United StatesWhat States Are Banning Vapes in 2026? The Short Answer
No state has banned ALL vaping products, but many have enacted significant restrictions. The landscape in 2026 includes three main approaches:
- Flavor bans - California, Massachusetts, New Jersey, New York, Rhode Island (ban flavored products entirely)
- Directory systems - Wisconsin, North Carolina, Florida (restrict sales to listed/unlisted products)
- Origin bans - Texas (bans Chinese-manufactured disposables specifically)
- No major restrictions - ~20 states have minimal vaping-specific regulation beyond federal law
- Every state enforces the federal age of 21+
- The FDA's enforcement of PMTA requirements affects all states equally
The trend is clear: more states are restricting vapes each year, but the approaches vary significantly. Here's the full breakdown.
States That Banned Flavored Vapes
These states have enacted comprehensive bans on flavored vaping products:
Complete Flavor Bans (All Flavors Including Menthol)
| State | Law | Effective | What's Banned |
|---|---|---|---|
| California | SB 793 / Prop 31 | Dec 2022 (expanded Jan 2025) | All flavors including menthol; only UTL tobacco products legal |
| Massachusetts | Chapter 64 Section 2E | June 2020 | All flavored tobacco and vaping products |
| New Jersey | S3265 | April 2020 | All flavored e-cigarettes |
| Rhode Island | Executive Order / Legislation | 2020 | All flavored vaping products |
Partial Flavor Bans (Menthol Exempt or Limited)
| State | Law | Effective | What's Banned |
|---|---|---|---|
| New York | Executive Order / Legislation | May 2020 | All flavors except tobacco and menthol |
| Colorado | Proposition EE / HB 1064 | 2024 | Flavored nicotine products (some exemptions) |
| Oregon | HB 3090 | 2024 | Flavored inhalant delivery systems (menthol exempt) |
| Washington | SB 6006 | 2024 | Flavored vapor products (some exemptions) |
What a Flavor Ban Means in Practice
In flavor-ban states:
- Only tobacco-flavored (and sometimes menthol) products can be sold
- Refillable hardware is still legal (the device itself has no flavor)
- Unflavored e-liquid base is typically legal
- Black market activity increases significantly
- California's UTL system requires products to be on an approved list AND tobacco-flavored
States Using Directory Systems
Directory systems are the fastest-growing form of vape regulation. They restrict which specific products retailers can sell.
Approved-List Directories (Only Listed Products Are Legal)
| State | Directory | Products Listed | Effective |
|---|---|---|---|
| Wisconsin | Electronic Vaping Device Directory | ~284 | Sept 1, 2025 |
| North Carolina | NC DOR Vapor Products Directory | ~800 | July 1, 2025 |
| Alabama | Vapor Products Directory | Varies | 2025 |
| Louisiana | Directory (proposed) | TBD | Pending |
In these states, if a product is NOT on the directory, it's illegal to sell. This eliminates most disposable brands and small e-liquid companies, since they haven't applied or been approved.
Banned-List Directories (Only Listed Products Are Illegal)
| State | Directory | Approach | Effective |
|---|---|---|---|
| Florida | NDD (Nicotine Dispensing Device) | Lists banned products | March 2025 |
Florida's NDD approach is unique - new products are legal by default until specifically banned. Refillable devices are explicitly exempt. This is far less restrictive than approved-list states.
How Directories Eliminate Disposables
The practical effect of directory systems:
- ~90% of products disappear from shelves overnight (NC removed ~7,000 of ~7,800)
- Most Chinese-manufactured disposables (Elf Bar, Lost Mary, Geek Bar, HQD, Flum) are NOT listed
- Only major brands with FDA PMTA engagement survive (NJOY, Vuse, JUUL, Logic)
- Wisconsin fined retailers $12.4 million in December 2025 for directory violations
- Small e-liquid companies and vape shops lose most inventory
States With Origin-Based Bans
Texas: The Country-of-Manufacture Approach
Texas (SB 2024) took a completely different path - instead of banning flavors or requiring a directory, it bans products based on where they're made:
- Chinese-made disposables: Banned
- US-made e-liquids in ALL flavors: Legal
- Refillable devices: Legal regardless of origin
- Cannabinoid vapes: Also banned
- Disguised devices: Also banned
This approach preserves consumer choice for adult vapers using refillable devices while targeting the specific product category (cheap Chinese disposables) associated with youth use. Read the full Texas breakdown.
States With No Flavor Ban or Directory
These states have minimal vaping-specific restrictions beyond federal law and age requirements:
| State | Excise Tax | Indoor Ban | Notes |
|---|---|---|---|
| South Carolina | None | No statewide | Minimal regulation |
| Wyoming | None | No statewide | No vape-specific laws |
| Montana | None | Yes | Included in clean air act |
| Mississippi | None | No statewide | Minimal regulation |
| Missouri | None | No statewide | Minimal regulation |
| Idaho | None | No statewide | Minimal regulation |
| Oklahoma | None | No statewide | Minimal regulation |
| Tennessee | None | No statewide | Minimal regulation |
| Arizona | None | No statewide | Minimal regulation |
| Iowa | None | Yes | No excise tax |
In these states, any legal (FDA-compliant) vaping product can be sold in all flavors, with no directory requirements.
State-by-State Indoor Vaping Bans
Separate from product restrictions, many states ban vaping indoors:
States WITH Statewide Indoor Vaping Bans
Florida, California, New York, New Jersey, Massachusetts, Colorado, Oregon, Washington, Montana, Iowa, Minnesota, Virginia (partial), and approximately 20 others include vaping in their clean indoor air laws.
States WITHOUT Statewide Indoor Vaping Bans
Wisconsin, North Carolina, Texas, South Carolina, Tennessee, Oklahoma, Wyoming, Mississippi, Missouri, and approximately 15 others do not have statewide indoor vaping bans (though major cities in these states often have local ordinances).
Vape Tax Comparison by State
Taxes vary enormously and affect the total cost of vaping:
| Tax Category | States | Examples |
|---|---|---|
| No excise tax | Texas, Florida, SC, TN, AZ, WY | Sales tax only (6-8%) |
| Low ($0.05/mL) | Wisconsin, North Carolina, IL, GA | ~$1.50 per 30mL |
| Medium (15-30%) | NV, MI, NM, VA | Moderate markup |
| High (50%+) | California (~67-80%), MN (95%), VT (92%) | Significant cost increase |
What's Coming in 2026-2027?
Several states have active legislation that could pass:
Pending Flavor Bans
- Maryland - HB 134 (flavored vape ban introduced)
- Connecticut - SB 1006 (flavored tobacco ban)
- Hawaii - Multiple bills (complete flavor ban)
- Illinois - HB 2268 (flavored products restriction)
Pending Directory Systems
- Louisiana - HB 315 (vapor product directory)
- Missouri - SB 420 (product registration)
- Ohio - Directory bill introduced
Pending Disposable Restrictions
- Michigan - Disposable-specific ban proposed
- Pennsylvania - Disposable device restrictions
The trend is toward MORE restriction, not less. States without any regulation are likely to introduce bills in the next 1-2 years.
How to Navigate State Vape Laws
If You're a Consumer
- Check your state's current law before purchasing
- Refillable devices are legal in every state and offer the most flexibility
- Stock up on e-liquid if traveling to restrictive states
- Don't cross state lines with products banned in your destination state
- Switch to refillable if your disposable brand is banned - it's cheaper long-term anyway
If You're Traveling Between States
- Products legal in one state may be illegal in another
- California is the most restrictive for flavors
- Texas and Florida are among the most permissive
- Indoor bans vary - assume you can't vape inside unless confirmed otherwise
- Carry only products legal in your destination state
Key Takeaways
- No state has fully banned vaping - restrictions target specific products, flavors, or origins
- ~8 states ban flavored vapes - California, Massachusetts, New Jersey, New York, Rhode Island, Colorado, Oregon, Washington
- Directory systems are spreading - Wisconsin, North Carolina, and Florida all launched directories in 2025
- Texas uniquely bans by country of origin - Chinese disposables banned, all US-made products legal
- Florida's NDD bans specific products - everything else remains legal by default
- Refillable devices are legal everywhere - the safest long-term choice regardless of state laws
- No state excise tax in Texas, Florida, and ~10 others keeps prices low
- More bans are coming - Maryland, Connecticut, Hawaii, and others have pending legislation
- Indoor bans are widespread - about 30 states include vaping in clean air laws
- Federal age 21 applies everywhere - no state allows purchases under 21
Looking for specific state details? Check our guides for California, Wisconsin, North Carolina, Texas, Florida, or browse all vaping laws guides.