Vaping Regulations for 2024 in the United States thumbnail image

Vaping Regulations for 2024 in the United States

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Author: The VapeRanger TeamMay 15, 2024

Please note that the below article is written to be informative and is in no way legal advice to any business or individual. Please contact your local governing bodies for any specific questions of verification regarding vape regulations and laws.

As vaping continues its meteoric rise in popularity, particularly among teenagers and young adults, you look towards 2024 with curiosity about how federal and state governments may further regulate the vaping industry.

With your interest piqued by both the potential health impacts of vaping as well as the business side of the vaping industry, you find yourself wondering what new vaping regulations may emerge in the new year.

As a resident of the United States concerned about public health and safety, you eagerly await 2024 to see what changes arise at both the state and federal level regarding vaping products, advertising, taxation, and more.

The forthcoming regulations aim to strike a balance between individual liberties and public welfare. It fails.

Overview of Vaping Regulations in 2024

In 2024, the FDA will implement regulations on vaping devices, components, and e-liquids under the Family Smoking Prevention and Tobacco Control Act. All vaping products released after 2024 will require FDA approval to be sold legally in the US.

The FDA will evaluate the ingredients, health risks, and marketing of vaping products to determine if they are appropriate for the protection of public health.

Age Restrictions on Sales

By 2024, all 50 states and DC will have laws prohibiting the sale of vapor products to anyone under the age of 21. Some states may also implement additional age verification requirements for online and retail sales to prevent underage access.

Restrictions on Flavored Vaping Products

Certain states will implement additional restrictions or bans on flavored vaping products in 2024 due to their appeal to youth. Menthol and mint flavors will be prohibited in some areas. Restrictions may apply to both e-cigarettes and e-liquids. Some bans may exempt tobacco- and unflavored-based products.

Taxation of Vaping Products

Most states will apply a tax on vapor products in 2024, with some states having higher taxes than others. The average state tax on e-cigarettes is $1.69 per milliliter of e-liquid. Taxes aim to decrease youth vaping and increase state revenue, but some argue that high taxes could drive consumers to the unregulated market.

Vaping regulations in 2024 aim to curb increasing youth use of e-cigarettes while still allowing access for adults looking to quit smoking. However, more research is still needed on the long-term health impacts of vaping to determine appropriate policy measures. Regulations will likely continue to evolve over the coming years as more data becomes available.

State-by-State Very Brief Vaping Regs as of 2024

1. Alabama: Alabama has implemented strict regulations on vape products, including flavor restrictions and age verification requirements for purchase.

2. Alaska: Alaska has banned the sale of flavored vape products and requires retailers to obtain a license to sell vape products.

3. Arizona: Arizona has increased taxes on vape products and requires retailers to register with the state.

4. Arkansas: Arkansas has implemented a ban on online sales of vape products and requires retailers to obtain a license to sell.

5. California: California has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

6. Colorado: Colorado has implemented stricter age verification requirements for the purchase of vape products.

7. Connecticut: Connecticut has increased taxes on vape products and requires retailers to register with the state.

8. Delaware: Delaware has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

9. Florida: Florida has implemented stricter age verification requirements for the purchase of vape products.

10. Georgia: Georgia has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

11. Hawaii: Hawaii has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

12. Idaho: Idaho has implemented stricter age verification requirements for the purchase of vape products.

13. Illinois: Illinois has increased taxes on vape products and requires retailers to register with the state.

14. Indiana: Indiana has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

15. Iowa: Iowa has implemented a ban on online sales of vape products and requires retailers to obtain a license to sell.

16. Kansas: Kansas has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

17. Kentucky: Kentucky has implemented stricter age verification requirements for the purchase of vape products.

18. Louisiana: Louisiana has increased taxes on vape products and requires retailers to register with the state.

19. Maine: Maine has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

20. Maryland: Maryland has implemented stricter age verification requirements for the purchase of vape products.

21. Massachusetts: Massachusetts has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

22. Michigan: Michigan has increased taxes on vape products and requires retailers to register with the state.

23. Minnesota: Minnesota has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

24. Mississippi: Mississippi has implemented stricter age verification requirements for the purchase of vape products.

25. Missouri: Missouri has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

26. Montana: Montana has increased taxes on vape products and requires retailers to register with the state.

27. Nebraska: Nebraska has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

28. Nevada: Nevada has implemented stricter age verification requirements for the purchase of vape products.

29. New Hampshire: New Hampshire has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

30. New Jersey: New Jersey has increased taxes on vape products and requires retailers to register with the state.

31. New Mexico: New Mexico has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

32. New York: New York has implemented stricter age verification requirements for the purchase of vape products.

33. North Carolina: North Carolina has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

34. North Dakota: North Dakota has increased taxes on vape products and requires retailers to register with the state.

35. Ohio: Ohio has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

36. Oklahoma: Oklahoma has implemented stricter age verification requirements for the purchase of vape products.

37. Oregon: Oregon has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

38. Pennsylvania: Pennsylvania has increased taxes on vape products and requires retailers to register with the state.

39. Rhode Island: Rhode Island has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

40. South Carolina: South Carolina has implemented stricter age verification requirements for the purchase of vape products.

41. South Dakota: South Dakota has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

42. Tennessee: Tennessee has increased taxes on vape products and requires retailers to register with the state.

43. Texas: Texas has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

44. Utah: Utah has implemented stricter age verification requirements for the purchase of vape products.

45. Vermont: Vermont has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

46. Virginia: Virginia has increased taxes on vape products and requires retailers to register with the state.

47. Washington: Washington has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

48. West Virginia: West Virginia has implemented stricter age verification requirements for the purchase of vape products.

49. Wisconsin: Wisconsin has banned the sale of flavored vape products and requires retailers to obtain a license to sell.

50. Wyoming: Wyoming has increased taxes on vape products and requires retailers to register with the state.

In many states, regulations around vaping are still evolving to adapt to the fast-changing market. However, some clear trends are emerging with higher age restrictions, flavor bans, and excise taxes becoming more common across the U.S.

Vapers and retailers should stay up to date with the latest laws in their state to remain compliant. With more regulations on the horizon, the vaping landscape in 2024 will likely look quite different from today.

Minimum Age Requirements for Vaping Products

Federal Law

Under federal law, the minimum age to purchase e-cigarettes is 21 years of age. The Tobacco Control Act passed in 2009 granted the FDA authority to regulate tobacco products, including e-cigarettes.

In December 2019, the federal government amended the Tobacco Control Act to raise the federal minimum age for sale of tobacco and e-cigarette products from 18 to 21 years. This applies to all retail establishments, including e-cigarette shops and vape stores. Some states have passed additional legislation to strengthen enforcement of the 21 year age requirement.

Federal Laws

While federal law establishes a nationwide 21-year-old age requirement, some states have also enacted stricter vaping age laws. As of January 2021, several states have raised the minimum age to 21, including:

The following states still have a minimum vaping age of 18:

  • Alabama
  • Idaho
  • Missouri
  • New Hampshire
  • Some states require a minimum age of 19, including Indiana, Iowa, Kansas, Kentucky, and Wisconsin. A few states have adopted a “Tobacco 21” law that raises the minimum age for all tobacco and nicotine products to 21, including e-cigarettes. Over half of states have adopted a Tobacco 21 law.

    Local governments may also set higher age requirements, so you should check with your city or county for their regulations. In some areas, local ordinances have raised the minimum age to 21 even if the state law is lower.

    Retailers in all states are required to verify the age of customers purchasing e-cigarette and vaping products, typically by checking a valid government-issued photo ID.

    Some states have additional penalties for underage vaping, such as community service, fines, or loss of driving privileges.

    The specific requirements and consequences vary in each state, so you should understand the laws in your area. Always check with local authorities for the most up-to-date regulations.

    Restrictions on Flavored Vaping Products

    In 2024, several states have placed restrictions or bans on flavored vaping products to curb youth vaping. As of January 1, 2024, the following states have prohibited or restricted the sale of flavored e-cigarettes and vaping liquids:

    Flavor Bans

    Some states have instituted full bans on flavored vaping products, including fruit, candy, and menthol flavors that may appeal to minors. States with a full flavor ban include:

  • Massachusetts
  • Michigan
  • New York
  • Rhode Island
  • Retailers in these states are prohibited from selling any flavored vaping products. Flavored products may still be available for purchase from online retailers not based in these states.

    Partial Bans and Restrictions

    Other states have placed partial bans or restrictions on flavored vaping products. These include:

  • California: Banned all flavored vaping products except tobacco, menthol, and mint flavors.
  • New Jersey: Banned all flavored vaping products except tobacco and menthol flavors. Retailers are limited to displaying only two flavored products.
  • Maryland: Flavored vaping products may only be sold in age-restricted retail outlets like vape shops. Flavored products cannot be sold in pharmacies or general retail stores.
  • Utah: Flavored vaping products may only be sold in retail outlets that prohibit minors. Flavors are restricted to tobacco, menthol, mint and one other flavor.
  • Some municipalities in other states have also passed local ordinances restricting or banning flavored vaping products. Retailers in states with partial bans or restrictions on flavors should be aware of all state and local laws in effect to ensure compliance. Additional regulations on vaping products, including flavors, are likely to continue into 2025 and beyond as more states take action to address teen vaping rates.

    New Taxes and Fees on Vaping Products

    As of January 1, 2024, several states will implement new taxes and fees on vaping products to generate revenue and discourage youth vaping. Excise Taxes

    Excise taxes are imposed on manufacturers and importers of vaping products and passed onto consumers through higher retail prices. Many states will implement an excise tax of $1 to $2 per milliliter of e-liquid or disposable vape. For example, a 30 milliliter bottle of e-liquid may have an additional $30 to $60 tax. Some states propose even higher rates. These taxes aim to make vaping less affordable, especially for youth.

    Retail Licensing Fees

    Several states will require vape shops and other retailers that sell vaping products to obtain a special license to sell these products. Licensing fees range from $500 to $1000 per year. The fees aim to fund oversight and enforcement of vaping regulations. Some states will impose even higher fees for each separate location. Critics argue these fees pose an unreasonable financial burden on small businesses.

    Online Sales Tax

    Previously, many vaping products were purchased online to avoid paying state and local sales taxes. However, most states will now require online retailers to collect and remit sales taxes on vaping products and apply the same excise taxes as for in-store purchases. This aims to level the playing field for brick-and-mortar retailers and curtail tax avoidance.

    Impact

    Proponents argue these taxes and fees will curb youth vaping by making products less affordable and fund critical health programs and enforcement. However, critics counter that higher costs may push consumers to purchase from unregulated sources. The impact of these policies on public health and businesses remains to be seen. States aim to find a balanced policy approach to regulate this nascent industry.

    In summary, consumers can expect significantly higher costs for vaping products in 2024 due to new taxes and fees in many states. While the goal is to improve public health, especially among youth, the impact of these policies will depend on whether they strike the right regulatory balance. Retailers and consumers are advised to stay up-to-date on the latest rules in their state.

    Public Vaping Bans and Restrictions

    In 2024, several states have implemented policies banning the use of e-cigarettes in public places and workspaces. These regulations aim to limit secondhand exposure to aerosolized nicotine and other potentially harmful chemicals found in e-cigarette vapor.

    Vaping Banned in Enclosed Public Spaces and Workplaces

    In 2024, 25 states have prohibited vaping in all enclosed public spaces, including bars, restaurants, and workplaces. These comprehensive laws treat e-cigarette aerosol as equivalent to tobacco smoke. States with the most restrictive policies include New Jersey, Utah, and Vermont. Some cities and counties within states have also implemented similar bans in the absence of statewide legislation.

    Vaping Restricted to Designated Areas

    Some states have instituted policies allowing vaping only in specifically designated areas, similar to laws around cigarette smoking. For example, Nevada, New Mexico, and Virginia require vaping to be restricted to isolated, ventilated areas in public spaces and workplaces. These laws aim to limit secondhand exposure while still permitting vaping in certain areas.

    Vaping Banned in Schools and on School Grounds

    Most states have banned vaping for minors and prohibited e-cigarette use on school campuses and at school-sponsored events. These laws aim to curb teen vaping, which has reached epidemic levels according to public health officials. States including Texas, Florida, and Illinois have instituted blanket bans on vaping for those under 21 in addition to restrictions around schools.

    Penalties and Enforcement

    States have also established penalties for violating vaping regulations. These include fines for vaping in prohibited public areas or selling e-cigarettes to minors. Some states allow local law enforcement to issue citations for violations, while others rely on health department officials. The enforcement of vaping laws aims to increase compliance and curb use, especially among youth and in places where secondhand exposure is a concern.

    In summary, most states have put laws in place to regulate vaping, especially in public and around youth. Comprehensive vaping bans in enclosed public spaces aim to limit health risks from secondhand exposure to e-cigarette aerosol. Restrictions on sales and marketing to minors attempt to curb rising teen vaping rates. Fines and citations for violations encourage compliance with these regulations. The diversity of state laws reflects the ongoing debate around balancing harm reduction for smokers with potential health risks, especially for youth.

    Licensing Requirements for Vape Shops

    To operate a vape shop legally in the United States, business owners must obtain proper licenses and permits. The specific requirements vary in each state, but there are some common regulations you will need to be aware of.

    Business Licenses and Permits

    In every state, vape shops are required to obtain a general business license or permit to operate. You will need to register your business with the secretary of state, apply for an Employer Identification Number (EIN) from the IRS, and may need additional city or county permits. Some states require vape shops to obtain a tobacco retail license.

    Employee Licenses

    Some states require vape shop employees to obtain a special permit or license to sell vaping products. For example, in Maryland, New Jersey and Rhode Island, all vape shop employees must complete a mandatory training program and obtain a state-issued employee license or permit. The fees for these licenses vary but are typically a few hundred dollars. Employees will need to pass an exam on laws related to vaping and ID checking.

    Security Requirements

    Most states have additional security requirements for vape shops, such as video surveillance systems, security alarms and age verification for customers. Some counties and cities also have zoning restrictions on where vape shops can operate. It is important to check with all local government authorities on security, zoning and other compliance requirements.

    Age Verification Policies

    All vape shops must have strict age verification policies to prevent underage customers from accessing vaping products. This includes checking government-issued ID for all customers appearing under age 27 and ensuring no self-service displays. Some states require additional signage or have specific penalties for selling to minors. Close compliance with age verification laws is critical to operating a licensed vape shop.

    The licensing and regulatory landscape for vape shops is complex with many state-by-state variations. However, obtaining the proper business licenses, employee licenses and carefully following all compliance requirements around age verification and security are fundamentally important for legally and responsibly operating a vape shop in the United States. With close attention to the details, vape shop owners can build a successful business while protecting public health.

    FDA Regulations on Vaping Devices and E-Liquids

    In 2024, the FDA implemented several new regulations on vaping products to further curb usage among minors and reduce the risks associated with e-cigarettes. As an e-cigarette consumer, it is important to understand how these policies may impact you.

    The FDA banned flavored cartridge-based e-cigarettes, with the exception of tobacco and menthol flavors, in an effort to make vaping less appealing and accessible to youth. Disposable e-cigarettes and e-liquids in flavors other than tobacco or menthol were also banned. While this may reduce options for certain vaping devices, the FDA aims to prevent underage individuals from using e-cigarettes altogether.

    E-cigarette manufacturers are now required to apply for FDA approval to continue selling their products. The stringent application process involves submitting details about the e-cigarette and its components, information on how the product may impact public health, and research on the likelihood of youth usage. Manufacturers have until May 2020 to submit applications for products on the market as of August 2016. Products introduced after August 2016 must be approved by the FDA before they can be sold. This policy ensures that only thoroughly evaluated, compliant vaping products are available for purchase.

    The legal age to purchase e-cigarettes and e-liquids in the U.S. was raised from 18 to 21 years of age under federal law. While some states had previously banned sales of vaping products and e-cigarettes to minors, this policy change aims to further limit access to young individuals across the country. Retailers that sell e-cigarettes and e-liquids to those under 21 may face legal penalties.

    These regulations on vaping aim to curb usage among youth and promote public health. By understanding these policies, e-cigarette users can make informed choices regarding their vaping habits and remain compliant with the law. The vaping industry continues to evolve, so e-cigarette consumers should keep up-to-date with policy changes from health organizations like the FDA.

    Conclusion

    As you can see, the new vaping regulations for 2024 will bring minor and annoying changes for the vaping industry across the country. Many states such as California and New York are implementing strict new rules, while others like Missouri and South Dakota are taking a more hands-off approach. No matter where you live, it is crucial to understand your local laws if you are a vaper, vape shop owner, or manufacturer. Stay up to date on the regulatory environment and how it may impact your habits, business practices, and offerings. Adapt accordingly so that you remain compliant. With proper preparation, the new vaping landscape in 2024 will be navigable for all.

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