Vaping—using e-cigarettes and other electronic nicotine delivery systems (ENDS)—has become a major public health, regulatory, and political issue in the United States. Regulation occurs at multiple levels (federal, state, and local), driven by concerns about youth use, product safety, and the role of vaping in smoking cessation.
Federal Regulatory Framework
a) FDA Authority
The U.S. Food and Drug Administration (FDA) regulates ENDS under the Family Smoking Prevention and Tobacco Control Act. In 2016, the FDA’s "Deeming Rule" extended its regulatory authority to include e-cigarettes, e-liquids, and many of their components: the FDA now oversees manufacture, import, packaging, labelling, advertising, and sales of ENDS. Vape shops that mix e-liquids or modify devices may even be classified as manufacturers, and so they must comply with manufacturing-level regulations.
b) Age Restriction (“Tobacco 21”)
Under federal law, the minimum age to purchase any tobacco product, including e-cigarettes, is 21. This law is enforced at the retail level: retailers must verify customers’ age, and it is illegal to sell to anyone under 21.
c) Pre-market Authorization
Many vaping products must go through a pre-market review process with the FDA before they can be legally sold. Manufacturers submit data about ingredients, health risks, and manufacturing processes. The FDA evaluates whether granting authorization is "appropriate for the protection of public health." This is especially important for flavoured products, which are often subjected to additional scrutiny.
State and Local Regulations
While the FDA sets a baseline, states (and even cities) have introduced further regulation, creating a “patchwork” of vaping laws across the U.S.
a) Indoor Vaping Bans
Some states include vaping in their indoor “smoke-free” laws. As of late-2024, 20 states (plus D.C.) have comprehensive indoor air laws that cover e-cigarettes in places such as private worksites, restaurants, and bars.
b) Taxes on E-liquids
33 states (plus D.C. and territories) impose taxes on e-cigarettes. Tax structures vary: some states tax per millilitre of e-liquid, while others tax based on a percentage of the price.
c) Packaging and Safety
To reduce accidental nicotine poisoning (especially in children), many states require child-resistant packaging for e-liquids. Some states go further by placing limits on nicotine concentration or mandating warning labels.
Enforcement & Public Health Actions
a) Illicit Vapes and a New Task Force
A significant concern for regulators is the rise of unauthorized or illicit vaping products. In June 2024, the U.S. Justice Department and the FDA announced a joint task force to crack down on illegal e-cigarettes, especially those that appeal to youth.
b) FDA Marketing Decisions
Regulators are also reconsidering previously banned products. For example, in mid-2025 the FDA approved certain Juul products (tobacco and menthol flavoured) for marketing, arguing that they could help adult smokers switch while managing youth risk. This decision was controversial, with critics warning that the youth addiction risk remains high.
c) State Legal Actions
At the state level, governments are also suing distributors or enforcing bans. In New York, the Attorney General sued distributors of popular flavoured disposable vapes (like Elf Bar), accusing them of violating state flavour bans aimed at curbing youth vaping.
Recent Developments in U.S. Vaping Regulation (2024–2025)
1. Stronger Federal Enforcement: A New Task Force
- In June 2024, the DOJ and FDA announced a federal multi-agency task force aimed explicitly at combating the illegal distribution and sale of unauthorized e-cigarettes.
- The task force unites several federal agencies: FDA, Justice Department, U.S. Marshals Service, the Postal Inspection Service, ATF, and the Federal Trade Commission.
- This move signals a more coordinated, “all hands on deck” approach to enforcement, especially against products that appeal to youth.
- There have already been large-scale seizures: according to the FDA, in 2024 one operation (with U.S. Customs & Border Protection) netted $76 million-worth of unauthorized e-cigarettes.
- According to some industry-analysis groups, enforcement is now becoming more institutionalized — not just one-off crackdowns, but a system-wide compliance regime.
This shift represents a maturation of enforcement. Rather than just sending warning letters, the government now seems to be building a long-term regulatory infrastructure. This makes it riskier for unscrupulous operators to prosper.
2. FDA’s Regulatory Progress & Pre-Market Authorization
- The FDA’s 2024 Year in Review noted significant progress on tobacco-product regulation, including increased enforcement actions against unauthorized vaping products.
- As before, any new vaping product introduced after 2024 must go through pre-market authorization (PMTA process).
- This rigorous pre-market review is being used to limit products that are particularly attractive to young people (e.g., flavoured disposables) unless they can demonstrate a favourable public-health trade-off.
State-Level Regulatory Updates
a) Flavour Bans & Product Registries
- Several states continue to ban or limit flavoured e-cigarettes. According to recent sources: California, Massachusetts, New York, New Jersey, and Rhode Island now restrict many non–tobacco/menthol flavours.
- California, notably, extended its flavour ban to online sales (as of January 2025).
- Example: Florida passed a law (HB 1007) such that from Jan 1, 2025, certain disposables not listed in a state registry (i.e., not FDA-authorized) are effectively banned from retail.
- Penalties for non-compliance can be steep: Florida’s law includes fines (e.g., up to $1,000 per day) for retailers/distributors who continue selling non-approved products after grace periods.
b) Taxes & Licensing
- Many states have raised taxes on vaping products in 2025. According to VapeRanger, some states now tax at 20% of wholesale, or at fixed rates per mL of e-liquid.
- States are also tightening retailer licensing. For example, VapeRanger reports that several states increased the cost or stringency of licenses for vape shops in 2025.
- Many states have introduced “vape directory” laws, which allow tax or regulatory departments to enforce which products may be sold in stores, based on FDA approval status.
Legal & Judicial Developments
- In 2025, the U.S. Supreme Court upheld a key FDA decision refusing to approve certain flavoured e-cigarette products.
- Also notable: in July 2025, the FDA reauthorized Juul’s tobacco and menthol pod products for the U.S. market.
- Juul also won a ban on imports of certain competing devices: in early 2025, a U.S. trade tribunal ruled that Altria’s NJOY devices infringe Juul’s patents, leading to a 60-day import ban.
Outlook: Where Regulation Could Go Next
- More aggressive enforcement: As the task force matures, we can expect more coordinated raids, seizures, and legal actions—not just on importers, but also on domestic distributors and retailers selling unauthorized products.
- State-level tightening: Expect more states to adopt PMTA-based directories, flavour bans, or stricter licensing. Some may also expand enforcement tools (e.g., stiffer fines, criminal penalties).
- Regulatory innovation: The FDA might develop more nuanced frameworks for authorizing products that are “less risky” for youth but beneficial for harm reduction, or require tighter marketing and packaging controls.
- Public health research: Emerging data (especially post-2025) on usage trends, youth vaping, and long-term effects could influence future regulation.
Conclusion
Between 2024 and 2025, the U.S. vaping regulatory landscape has become more enforcement-driven, coordinated, and stratified. The creation of a multi-agency task force, coupled with significant seizures, signals a serious crackdown on illicit and unauthorized e-cigarettes. At the same time, the FDA is continuing its pre-market authorization work while making strategic decisions (like Juul’s reapproval) that reflect a balance between adult harm reduction and youth protection.
States are not standing still—they are increasingly using their own tools (such as flavour bans, licensing, and product directories) to shape local markets. The net effect is that vaping regulation in the U.S. is not just evolving, it is institutionalizing.
