Florida Statute 386.2125 preempts local regulation of nicotine products and dispensing devices, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at the retail level.
Florida law does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Section 386.2125 preempts the marketing, sale, and delivery of nicotine products and dispensing devices to the state, so local governments cannot prohibit flavored e-liquids, menthol cigarettes, or flavored cigars. Federal Family Smoking Prevention and Tobacco Control Act standards still apply through the FDA. Florida retailers must comply with state licensing under Chapter 569 and Section 877.112. Local efforts to enact flavor bans have been challenged and would conflict with the express preemption.
Local flavor bans inconsistent with FS 386.2125 are unenforceable; federal flavor restrictions are enforced by the FDA, not local governments.
Ormond Beach, FL
Ormond Beach regulates noise and nuisances under Chapter 14 (Offenses) of the Code of Ordinances. The city follows standard Volusia County noise standards. N...
Ormond Beach, FL
Ormond Beach specifically defines nuisance animal noise under Chapter 5, Sec. 5-10. Barking, howling, or making noise for two or more continuous intervals of...
Ormond Beach, FL
Ormond Beach regulates construction noise through its Code of Ordinances and Land Development Code performance standards (Chapter 3). Volusia County noise st...
Ormond Beach, FL
Ormond Beach regulates parking through its Code of Ordinances and Land Development Code. The LDC requires paved surfaces for parking (Section 1-22 defines pa...
Ormond Beach, FL
Ormond Beach restricts commercial vehicle parking in residential zones through its Land Development Code. Large commercial vehicles are not permitted in resi...
Ormond Beach, FL
Ormond Beach requires driveways to be 3 feet from side property lines and meet LDC paving standards. Driveways require a permit and a survey showing the loca...
See how Ormond Beach'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 If you notice an error or outdated information, let us know.