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. Miami 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 City of Miami 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, which limit which e-cigarette flavors may be legally marketed nationally. Miami'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.
Miami, FL
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Miami, FL
Federal Tobacco 21 law and Florida Statute 569.0073 prohibit selling cigarettes, cigars, vapes, and nicotine products to anyone under 21. Miami enforces both...
Miami, FL
Vape and tobacco retailers in Miami are licensed by Florida's Division of Alcoholic Beverages and Tobacco (DBPR-ABT) under Chapter 569. The City of Miami iss...
See how Miami's flavored tobacco bans rules stack up against other locations.
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