Jacksonville has no local flavored tobacco or vape ban. Fla. Stat. Section 569.0025 preempts to the state of Florida the regulation of the marketing, sale, or delivery of tobacco products, and Section 569.315 does the same for nicotine products. The only flavor restrictions in effect are the federal FDA rule limiting cartridge-based e-cigarettes to tobacco and menthol flavors.
There is no City of Jacksonville ban on flavored tobacco, flavored cigars, or flavored e-cigarette/vape products. The Florida Legislature has expressly preempted local regulation of the marketing, sale, or delivery of tobacco and nicotine products under Fla. Stat. Section 569.0025 (tobacco) and Section 569.315 (nicotine), so the city has no legal authority to enact a flavor ban. The applicable flavor restrictions in Jacksonville come from federal law: the U.S. Food and Drug Administration limits cartridge-based (pod-style) e-cigarettes to tobacco and menthol flavors, the federal Family Smoking Prevention and Tobacco Control Act prohibits characterizing flavors other than tobacco and menthol in cigarettes, and any vape product sold in Florida must comply with the state disposable-vape registry rules and FDA marketing-authorization requirements under federal Tobacco 21.
Because Florida law preempts local flavor regulation, no Jacksonville-issued citation can be issued for selling flavored tobacco or flavored e-cigarettes beyond what state and federal law restrict. Federal flavor restrictions are enforced by the U.S. Food and Drug Administration, and Florida state retailer compliance is enforced by the Florida Division of Alcoholic Beverages and Tobacco (ABT).
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