The City of Miami has no enforceable local flavored tobacco or vape ban. Fla. Stat. Section 569.0025 and Section 569.315 preempt to the state of Florida the regulation of the marketing, sale, or delivery of tobacco and nicotine products. The only flavor restrictions in effect in Miami come from federal law: the FDA limits cartridge-based e-cigarettes to tobacco and menthol flavors, and federal law bans characterizing flavors other than tobacco and menthol in cigarettes.
There is no enforceable City of Miami ban on flavored tobacco, flavored cigars, or flavored e-cigarette/vape products. Under Fla. Stat. Section 569.0025 (tobacco) and Section 569.315 (nicotine), the Florida Legislature has expressly preempted local regulation of the marketing, sale, or delivery of these products. Miami-Dade County previously considered local flavor restrictions, but state preemption controls and any local flavor ban would be invalid as a matter of state law. The applicable flavor restrictions are federal: the U.S. Food and Drug Administration limits cartridge-based (pod-style) e-cigarettes to tobacco and menthol flavors, and the federal Family Smoking Prevention and Tobacco Control Act prohibits characterizing flavors other than tobacco and menthol in cigarettes. Florida has also adopted a state-administered disposable-vape registry that effectively restricts which flavored disposables can be sold, but this is a state, not city, regulatory regime.
Because Florida law preempts local flavor regulation, no City of Miami citation can be issued for selling flavored tobacco or flavored vape products beyond what state and federal law restrict. Federal flavor rules 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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