State Flavor Ban Laws
|Non-Restricted States||Flavor Ban States|
Alphabetically by State with restrictions of some kind on the books;
RED = FULL Flavor Ban In Effect
- Leaders at the state’s public health department are asking the General Assembly to ban flavored tobacco and vaping products during the upcoming legislative session.
- Barbara Walsh, a program manager at the state’s public health agency, made a formal recommendation to legislators that they take up the issue when the legislative session begins Feb 5. The proposal is backed by Renee D. Coleman-Mitchell, Connecticut’s health commissioner.
- Florida Senate Bill 810 (SB 810) passed on March 12, 2020. Still needs Governor signature but passed with overwhelming majority with huge support from Florida Smoke-Free Coalition
- Effective Date: 10/1/2020
- Among other things, Prohibits any person from selling, delivering, bartering, furnishing, or giving flavored liquid nicotine products to any other person
- Full bill can be found in PDF form by clicking here
Massachussetts (MA) - H4196
- All "finished product" flavored e liquids containing nicotine banned except tobacco and menthol flavors
- Pur-Juice products are shipped un-mixed and are not a "finished product", which is what this legislation specifically prohibits
- The full bill can be found in PDF form here or you can read the important part below:
- Court of Claims Judge Cynthia Stephens blocked Michigan flavor ban
- Cited evidence that adults may revert to using even more harmful tobacco products
- Argued states delayed implementation undercut argument that an actual health emergency was what prompted flavor ban
- “This is not a final order and it neither resolves the last pending claim nor closes the case.”
- All finished-product flavored e liquids containing nicotine banned except tobacco and menthol flavors
- A 120-day ban took effect on October 22, 2019. This current ban will expire on April 22, 2020
- Tobacco flavored cartridges, pods and e juices are still permitted
New Jersey (NJ) - S3265
- The full bill can be found in PDF form here.
- Ban applies to liquid nicotine that has any "characterizing flavor"
- Pur-Juice sends each ingredient to you separately, preserving the unflavored integrity of the nicotine in its original, pure form. This allows us to ship our product to customers in NJ
New York (NY)
- UPDATE April, 4, 2020 - Governor Cuomo signs the NYS FY 2021 Budget on 4/3/20 which includes the legislation outlined below banning all finished flavored e liquid products except menthol and tobacco. Ban is expected to take effect July 1, 2020 (which was already the expected date of the NYC flavor ban proposed by Mayor Bill DeBlasio to take effect).
- February 20, 2020 - Governor Cuomo Launches Campaign to Ban Flavored Nicotine Vaping Products and Restrict Vaping Ads Aimed at Youth
- Launches New Hashtag #NoVapeNY, Petition and New Website to Encourage New Yorkers to Show Their Support for Anti-Smoking and Anti-Vaping Legislation
- Specifics include:
Banning the Sale of Flavored Nicotine Vaping Products
The Governor introduced legislation banning the sale of all flavored nicotine vaping products, including menthol
Restrict Vaping Ads Targeted to Youth
The Governor's legislation will restrict vaping-related ads targeted to youth, including those in more traditional forms of advertising such as newspapers and magazines, as well as in digital formats in periodicals, social media and on websites with significant youth viewership. Advertisers will also not be allowed to make vaping product safety claims or pitch vaping products as smoking cessation options without FDA-approval.
Limit Online Sale of Vaping Products
The Governor will advance legislation restricting the online, phone and mail order sale of e-liquids and e-cigarettes only to licensed vaping product retailers. Only registered retailers would be allowed to purchase e-cigarettes using those methods.
Ban Harmful Unregulated Carrier Oils
Essentially, Governor Cuomo has ignored all of the findings by the CDC and others that the Vitamin E acetate that was responsible for the hospitalizations and deaths mentioned below came from illegal, black-market THC cartridges. He or more likely those feeding him this misinformation are also saying that said Vitamin E acetate is used in nicotine e liquids and to the best of my knowledge, this has never been the case. Reason is simple, why would anyone use Vitamin E acetate in nicotine e liquid when the four ingredients that are used to make legitimate nicotine e liquid are less expensive than the Vitamin E acetate? They wouldn't. This only makes sense when the Vitamin E acetate is used to dilute the THC oil as Vitamin E acetate is much less expensive than THC oil. So, the story being fed to everyone by the Governor and the media just doesn't add up. Anyone with any logic should question why anyone would do what the Governor is saying they are with nicotine e liquid. Here is what the website has to say:
"Following the alarming number of hospitalizations and deaths involving patients who had reported a history of using e-cigarettes or vaping products, Vitamin E acetate — which is sometimes used as an e-liquid diluent — has been identified as a chemical of concern. In order to quickly respond to the proliferation of these dangerous, untested and unregulated chemicals used in vaping related products, the Governor will also advance legislation to empower the Department of Health to ban the sale of vaping carrier oils that include chemicals or ingredients that when inhaled through a vaping device are deemed to be dangerous and a significant public health risk."
Finally, Governor Cuomo has this to say - "This is a scourge on our state and our nation: if these chemicals don't kill you, you wind up addicted to nicotine." My God. The horror ;)
New York City (NYC)
With the new New York State flavor ban expected to take effect July 1, 2020, the separate New York City flavor ban will likely become moot.
- The New York City Council voted 42-2 to adopt the ban on flavored vaping products on November 26, 2019.
- Mayor DeBlasio supports this measure and it is expected to be implemented in July 2020, however, it is likely it will face legal challenges.
- Six-month ban on flavored vaping products passed in October 2019.
- An Appellate Court placed temporary stay on the e liquid flavor ban citing government overreach
Rhode Island (RI)
- As of 3/28/20, there is a PERMANENT ban on all finished-product flavored e liquids containing nicotine except tobacco and menthol flavors
- Tobacco flavored cartridges, pods and e juices still permitted
- All vape and vapor products are prohibited
- Ordinance signed by Mayor of July 1st, 2019
- District Court Judge Keith Kelly overturned Utah’s emergency rule to ban flavored vaping products.
- The rules imposed by the Utah Department of Health are no longer in effect while the lawsuit continues.
- The Utah Department of Health said it will take public comment on it until February 28th