or vape products, leaving sales of menthol and flavored e-liquid permitted under federal labeling and Indiana licensing laws.
(b) A manufacturing facility shall comply with the following requirements: (1) An e-liquid container must use a child proof cap that has the child resistant effectiveness set forth in the federal poison prevention packaging standards, 16 CFR 1700.15(b)(1). (2) An e-liquid container must use a tamper evident package. The tamper evident package feature must be designed to and remain intact when handled in a reasonable manner during the manufacture, distribution, and retail display of the e-liquid container. (3) The label on an e-liquid container must meet the nicotine addictiveness warning statement requirements set forth in 21 CFR 1143.3. (4) The manufacturer or retailer may not add an adulterated product to any e-liquid produced for sale in Indiana. (5) The manufacturer must submit to random site visits by the commission. (6) The manufacturer may: (A) own and control both the e-liquid manufacturing process and the bottling process; or (B) subcontract with another manufacturer for the performance of the e-liquid manufacturing service, the bottling services, or both services. However, both the manufacturer performing a service under clause (B) and the manufacturer for which the service is performed must meet the requirements of this article. (7) A manufacturer may use a flavoring, as defined by IC 7.1-7-2-12, as an ingredient in an e-liquid.
Full Breakdown
Indiana law under IC 7.1-7 does not prohibit flavored cigarettes, cigars, e-liquids, or other vapor products beyond the federal ban on most flavored cartridge-based e-cigarettes. Menthol cigarettes and flavored cigars remain legal for sale to adults 21 and older. Indiana law focuses on age restrictions, retailer certification, packaging, and the 15% wholesale vapor tax instead of flavor bans. Local governments are limited in adopting flavor bans because tobacco licensing is largely controlled by the state under IC 7.1-7-4. Federal FDA premarket authorization rules still apply to all e-liquid products.
Violations & Penalties
Selling unauthorized vapor products lacking FDA premarket authorization may result in federal enforcement; state penalties focus on age and licensing violations.
Frequently Asked Questions
Are flavored vape products legal in Indiana?
Can Indiana cities ban menthol or flavored tobacco?
Sources
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