Phoenix has no local flavored tobacco or vape ban. A.R.S. Section 36-798.08 declares the sale and marketing of tobacco, alternative nicotine, and vapor products to be a matter of statewide concern and preempts local regulation. Arizona itself has banned the retail sale of flavored vapor products other than tobacco and menthol statewide.
There is no City of Phoenix ban on flavored tobacco, flavored cigars, or flavored e-cigarette/vape products. A.R.S. Section 36-798.08 expressly preempts local regulation of the sale and marketing of these products. The applicable flavor restrictions in Phoenix come from a combination of state and federal law: (1) the State of Arizona has banned the sale of flavored vapor products other than tobacco and menthol, (2) the federal Family Smoking Prevention and Tobacco Control Act bans characterizing flavors other than tobacco and menthol in cigarettes, and (3) the U.S. Food and Drug Administration limits cartridge-based (pod-style) e-cigarettes to tobacco and menthol flavors. None of these are City of Phoenix rules.
Because A.R.S. Section 36-798.08 preempts local flavor regulation, no City of Phoenix citation can be issued for selling flavored tobacco or vape products beyond what state and federal law restrict. The Arizona flavor restriction is enforced by the Arizona Department of Liquor Licenses and Control and the Arizona Attorney General, and federal flavor rules are enforced by the U.S. Food and Drug Administration.
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