Florida Statute Section 877.111 expressly preempts municipalities from regulating the marketing, sale, or distribution of tobacco products based on flavor. Orlando cannot ban menthol cigarettes or flavored vapes regardless of public health interest.
FL §877.111 was strengthened in 2022 to expressly preempt all local regulation of flavored tobacco and nicotine products, after Florida cities including Surfside attempted local menthol and flavored vape bans following federal FDA delays. The state preemption is total: Orlando cannot ban menthol cigarettes, flavored cigars, fruit-flavored e-liquid, or candy-flavored vape pods. The city also cannot impose marketing restrictions, point-of-sale display rules, or licensing differentials based on flavor. Federal FDA authority over tobacco product standards remains; FDA partial flavored vape enforcement and the 2022 menthol cigarette proposed rule operate separately from state preemption. Orlando is limited to age-21 enforcement and voluntary education campaigns through Orange County DOH.
Orlando cannot enforce any local flavored-tobacco ban. Attempted enforcement faces preemption challenge under FL §877.111 and likely civil rights claims by retailers.
Orlando, FL
Florida Statute Section 877.112, enacted by SB 1080 in 2021, requires retailers to verify age 21 for all tobacco and nicotine product sales. Orlando retailer...
Orlando, FL
Florida vape and e-cigarette retailers must hold a Retail Tobacco Products Dealer permit from the Division of Alcoholic Beverages and Tobacco under FL §569.0...
See how Orlando's flavored tobacco bans rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.