Tennessee Statewide Rule
Tennessee Flavored Tobacco and Vape Preemption
Key Facts
- Statewide Ban
- No flavor ban menthol
- Vape Products
- No restriction
- Code Authority
- T.C.A. 39-17-1504
- Local Bans
- Generally preempted
- FDA Restrictions
- Still apply cartridge
Summary
Tennessee does not impose a statewide flavor ban on tobacco or vape products, and local flavor bans are generally preempted by uniform state licensing under Title 39, Chapter 17, Part 15.
(a) The general assembly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, or vapor products or smokeless nicotine products enacted or promulgated after July 1, 2021, by any agency or political subdivision of this state or any agency thereof is void; provided, that cities, counties, and counties having a metropolitan form of government may regulate the use of tobacco products or vapor products in buildings owned or leased by the political subdivisions; and provided further, that airport authorities created pursuant to title 42; utility districts created pursuant to title 7; and special school districts may regulate the use of tobacco products, smokeless nicotine products, or vapor products in buildings owned or leased by the entities. Notwithstanding any law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall retain the right to determine the policy on the use of tobacco products or vapor products within the person's establishment.
Full Breakdown
Tennessee has not enacted a statewide ban on menthol cigarettes or flavored vape products. Tobacco regulation under T.C.A. 39-17-1504 establishes uniform statewide standards governing sales, signage, and age verification. Cities and counties have limited authority to impose product-specific bans because tobacco distribution and licensing are heavily regulated at the state level. Federal Food and Drug Administration rules separately restrict certain flavored cartridge products, but state law continues to permit other flavored products consistent with federal standards.
Violations & Penalties
Retailers selling restricted FDA-prohibited flavored cartridges may face federal enforcement; state penalties focus on age and licensing violations rather than flavor.
Frequently Asked Questions
Are flavored vapes legal in Tennessee?
Can Memphis or Nashville ban menthol cigarettes?
Sources
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