Core Tip: Governments around the world have different attitudes towards e-cigarettes and nicotine. In the UK, government health agencies largely encourage the use of e-cigarettes. In the U.S., the Food and Drug Administration (FDA) and governments around the world have different attitudes toward e-cigarettes and nicotine. In the UK, government health agencies largely encourage the use of e-cigarettes. In the US, the Food and Drug Administration (FDA) has authority over vaping products since 2016, but has refused to create a simple standard system for e-cigarettes and e-liquids.
In recent years, some U.S. states have implemented flavor and online sales bans. Canada followed the UK’s model for a short time, but recently implemented nicotine concentration limits and extreme flavor limits.
More than 40 countries have some form of ban on e-cigarettes. Here we list flavor and online sales bans by state in the United States, as well as sales and use bans implemented in other countries.
U.S. bans flavored e-cigarettes and online sales
The FDA has federal authority to regulate vaping products. In September 2020, the agency began reviewing premarket tobacco applications (PMTAs) and said it would not authorize flavored products without specific evidence. Whether the agency will succeed in developing an unwritten standard to eliminate legal flavored products (with the exception of tobacco and menthol) is likely to be decided by federal courts.
Most vaping bans in the United States have occurred at the state and local levels. While some cities in California — notably San Francisco — have banned the sale of all vaping products, most U.S. vaping restrictions involve flavors and online sales. While state legislatures have proposed numerous vaping bans in recent years, there have been only a handful of each — proving grassroots opposition can stop bad legislation.
Arkansas – Banning online sales
Tobacco licenses issued to Arkansas businesses only allow in-person transactions, so online sales are prohibited
California – Flavor Ban (suspended until 2022)
The California Legislature passed (and signed by the governor) a law in August 2020 to ban all “flavored tobacco”, including e-cigarettes. However, after
A massive signature-gathering campaign, the law is being implemented until voters in the state decide whether to approve it in a November 2022 referendum. The law, if passed, would prohibit
All flavored e-cigarettes other than tobacco
Maine – Online Sales Ban
Maine bans online sales, except between licensed businesses
Massachusetts – Flavor Ban
The first statewide flavor ban was passed by Massachusetts in late 2019. It includes all tobacco products and bans the sale of all e-cigarette flavors except tobacco
New Jersey – Flavor Ban
New Jersey’s ban covers all flavors except tobacco. Lawmakers decided not to ban menthol cigarettes after realizing how much tax revenue the state would lose. Governor signs flavor ban and increases taxes on vaping products, but vetoes additional 20 mg/mL nicotine strength limit
New York – Flavor Ban + Online Sales Ban
The New York flavor ban, covering all flavors except tobacco, was passed in April 2020. The state also passed a ban on online sales at the same time (all vaping products)
Oregon – Online Sales Ban
Oregon bans online sales, except between licensed businesses
Rhode Island – Flavor Ban
In March 2020, then-Governor Gina Raimondo bypassed the state legislature and used the Department of Health to impose a permanent ban on all e-cigarette flavors except tobacco
South Dakota – Online Sales Ban South Dakota Ban
Shipping all tobacco products (including e-cigarettes)
Utah – Online Sales Ban
Utah bans online sales, except between licensed businesses
Vermont – Online Sales Ban
Vermont bans online sales, except between licensed businesses
Major cities banning flavors include Chicago, IL; Los Angeles (effective 2023), San Diego, Sacramento, Oakland, and California
San Jose, Asia; and Boulder, Colorado. Hundreds of smaller cities and counties (mostly in California) had flavor bans, some large cities had bans later
State bans superseded (such as NYC and Newark, NJ)
San Francisco and some smaller California cities have blanket bans on vaping product sales
Countries that ban the sale or use of vaping products
In some countries, e-cigarettes are completely illegal, including sale and possession. Bans are most common in Asia, the Middle East and South America. Australia has a strange
In the vaping product model of prescription drugs, unauthorized importation can result in hefty fines. Nicotine vaping products are illegal in Japan, but vaping products like IQOS
Hot tobacco products are completely legal and widely available.
Some countries ban the use and sale entirely, others just ban the sale, and still others only ban products containing nicotine. In many countries, the law is ignored
The black market is booming. In other cases, they are enforced (but those still have a black market). If a country is not listed, then e-cigarettes are either listed
Permitted, either regulated, or there are no specific laws governing e-cigarettes (as they are now anyway).
Antigua and Barbuda
Legal use, illegal sale
Argentina
Legal use, illegal sale
Australia
Legally used, it is illegal to possess nicotine without a doctor’s prescription. Illegally importing nicotine can be subject to fines of up to $222,000. Penalties for possession vary by state, but can also be very severe
Bangladesh
Bangladesh currently has no laws or regulations specifically targeting e-cigarettes. However, in 2021, the government announced that it will update the country’s tobacco control laws to ban the sale of e-cigarettes outright.
Bhutan
Legal use, illegal sale
Brazil
Legal use, illegal sale
Brunei Darussalam
Legal use, illegal sale
Cambodia
Prohibited: illegal use, illegal sale
Chile
Legal use, illegal sale (except for approved medical products)
Colombia
Legal use, illegal sale
East Timor
believed to be banned
Egypt
Legal to use, illegal to sell – although the country may be on the verge of regulating vaping products
Ethiopia
considered legal to use, illegal to sell
Gambia
Illegal use, illegal sale
China Hong Kong
Legal use, illegal sale. The ban on the sale, import, manufacture and promotion of e-cigarettes and heated tobacco products goes into effect on April 30, 2022.
India
Legal use, illegal sale. In September 2019, the central government of India banned the sale of vaping products. The government is well aware that 100 million Indians smoke and tobacco smokes every year
Caused nearly 1 million deaths, so nothing was done to reduce access to cigarettes. Not coincidentally, the Indian government owns a significant portion of the country’s largest tobacco company
share
Iran
considered legal to use, illegal to sell
Jamaica
Legally use, illegally sell nicotine-containing products that are not medically licensed
Japan
Legal use, legal sale of devices and zero-nicotine e-liquids, but illegal sale of nicotine-containing liquids (although individuals can import nicotine-containing products, with some limitations
system). Heated Tobacco Products (HTPs) like IQOS are legal and very popular
Kuwait
Legal use, illegal sale
Laos
Illegal use, illegal sale
Lebanon
Legal use, illegal sale
Malaysia
Legal use, illegal sale of nicotine-containing products. Although consumer sales of nicotine-containing products are illegal, Malaysia has a thriving e-cigarette market. Authorities occasionally raid retailers and confiscate products. Johor, Kedah, Kelantan, Penang and Terengganu completely ban the sale of all vaping products (even without nicotine)
Mauritius
Legal use, illegal sale
Mexico
Legal use, illegal sale. Mexico’s president issued a decree in May 2022 banning the sale of all e-cigarettes and heated tobacco products. The law includes no
Gooding’s products
Myanmar
considered prohibited
Nepal
Legally used, possibly sold illegally (though the government itself doesn’t seem to be sure)
Nicaragua
considered illegal to use, illegal to sell
North Korea
Prohibited
Oman
considered legal to use, illegal to sell
Panama
Legal use, illegal sale
Qatar
Prohibited: illegal use, illegal sale
Seychelles
Legal use, illegal sale. However, in 2019 the country announced its intention to legalize and regulate e-cigarettes
Singapore
Prohibited: illegal use, illegal sale. As of 2018, possession of e-cigarettes is a crime punishable by fines and even jail time. However, the threat of prosecution won’t stop a thriving black market
Sri Lanka
Legal use, illegal sale
Suriname
Legal use, illegal sale
Syria
Prohibited: illegal use, illegal sale
Thailand
considered legal to use, illegal to sell. Thailand has gained a reputation for enforcing a ban on the import and sale of vaping products in recent years, and several high-profile incidents have occurred in recent years.
cases, including detaining and even deporting vaping tourists
East Timor
Legal use, illegal sale
Turkey
Legally used, illegally imported. Importing vaping products is illegal in Turkey, and when the country reaffirmed its ban in 2017, the World Health Organization issued a press release cheering the decision. But Turkey’s laws are conflicting, and Turkey has an e-cigarette market and an e-cigarette community
Turkmenistan
considered legal to use, illegal to sell
Uganda
Legal use, illegal sale
U.S.
Legal to use, legal to sell – but as of September 9, 2021, the sale of products without FDA authorization has technically become illegal. Although no state is completely
The sale of vaping products is prohibited, but many states prohibit flavored products or online sales. Some California cities, notably San Francisco, have banned the sale of all electronics
cigarette
Uruguay
Legal use, illegal sale
Vatican City
considered prohibited
Venezuela
Legally used, considered illegal to sell unless approved as a medical product
Post time: Nov-04-2022