Complete List of U.S. States and Localities Restricting Flavored Tobacco Products (Updated April 2026)

The flavored tobacco landscape in the United States has shifted fast. As of April 2026, seven states have enacted statewide restrictions on flavored tobacco products, more than 420 local jurisdictions and three Native American tribes have followed suit, and an entirely new regulatory model , the PMTA product directory , has emerged in at least ten states.

That last part matters. A directory law doesn’t ban flavors by name. It creates a state-approved product list instead. If your vape isn’t on the list, you can’t sell it. Since most disposable brands lack FDA authorization, directory laws clear roughly 90% of flavored disposables from shelves without ever mentioning the word “flavor.”

Quick reference: Three types of restrictions

Type	What it does	States
Flavor ban	Prohibits sale of flavored tobacco/vape products (some include menthol, some don’t)	CA, MA, NJ, NY, RI, UT
PMTA directory	Creates state-approved product list; unlisted products illegal to sell	AL, FL, IA, KY, LA, NC, OK, UT, VA, WI
Origin ban	Bans vapes manufactured in specific countries	TX

Some states appear in multiple categories. Utah, for instance, has both a flavor ban and a PMTA directory law (currently delayed by court challenge).

States with statewide flavor bans

California

Bans nearly all flavored tobacco products. Limited exemptions for premium cigars (wholesale price of 12 dollars or more) and loose-leaf pipe tobacco. Hookah tobacco is allowed only in licensed 21+ hookah lounges.

SB 793 was enacted in August 2020 and took effect December 21, 2022, after voters upheld it at the ballot box. Starting January 1, 2025, products that create a “cooling sensation” , think ice flavors, frost, Arctic , are also prohibited. AB 573 (2025) gave the California Department of Tax and Fee Administration additional enforcement funding and seizure authority.

California’s law is one of only two statewide bans (along with Massachusetts) that include menthol cigarettes. Enforcement remains uneven outside major cities.

Massachusetts

First state to enact a comprehensive ban. Prohibits all flavored tobacco products, with exceptions only for on-site consumption in licensed smoking bars. Emergency e-cigarette restrictions began October 2019; full ban effective June 1, 2020.

Massachusetts has the densest local restriction network in the country, with 168 municipalities adding their own ordinances on top of the statewide law.

New Jersey

Bans the sale of all flavored e-cigarettes. Effective April 20, 2020. Does not cover menthol cigarettes or flavored cigars at the state level, though four localities (Hanover Township, Jersey City, Vineland, Westfield) have gone further with local ordinances.

New York

Bans the sale of all flavored e-cigarettes, except those granted FDA marketing authorization. Took effect May 18, 2020. In practice, no flavored e-cigarette has received FDA authorization, so the exemption is largely theoretical.

New York also enacted a PMTA directory law (effective December 2025) and increased vape excise taxes. Online sales of vaping products that contain liquid are prohibited statewide.

Rhode Island

Restricts the sale of flavored e-cigarettes. Emergency order in 2019, codified in March 2020. Originally exempted menthol , that exemption ended in 2025 under the state budget extension.

Six localities (Barrington, Central Falls, Johnston, Middletown, Providence, Woonsocket) have enacted additional local restrictions.

Utah

Restricts flavored e-cigarettes. Effective July 1, 2020. Originally exempted menthol and mint flavors. 2024 amendments removed those exemptions; as of January 1, 2025, restrictions apply to all retailers with no flavor exemptions.

Utah also passed a PMTA directory law, but it is currently delayed by a court challenge.

Maryland (partial)

Not a full statutory ban. In 2020, the state comptroller issued an enforcement action banning certain disposable flavored e-cigarettes. This is an administrative restriction, not legislation. It applies to specific products rather than all flavored tobacco. Montgomery County and several other localities have their own broader ordinances.

Some sources (including Washington Breathes) count Maryland as the seventh state with restrictions; others exclude it because the restriction is administrative rather than legislative. We note it here for accuracy.

A new category: PMTA directory laws

This is the fastest-growing regulatory trend in 2025-2026, and the original version of this article didn’t cover it. Directory laws don’t ban flavors by name. Instead, they create a state registry of vape products that are legal to sell. To get on the list, a manufacturer must show FDA compliance (either a granted marketing order or, in some states, a pending PMTA application).

Since most disposable vape brands , Geek Bar, Elf Bar, Lost Mary, RAZ, Flum , have no FDA authorization, directory laws effectively remove them from legal sale. That means the practical impact on flavored disposables is the same as a flavor ban, but the legal mechanism is different.

States with enacted PMTA directory laws:

State	Effective	Status	Key details
Alabama	2024	Enforcing	One of the earliest directory laws
Louisiana	2024	Enforcing	Directory targets disposable brands
Oklahoma	2024	Enforcing	Lists approved products only
North Carolina	May 2025	Enforcing	Removed ~7,000 products from shelves overnight
Wisconsin	July 2025	Enforcing (upheld April 2026)	Only ~284 products on approved list; heavy retailer fines
Florida	2025	Enforcing	NDD directory targets flavored disposables specifically
Kentucky	2025	Enforcing	PMTA-based certification required
Virginia	2025	Enforcing	Directory with certification mandates
Iowa	2024	Delayed (court challenge)	Passed but implementation blocked by litigation
Utah	2024	Delayed (court challenge)	Overlaps with flavor ban; court has not ruled yet

The Wisconsin law survived a federal court challenge in April 2026. North Carolina’s law survived a similar challenge in 2025. These rulings are creating legal precedent that makes directory laws harder to overturn. (Alabama public vaping ban proposal) (Alabama vape law analysis)

What this means in practice: If you walk into a vape shop in Wisconsin, you can legally buy about 284 products. In North Carolina before the directory, that number was closer to 7,000. The gap is almost entirely flavored disposables.

States with origin bans

Texas

SB 2024, signed June 20, 2025, effective September 1, 2025. This is the only state law that targets the country of manufacture rather than the flavor.

The law bans the sale of e-cigarettes manufactured in China or other countries designated as “foreign adversaries.” It also prohibits vapes designed to look like food, school supplies, or cartoon characters, and bans all cannabinoid (THC, Delta-8, CBD) vape products.

Refillable devices and US-made e-liquids in all flavors remain legal. The practical impact: most disposable brands (Geek Bar, Elf Bar, Lost Mary) are Chinese-made and are now illegal in Texas. American-made e-liquids for refillable devices are unaffected.

Other states with partial measures

• Maine: Prohibits sales of non-premium flavored cigars. Eight localities have broader restrictions.
• Michigan: Considering specific bans on disposable devices (pending legislation as of April 2026).
• Connecticut: Pending comprehensive flavor ban legislation in 2026 session.
• Maryland: Administrative restriction on certain disposable flavored e-cigs (not statutory). Several localities have broader ordinances.

Local restrictions

More than 420 jurisdictions and three Native American tribes have enacted flavored tobacco laws as of December 31, 2025 (Truth Initiative Q4 2025 report). Of those, 171 have fully comprehensive policies that prohibit sales of all flavors across all products, including menthol.

The Americans for Nonsmokers’ Rights Foundation counts 320 municipalities as of January 1, 2026. The discrepancy comes from different counting methods , Truth Initiative includes counties and tribes, while ANR focuses on municipalities.

California (148+ localities)

Los Angeles (city and county), San Francisco, Oakland, San Jose, Long Beach, Sacramento (city and county), Santa Clara County, Pasadena, Berkeley, Palo Alto, Beverly Hills, West Hollywood, and dozens of smaller municipalities.

California local ordinances generally mirror or exceed the statewide ban. Many were enacted before SB 793 took effect and remain in force.

Colorado (13 localities)

Aspen, Boulder, Denver, Breckenridge, Carbondale, Dillon, Edgewater, Frisco, Glenwood Springs, Golden, Keystone, Silverthorne, Snowmass Village.

Georgia (1 locality)

Watkinsville.

Illinois (4 localities)

Chicago, Cook County, Evanston, River Forest. Chicago’s ordinance is one of the most studied local flavor bans in the country.

Maine (8 localities)

Bangor, Bar Harbor, Brunswick, Falmouth, Hallowell, Rockland, Portland, South Portland.

Maryland (multiple localities)

Montgomery County, Prince George’s County, and others have local ordinances that go beyond the state’s administrative restrictions.

Massachusetts (168 localities)

Boston, Cambridge, Worcester, Springfield, Brookline, Somerville, Lowell, Newton, Lynn, and more than 150 additional towns and cities. Massachusetts has the most local flavor restrictions of any state.

Minnesota (33 localities)

Minneapolis, St. Paul, Duluth, Moorhead, Bloomington, Golden Valley, Richfield, Shakopee, St. Louis Park, Robbinsdale, and counties including Hennepin, Clay, Rice, and Traverse.

New Jersey (4 localities)

Hanover Township, Jersey City, Vineland, Westfield.

New York (2 localities)

New York City, Yonkers. (Statewide ban covers e-cigarettes only; local ordinances can extend to menthol cigarettes and cigars.)

North Dakota (2 localities)

Cando, Valley City.

Ohio (5 localities)

Columbus, Toledo, Bexley, Worthington, Grandview Heights.

Oregon (2 localities)

Multnomah County, Washington County.

Pennsylvania (1 locality)

Philadelphia. The city banned flavored nicotine products including menthol. This is notable because Pennsylvania has no statewide flavor restriction.

Rhode Island (6 localities)

Barrington, Central Falls, Johnston, Middletown, Providence, Woonsocket.

Washington, D.C.

The District of Columbia has enacted restrictions on flavored tobacco products.

Washington state (no statewide ban, active local efforts)

No statewide flavor ban has passed despite multiple legislative attempts (2019 executive order, 2020 SB 6254, 2021 HB 1345, 2022 SB 5768). Local ordinances fill some of the gap, but as of April 2026, Washington remains without comprehensive state-level action.

Why these restrictions matter

Youth prevention. More than 80% of youth who have used a tobacco product started with a flavored product, according to Truth Initiative. Flavors mask the harshness of nicotine and make initiation easier. The 2024 National Youth Tobacco Survey found that 97% of youth who vape use flavored products.

Equity. Menthol products have disproportionately harmed African American communities. Decades of targeted marketing by the tobacco industry entrenched menthol cigarette use in Black neighborhoods. The 2024 Surgeon General’s Report on Health Disparities identified menthol restrictions as an equity imperative.

Public health outcomes. The 2020 Surgeon General’s Report found that cities and states with flavor restrictions saw decreased odds of residents , including young people , using any tobacco product or trying flavored products. Economic analyses in Massachusetts, New York, and Rhode Island found no significant reduction in the number of convenience stores, tobacco shops, employees, or wages after flavor bans took effect.

What’s coming in 2026-2027

Several states have pending legislation:

• Maryland and Connecticut are considering comprehensive flavor bans
• Louisiana and Missouri are moving toward directory systems
• Michigan is considering bans on disposable devices specifically
• Court challenges to PMTA directory laws in Iowa and Utah could set additional precedent

The directory model is the one to watch. It achieves flavor restriction outcomes without the political friction of an explicit flavor ban, and it has survived every court challenge so far. Expect more states to adopt this approach in 2027.

FAQ

Are flavored vapes legal in my state?

If you live in California, Massachusetts, New Jersey, New York, Rhode Island, or Utah, flavored e-cigarettes are banned statewide. If you live in a directory state (Wisconsin, North Carolina, Florida, etc.), most flavored disposables are illegal because they aren’t on the state-approved list. If you live in Texas, Chinese-made disposables are banned regardless of flavor. Check your local ordinances too , many cities have restrictions that go beyond state law.

What’s the difference between a flavor ban and a PMTA directory?

A flavor ban says “you can’t sell flavors.” A directory says “you can only sell products on this list.” The list only includes products with FDA authorization. Since almost no flavored disposable has FDA authorization, the result is the same. But the legal mechanism is different, and directory laws have proven harder to challenge in court.

Can I still buy flavored vapes online?

The PACT Act requires online sellers to register with the ATF and state tax administrators. Major carriers (FedEx, UPS) have largely stopped shipping vape products. If you live in a ban state, most legitimate online vendors will block your order at checkout. In less restrictive states, online orders may still be possible with adult signature verification.

Do these laws apply to refillable devices?

Generally, no. Most flavor bans and directory laws target pre-filled disposable products. Refillable hardware and bottled e-liquids are typically exempt or fall into a different regulatory category. Texas SB 2024 explicitly preserves the legality of refillable devices and US-made e-liquids.

Is menthol included?

Depends on the state. California and Massachusetts include menthol in their statewide bans. New Jersey, New York, Rhode Island, and Utah initially exempted menthol but have since removed or are removing those exemptions. Directory laws don’t mention menthol , they restrict products by FDA status, not flavor category.

Has any flavor ban been overturned?

No. Every court challenge to a state or local flavor restriction law has been upheld. Voters have also rejected every ballot initiative funded by the tobacco industry to repeal flavor restrictions (San Francisco 2018, California 2022).

Sources

• Truth Initiative, “Local restrictions on flavored tobacco and e-cigarette products,” February 2026 (data as of December 31, 2025)
• Americans for Nonsmokers’ Rights Foundation, “Municipalities Prohibiting the Sale of Flavored Tobacco Products,” updated January 1, 2026
• Campaign for Tobacco-Free Kids, “Ending the Sale of Flavored Tobacco Products”
• Washington Breathes, “Policies to End the Sale of Flavored Commercial Tobacco”
• Ecigator, “US Vape Ban Map 2026: Which States Ban Flavors & Disposables?”
• Wisconsin Department of Revenue, Electronic Vaping Device Directory
• North Carolina Department of Revenue, Vapor Certification Directory
• Texas Legislature, SB 2024 (effective September 1, 2025)
• California Department of Public Health, “California Prohibits Retailers from Selling Flavored Tobacco Products”
• Nicotine Insider, “Court Upholds Wisconsin Unauthorized Vapes Ban,” April 23, 2026

Last updated: April 30, 2026. This article is reviewed and updated quarterly. Laws change frequently , always verify current regulations with your state and local government before making purchasing decisions.

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