Nashville has no local flavored tobacco or vape ban. Tenn. Code Ann. Section 39-17-1551 expressly preempts the entire field of tobacco, smokeless nicotine, and vapor product regulation, so the city has no legal authority to enact a flavor ban. The applicable flavor restrictions are federal FDA rules.
There is no Metro Nashville-Davidson County ban on flavored tobacco, flavored cigars, or flavored e-cigarette/vape products. Tenn. Code Ann. Section 39-17-1551 expressly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products, voiding any local ordinance enacted after March 15, 1994 (tobacco) or July 1, 2021 (vapor and smokeless nicotine). The applicable flavor restrictions in Nashville come from federal law: 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. Federal Tobacco 21 sets the minimum sales age at 21, enforced in Tennessee by the state Department of Mental Health and Substance Abuse Services.
Because Tennessee law preempts local flavor regulation, no Metro Nashville citation can be issued for selling flavored tobacco or vape products beyond what state and federal law restrict. Federal flavor rules are enforced by the U.S. Food and Drug Administration, and state retailer compliance is enforced by the Tennessee Department of Revenue.
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