Florida Statute 569.0073(8) and 877.111 preempt the field of tobacco and nicotine product marketing, sale, and content to the state, voiding any city flavor ban. Jacksonville has no menthol, fruit, or candy-flavored vape ban; only federal FDA rules apply.
Senate Bill 1006 (2024) added Section 569.0073(8) expressly preempting local regulation of the marketing, sale, and delivery of tobacco products and nicotine dispensing devices to the state, blocking city flavor bans. Section 877.111 separately preempts nicotine-product regulation. The consolidated City of Jacksonville-Duval County has therefore not enacted a menthol or flavored-vape prohibition, unlike some California and Massachusetts cities. The only flavor-related restrictions in force are FDA's federal premarket authorization rules limiting which e-cigarette flavors may be legally marketed nationally. Jacksonville's role is limited to enforcing state law via Code Compliance referrals to DBPR.
City attempts to enforce a flavor ban would face declaratory and injunctive relief plus attorney-fee shifting. Retailers selling FDA-unauthorized flavored e-cigarettes can be fined or have stock seized by federal and state regulators.
Jacksonville, FL
Florida Statute 790.33 occupies the entire field of firearm and ammunition regulation, voiding any Jacksonville-Duval consolidated ordinance attempting to go...
Jacksonville, FL
Vape and tobacco retailers in Jacksonville are licensed by Florida's Division of Alcoholic Beverages and Tobacco (DBPR-ABT) under Chapter 569. Jacksonville i...
Jacksonville, FL
Federal Tobacco 21 law and Florida Statute 569.0073 prohibit selling cigarettes, cigars, vapes, and nicotine products to anyone under 21. Jacksonville enforc...
See how Jacksonville'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 If you notice an error or outdated information, let us know.