Florida §877.111, enacted in 2022, expressly preempts local governments from banning or restricting the sale of flavored tobacco and nicotine products. Miami-Dade cannot prohibit menthol cigarettes, flavored vape pods, or flavored cigars. Federal FDA flavor rules continue to apply to cartridge-based e-cigarettes.
FL §877.111, signed into law in 2022, explicitly preempts municipalities and counties from regulating the marketing, sale, or delivery of tobacco products and nicotine dispensing devices, including flavor restrictions. Miami-Dade and its cities cannot ban menthol, mint, fruit, or candy flavors at local retailers. Federal FDA enforcement priorities still bar most flavored cartridge-based e-cigarettes (other than tobacco and menthol) and flavored disposables sold without authorization. Synthetic-nicotine flavored disposables remain widely sold despite FDA action. Local enforcement is limited to verifying state retail licensure and age compliance, not flavor content.
There are no local penalties for selling flavored tobacco; only federal FDA marketing-denial enforcement applies. State retailer license violations relate to age, not flavor.
See how Miami Beach's flavored tobacco bans rules stack up against other locations.
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