Does Madison, WI have its own flavored tobacco bans ordinance?

No. Madison, WI does not appear to have a local flavored tobacco bans ordinance, Wisconsin state law applies instead. The rules summarized on this page come from Wis. Stat. §134.66.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Madison

Madison, WI Tobacco & Vaping: Flavored Tobacco Bans (2026)

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Federal floor: Cartridge flavors banned
Wisconsin flavor ban: None statewide
Local authority: Ch. 41 conditional
Preemption risk: Active legal debate

Summary

Madison can restrict flavored tobacco and vape sales through its Ch. 41 retail-licensing authority, but a full flavor ban faces preemption questions under Wis. Stat. §134.66 and ongoing legal debate.

134.66 Restrictions on sale or gift of cigarettes or nicotine or tobacco products. [...] (5) Local ordinance. A county, town, village, or city may adopt an ordinance regulating the conduct regulated by this section only if it strictly conforms to this section. A county ordinance adopted under this subsection does not apply within any town, village, or city that has adopted or adopts an ordinance under this subsection. If a county, town, village, or city conducts unannounced investigations of retail outlets, as defined in s. 254.911 (5), to determine compliance with an ordinance adopted under this subsection, as authorized under s. 254.916 (1), the investigations shall meet the requirements of s. 254.916 (3) (a) to (f) and any standards established by the department of health services under s. 254.916 (1) (b). [Annotation] The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac, 199 Wis. 2d 333, 544 N.W.2d 589 (Ct. App. 1996), 95-0213.

Source: Wis. Stat. §134.66View official code

Full Breakdown

Federal law bans most flavored cigarettes except menthol, and FDA action has restricted certain flavored e-cigarette cartridges. Massachusetts and several California cities have passed comprehensive flavor bans; Wisconsin has not. Madison's authority to ban flavored vape or menthol tobacco rests on its Ch. 41 retail-licensing power, but Wisconsin Manufacturers & Commerce has signaled likely preemption challenges if Madison adopts a full ban under the §134.66 framework. The Common Council has explored buffer-zone and license-condition approaches that target youth-marketed products without an outright ban. PHMDC tracks youth vape data through the Wisconsin Youth Risk Behavior Survey to inform policy.

Violations & Fines

Selling federally banned flavored cartridges or violating future Madison flavor restrictions can lead to license revocation, fines, and FDA enforcement actions including seizure of inventory.

Frequently Asked Questions

Has Madison banned flavored vapes?

Not as of 2026. The Common Council has discussed it but faces likely preemption challenges under Wis. Stat. §134.66. Federal cartridge restrictions still apply citywide.

Why is menthol still sold in Madison?

Federal law exempts menthol cigarettes from the flavor ban, and Wisconsin has not passed a state restriction. Local menthol bans face the same preemption questions as broader flavor rules.

Sources & Official References

[1]Wis. Stat. §134.66

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