Flavored Tobacco Bans

Arkansas does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Sales of flavored products remain…

California bans retail sale of most flavored tobacco products statewide under Health and Safety Code 104559.5, enacted by SB 793 (2020) and upheld by voters via Proposition 31 in…

Washington, DC prohibits selling, distributing, or offering any flavored tobacco product or flavored electronic smoking device, including menthol, mint, and every fruit or candy…

Hawaii has no statewide ban on flavored tobacco or vape products, but the City and County of Honolulu and other county governments have considered or adopted local restrictions…

Idaho does not ban flavored tobacco or vapor products at the state level, and local flavor bans face significant preemption questions under the statewide tobacco licensing framework in…

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.

Kentucky has not enacted a statewide ban on flavored tobacco or vapor products. Sales remain lawful for buyers 21 and older, with limited authority for local boards of health to…

Louisiana does not prohibit flavored tobacco or vapor products statewide, but limits sales to registry-approved electronic nicotine devices and bars youth-targeted marketing.

Maine has no statewide flavor ban, but several municipalities have adopted local restrictions on flavored tobacco and vape sales using their public health authority.

Massachusetts became the first state to ban all flavored tobacco products, including menthol cigarettes and flavored vapes, under M.G.L. c. 270 § 28, effective June 1, 2020.

Michigan currently has no statewide ban on flavored tobacco or vape products; an attempted 2019 emergency ban was struck down in court.

Minnesota does not impose a statewide flavored tobacco ban, but Minn. Stat. 461.12 authorizes cities and counties to adopt stricter local rules including restrictions on menthol and…

Mississippi has not enacted a statewide ban on flavored tobacco or vapor products, and its Title 97 Chapter 32 framework governs uniform tobacco regulation without authorizing local…

Nevada has no statewide ban on flavored tobacco or vapor products, leaving flavor regulation primarily to federal FDA authority and limited local action.

New Jersey bars retail sale of flavored electronic smoking devices and liquid nicotine, every characterizing flavor except tobacco, under N.J.S.A. 2A:170-51.12, effective April 20…

New Mexico has not enacted a statewide ban on flavored tobacco or flavored vape products, leaving local governments authority to impose their own restrictions on flavored products.

New York prohibits the sale of flavored vapor products statewide under Public Health Law § 1399-mm-1, allowing only tobacco-flavored e-liquid for legal retail sale.

North Carolina has not enacted a statewide flavored tobacco or flavored vape ban, and no state law authorizes local governments to ban flavored tobacco products, leaving flavor rules…

North Dakota does not ban flavored tobacco, menthol cigarettes, or flavored vapes. Retail sales are governed by NDCC 12.1-31-03 (age and access) and dealer licensing under NDCC chapter…

Ohio Revised Code 9.681, enacted in 2024 when lawmakers overrode a veto of budget bill HB 33, preempts local flavored tobacco and vapor product regulation, but courts have blocked it…

Oregon has no statewide flavored tobacco ban, but ORS 431A.190 authorizes counties and cities to adopt stricter local tobacco rules.

Pennsylvania does not currently impose a statewide ban on flavored tobacco or menthol cigarettes, though federal FDA marketing rules restrict which flavored vape products and…

Rhode Island bans the sale of flavored electronic nicotine-delivery system products other than tobacco flavor through a Department of Health regulation, and enforces the federal…

South Carolina has not enacted a statewide ban on flavored tobacco or vapor products, and local flavor bans face preemption challenges under state tobacco law.

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…

As of March 25, 2025, Utah bans selling electronic cigarette products with any characterizing flavor other than tobacco or menthol. The ban applies to all retailers, and every vape…

Washington has not enacted a statewide flavored tobacco ban, leaving flavor restrictions to limited Department of Health authority and federal FDA enforcement on flavored vapor…

Wisconsin has not enacted a statewide ban on flavored tobacco or vapor products; sales of menthol cigarettes and flavored e-cigarettes remain lawful under Wis. Stat. 134.66 subject to…