Florida Statute §877.111, enacted in 2024, preempts all local flavor bans on tobacco, vape, and nicotine products. Tampa cannot prohibit flavored e-cigarettes, menthol cigarettes, or flavored cigars. State and federal law control entirely.
FL §877.111 was passed in 2024 to block local flavor bans following efforts in several Florida municipalities to restrict menthol and flavored vape sales. The statute reserves all regulation of flavored tobacco, nicotine, and vapor products to the state, voiding any conflicting local ordinance. Tampa cannot ban menthol cigarettes, flavored cigars, or flavored e-cigarettes/vape juice. The federal FDA still requires premarket authorization for vape flavors, and most non-tobacco/non-menthol flavored vape pods cannot be legally sold without FDA marketing orders — but enforcement is federal, not local. Tampa retailers must comply with FDA flavor restrictions on cartridge-based e-cigarettes (no fruit/dessert flavors except menthol/tobacco) but face no city flavor ordinance.
Any Tampa flavor ban would be invalid and unenforceable. FDA enforcement is the only mechanism for vape flavor compliance.
See how Tampa's flavored tobacco bans rules stack up against other locations.
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