Florida Statute 386.2125 preempts local regulation of nicotine products and dispensing devices, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at the retail level.
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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cape Coral, FL
Cape Coral §12-22 (Noise Control Ordinance, amended Dec 2019) prohibits noise plainly audible at 50 feet between 11 PM and 7 AM from any radio, TV, musical i...
Cape Coral, FL
Cape Coral Land Development Code Section 5.2.7 limits residential fences in the front setback, allows up to 6 feet in side and rear yards, and requires open ...
Cape Coral, FL
Dogs in Cape Coral must be under direct control on a leash not exceeding 8 feet in length under Lee County Animal Control Ordinance. Cape Coral Code Chapter ...
Cape Coral, FL
Cape Coral generally allows lawn ornaments, statues, flamingos, garden gnomes, and similar decorative items without a permit. Cape Coral Code Section 5.5.13 ...
Cape Coral, FL
Inflatable holiday displays (giant snowmen, Halloween figures, Easter bunnies) are not specifically regulated by Cape Coral's Code of Ordinances and are gene...
Cape Coral, FL
Cape Coral does not have a dedicated holiday-light ordinance and treats seasonal lighting as a normal residential accessory use, generally allowed without a ...
See how Cape Coral's flavored tobacco bans rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.