United States
RestrictedOnline Sales
Allowed
Offline Sales
Allowed
Legal Age
21+
Ban Scope
Partial
Allowed Product Types
Pod SystemDisposableRefillable
Purchase Channels
OnlineSpecialty StoreConvenience StoreGas StationSupermarket
Required Certifications
FDA PMTAState License
Ban Scope Policy Details
[OK] Legal Regions
California, New York, Florida, Texas
✗ Banned Regions
Some cities in Massachusetts, San Francisco
Complete Policy Details
Latest Developments
FDA Major Breakthrough: On May 5, 2026, the FDA approved the first non tobacco, non menthol flavored nebulized electronic cigarette product (Glas brand, containing traditional menthol, fresh menthol, sapphire, gold and other flavors) through PMTA application, marking the FDA's first approval of flavored electronic cigarette products for sale on the market. At the same time, the FDA has issued guidance on the priority of unauthorized ENDs enforcement, reiterating that all products without PMTA are illegal and announcing the establishment of a webpage for the public to search for authorized products. Source: FDA Press Release (May 5, 2026); Dra. C. De Jesus-Rojas（FDA CTP Office of Science）
Policy Trends
The compliance market for flavored electronic cigarettes is expected to expand, and leading enterprises can enter the flavor market for sales; More companies are expected to continue submitting PMTA applications for flavor products; The FDA is establishing a systematic product compliance inquiry and enforcement mechanism.
Taxation
The differences among states are as follows (index of state legislative documents): CA: AB 1268 (2022)/CCR Title 18 Sec. 4141, WA: HB 1873 (2025)/RCW 82.24, NY: State Finance Law § 224-d (2025), MA: MGL Ch. 64C § 7B, NJ: P.L. 2019, c. 37, PA: Act 84 of 2016, CO: HB 20-1427, MN: MS § 297F.05, UT: SB 210 (2026), there is currently no consumption tax at the federal level. FDA PMTA application fee: $1156668 per product (FY2025)
Sales Channel Restrictions
/Each state implements a sales license system (such as California S.B. 94 [2022]). Some states have implemented product registration catalogs (Wisconsin AB 1158 (effective June 2025), Utah SB 61 [2025], Pennsylvania HB 2159 [2025]). Texas: Ban on the sale of disposable electronic cigarettes made in China (effective September 2025). Denver City (CO): Starting from January 1, 2026, flavored nicotine products will be banned. Source: TX HB 4758 (2025)
Age Restrictions
21+
Flavour Restrictions
At least 12 states have implemented varying degrees of restrictions on the sale of flavored electronic cigarettes. California (SB 793), Massachusetts (MA G.L. c. 94), and New Jersey (P.L. 2019, c. 37) have implemented complete flavor bans; New York State (NY Public Health Law § 1399-aa) prohibits all flavored products except tobacco and menthol; Utah Admin. Code R395-301 allows tobacco/menthol flavors. Source: Legislation by state legislatures
Product Specifications
The federal regulation prohibits purchases under the age of 21 (TCA § 906 (d) (3)). There is no nationwide unified nicotine concentration/volume limit at the federal level, and it is mainly legislated by each state; Indiana (IC 7.1-7-2.6) and Utah (Utah Code § 76-10-111) have restrictions on nicotine concentration in e-liquids. PMTA requires submission of ingredient/emission lists, toxicological data, nicotine dosage/intake information, etc. On March 9, 2026, the FDA released draft flavor PMTA framework guidelines, which require flavor products to demonstrate significant additional benefits for adult smokers. Source: FDA Draft Guidance (March 9, 2026)
Hardware Requirements
No unified hardware requirements at the federal level. Each state indirectly requires equipment to meet safety standards (leak prevention, child protection, etc.) through age verification standards and PMTA approval. Finished batteries must comply with UL 8139 safety standards, and components are allowed to be sold separately as "non tobacco products". Source: FDA Deeming Regulations; State legislation
Packaging Requirements
Warning: This product contains nicotine. Nicotine is an additive chemical. "(21 CFR 1143.3 (a)). Covering 30% of the front and back of the packaging, Helvetica bold font, white background black/black background white font, 12 point font (≥ 3mm). Source: FDA Final Rule (August 11, 2016)
Advertising Restrictions
Prohibit the use of cartoon/electronic game characters/children's media elements for advertising promotion. Source: FTC Tobacco Rule; FDA Family Smoking Prevention and Tobacco Control Act § 102
Notification Requirements
All electronic cigarette products must submit a PMTA application and obtain FDA authorization before they can be marketed (21 CFR 1114, effective August 8, 2016). PMTA must include: ingredient list, emission data, toxicological assessment, health risk assessment, etc. Starting from 2024, synthetic nicotine products will also be included in PMTA requirements. Source: FDA Final Rule (April 14, 2020); FDA Enforcement Policy (January 2024)
Policy Documents
FDA's Deeming Regulations for ENDS (21 CFR Part 1100, effective August 8, 2016)；
FDA's Comprehensive Plan for Tobacco and Nicotine Regulation； PMTA Guidance for ENDS (April 2019, updated April 2023)；
Synthetic Nicotine Enforcement Policy (2024)；
FDA's Environmental Sustainability Guidelines for ENDS（2024)
Competent Authorities
FDA（Food and Drug Administration）
Policy Details
FDA Major Breakthrough: On May 5, 2026, the FDA approved the first non tobacco, non menthol flavored nebulized electronic cigarette product (Glas brand, containing traditional menthol, fresh menthol, sapphire, gold and other flavors) through PMTA application, marking the FDA's first approval of flavored electronic cigarette products for sale on the market. At the same time, the FDA has issued guidance on the priority of unauthorized ENDs enforcement, reiterating that all products without PMTA are illegal and announcing the establishment of a webpage for the public to search for authorized products. Source: FDA Press Release (May 5, 2026); Dra. C. De Jesus-Rojas（FDA CTP Office of Science）
The compliance market for flavored electronic cigarettes is expected to expand, and leading enterprises can enter the flavor market for sales; More companies are expected to continue submitting PMTA applications for flavor products; The FDA is establishing a systematic product compliance inquiry and enforcement mechanism.
Last Updated: 2026-10