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Government attitudes toward vaping and nicotine vary. In the United Kingdom, vaping has largely been encouraged by government health agencies. Because smoking creates a costly burden for the UK’s National Health Service, the country stands to save both lives and money if smokers switch to e-cigarettes.
Many other countries also allow a regulated vaping market, but are less enthusiastic about the practice. In the United States, the Food and Drug Administration (FDA) has had authority over vapor products since 2016, but has refused to create a plain system of standards for e-cigarettes and e-liquids. In recent years, some U.S. states have imposed flavor and online sales bans. Canada somewhat followed the U.K. model for a short time, but has recently imposed nicotine-strength limits and extreme flavor restrictions.
There are more than 40 countries that have some type of ban on vaping—either on possession and use, sales, importation, or a combination. What we have attempted is to list U.S. state flavor and online sales bans, and the sales and use bans imposed in other countries.
The FDA has federal authority to regulate vaping products. In September 2020 the agency began reviewing premarket tobacco applications (PMTAs), and has signaled it will not authorize flavored products without extraordinary evidence. Whether the agency will be successful creating an unwritten standard that eliminates legal flavored products (except tobacco) may be determined by federal courts.
Most vape bans in the U.S. happen at the state and local levels. And while a few California cities—notably San Francisco—have banned outright the sale of all vaping products, most American vape restrictions involve flavors and online sales. There are only a few of each, despite the large number of vaping bans that have been proposed in state legislatures in recent years—proof that grassroots opposition can stop bad legislation.
Arkansas - online sales ban
Tobacco permits issued to Arkansas businesses only allow face-to-face transactions, so online sales are prohibited
California - flavor ban on in-store sales
California now bans the in-store sale of vaping products in flavors other than tobacco—with or without nicotine. The statewide law, approved by voters in 2022, does not ban online sales, but some localities have stricter laws
Georgia - online sales ban
Georgia allows only face-to-face retail transactions of vaping products, so online sales are prohibited
Hawaii - online sales ban from out of state
Hawaii bans online sales from outside the state, except to licensed retailers
Maine - online sales ban
Maine bans online sales, except between licensed businesses
The first statewide flavor ban was passed in late 2019 by Massachusetts. It includes all tobacco products, and prohibits sales of all vape flavors except tobacco
Nebraska - online sales ban
Nebraska passed an online sales ban in April 2024. It's unclear when it will take effect.
New Jersey - flavor ban
New Jersey’s ban covers all flavors except tobacco. Legislators decided not to ban menthol cigarettes after realizing how much tax revenue the state would lose
New York - flavor ban + online sales ban
The New York flavor ban, which covers all flavors except tobacco, was passed in April 2020. The state also adopted an online sales ban (of all vaping products) at the same time
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 create a permanent ban on all vape flavors except tobacco
South Dakota - online sales ban
Shipping of all tobacco products (including vapes) is prohibited in South Dakota
Utah - flavor ban + online sales ban
Utah bans online sales, except between licensed businesses. In March 2024, the state passed a ban on vape flavors (other than tobacco and menthol), which will take effect Jan. 1, 2025
Vermont - online sales ban
Vermont bans online sales, except between licensed businesses
Major cities with flavor bans include Chicago, IL; Los Angeles, San Diego, Sacramento, Oakland and San Jose, CA; and Boulder, CO. Hundreds of smaller cities and counties—mostly in California and Massachusetts—have flavor bans, as do some larger cities whose bans have since been superseded by state bans (like New York City and Newark, NJ)
Complete bans on vaping product sales have been adopted by San Francisco and some smaller California cities. Brookline, Massachusetts has passed a so-called generational ban on tobacco and nicotine product sales (including vapes). The city increases the legal age to buy nicotine products by one year each year. No one born after Dec. 31, 1999, can ever buy nicotine products legally in Brookline
In some nations, vaping is completely illegal, including both sales and possession. Prohibition is most common in Asia, the Middle East, and South America. Australia has a bizarre prescription-only model for vaping products, and unauthorized importation can result in huge fines. In Japan, nicotine vaping products are illegal, but heated tobacco products like IQOS are completely legal and widely used.
Some countries have outright bans on sales and possession, others just prohibit sales, and some ban only nicotine-containing products. In many countries, the laws are ignored and black markets flourish. In others, they’re enforced (but those still have black markets too). If a country is not listed, vaping is either allowed and regulated, or there is no specific law governing e-cigarettes (as of now anyway).
This isn’t meant as a definitive legal guide for traveling vapers. If you’re visiting an unfamiliar country you should first check with an up-to-date official source like your country’s state department, or the travel bureau of the country you’re visiting.
Legal to use, illegal to sell
Legal to use, illegal to sell
Legal to use, illegal to possess nicotine without a doctor’s prescription. Importing nicotine illegally can be punished with fines of up to $222,000. Penalties for possession vary from one state to the next, and can be severe
Bangladesh currently has no laws or regulations specific to vaping. However, in 2021 the government announced it would update the country’s tobacco control law with an outright ban on the sales of e-cigarettes
Legal to use, illegal to sell
Legal to use, illegal to sell
Legal to use, illegal to sell
Banned: illegal to use, illegal to sell
Legal to use, illegal to sell
Legal to use, illegal to sell (however, the prohibition is widely disregarded)
Believed to be illegal to use, illegal to sell
Legal to use, illegal to sell
Believed to be legal to use, illegal to sell
Believed to be illegal to use, illegal to sell
Legal to use, illegal to sell (except when prescribed by a doctor)
Hong Kong (a Special Administrative Region of China)
Legal to use, illegal to sell since 2022
Legal to use, illegal to sell. In September 2019, the Indian central government banned the sale of vaping products. The government, well aware that 100 million Indians smoke and that tobacco kills nearly a million people a year, did not make any moves to reduce access to cigarettes. Not coincidentally, the Indian government owns a large share of the country’s largest tobacco company
Believed to be illegal to use, illegal to sell
Legal to use, illegal to sell nicotine-containing products without a medical license
Legal to use, legal to sell devices and zero-nicotine e-liquid, but illegal to sell nicotine-containing liquid (although individuals can import nicotine-containing products with some restrictions). Heated tobacco products (HTPs) like IQOS are legal and extremely popular
Legal to use, illegal to sell (after the ban passed in April 2024 takes effect sometime in the summer)
Believed to be legal to use, illegal to sell
Lao People's Democratic Republic (Laos)
Illegal to use, illegal to sell
Legal to use, illegal to sell
Macau (a Special Administrative Region of China)
Possibly legal to use, illegal to sell. In late 2022 a law took effect that bans the manufacture, distribution, sale, import, export, and transport of all vaping products. While personal use may be technically legal, there seems to be no way to acquire products without violating the import or transport bans
Legal to use, illegal to sell nicotine-containing products. Although consumer sales of nicotine-containing products is illegal, Malaysia has a thriving vaping market. Authorities occasionally raid retailers and confiscate products. Sales of all vaping products (even without nicotine) are banned outright in the states of Johor, Kedah, Kelantan, Penang and Terengganu
Legal to use, illegal to sell
Probably legal to use, illegal to sell. The Mexican president issued a decree banning sales of all vapes and heated tobacco products in May 2022. The law includes nicotine-free products. It is, however, widely ignored and Mexico has a thriving black market.
Some manufacturers—including Philip Morris International and British American Tobacco—and vendors have challenged the government position in court, filing individual complaints and receiving favorable judgements. Unfortunately, these “juicio de amparo” (protection trials) apply only to the specific complainant and the decisions cannot be broadly applied by all sellers. According to Mexican vape advocate Roberto Sussman, the amparo process is difficult and expensive, especially for small businesses
Believed to be illegal to use, illegal to sell
Legal to use, possibly illegal to sell (although the government itself seems unsure)
Believed to be illegal to use, illegal to sell
North Korea (Democratic People's Republic of Korea)
Banned: illegal to use, illegal to sell
Believed to be legal to use, illegal to sell
Banned: illegal to use, illegal to sell
Legal to use, illegal to sell
Banned: illegal to use, illegal to sell
Legal to use, illegal to sell. However, the country announced in 2019 its intention to legalize and regulate e-cigarettes
Banned: illegal to use, illegal to sell. As of 2018, possession of vapes is a crime, punishable by fines and even prison time. However, the threat of prosecution doesn’t prevent a thriving black market
Legal to use, illegal to sell
Legal to use, illegal to sell
Banned: illegal to use, illegal to sell
Banned: illegal to use, illegal to sell
Believed to be legal to use, illegal to sell. Thailand has earned a reputation for enforcing its ban on importation and sales of vaping products with several high-profile incidents in recent years, including detaining and even deporting tourists caught vaping
Legal to use, illegal to sell
Legal to use, illegal to import. Turkey’s laws are conflicting, and there is a vaping market and a vaping community in Turkey
Believed to be legal to use, illegal to sell
Legal to use, illegal to sell
Legal to use, illegal to sell
Believed to be illegal to use, illegal to sell
Banned: illegal to use, illegal to sell. In August 2023, the Venezuelan health ministry banned the sale and personal use of all vaping and heated tobacco products on order of President Maduro
Our list is extensive, but maybe not definitive. Laws change frequently, and there is no central repository for information on worldwide vaping laws that is updated in real time. While our list includes some original research, these are the primary sources:
We welcome any new information you may have. If you know of a law that has changed, or a new regulation that affects our list, please make a comment and we will update the list.
Favorite flavors: RY4-style tobaccos, fruits
Expertise in: Political and legal challenges, tobacco control haters, moral panics
Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I’m a member of the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy
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