Florida Statutes 569.0025 and 569.315 preempt regulation of the marketing, sale, and delivery of tobacco and nicotine products to the state, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at retail.
Florida law does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Sections 569.0025 and 569.315 preempt the marketing, sale, and delivery of tobacco products, 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 flavor bans would conflict with the express preemption.
Local flavor bans inconsistent with FS 569.0025 and 569.315 are unenforceable; federal flavor restrictions are enforced by the FDA, not local governments.
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