Worldwide Regulation of the Vaping Industry (Ultimate Guide)

*** Updated 14th September 2023 *** From a political and regulatory standpoint, vaping is easily one of the most divisive topics in the world. The vaping regulations of the region in which you live, in fact, may have a substantial influence on the way you feel about vaping. If you live in the United Kingdom, for instance, you probably see vaping as a less harmful alternative to smoking and recognise it as something that's helping smokers quit - even if you don't vape or smoke yourself. On the other hand, suppose that you live in the United States and don't know someone who quit smoking with the help of an e-cigarette. All you know are FDA vaping regulations , what you've read in the mainstream media, and you might see vaping as a scourge that's addicting the nation's youth to nicotine. Regional perceptions have a great deal to do with how people feel about vaping, and that's one of many reasons why the world's governments regulate vaping in a wide variety of different ways. So, is vaping legal where you live or where you're thinking about travelling this year? Are there any underlying circumstances that could cause your nation's vaping regulations to change in the future? In this list of worldwide vaping regulations , we're going to examine the differing ways in which vaping is regulated by the world's major nations and discover where vaping is banned . Tobacco restrictions aren't mentioned in list of vaping regulations, though, because such restrictions are outside the scope of this article. Disclaimer: This article is not legal advice. The information presented here is correct to the best of our knowledge at the time of writing. However, vaping regulations around the world are in a constant state of flux. There are many nations that have only recently legalised vaping. A few nations are considering the implementation of vaping bans, and there are still other nations that have no vaping regulations at all and will almost certainly implement regulations in the future. This article represents our best effort to summarise the current legal state of vaping in all of the world's major nations, and we are not responsible for any negative consequences arising from the use or misuse of the information presented herein. Do not attempt to bring your vape gear to any foreign nation unless you are absolutely certain it is legal to do so.

North America

Canada

Vaping is legal in Canada

mainly deal with basic product and sales standards, defining 18 as the minimum age for purchasing vaping products and requiring manufacturers to put prominent nicotine concentration statements and nicotine warnings on their products. Sellers of vaping products also cannot make smoking cessation claims unless authorised by Health Canada to do so. The Tobacco and Vaping Products Act (TVPA) gives Canada's federal government broad power to recall specific vaping products or remove those products from the market if they present known safety hazards or are found to have youth appeal. The TVPA also gives the government the power to ban specific e-liquid ingredients or flavours if they are found to be hazardous.

Vaping Regulations for Canadian Provinces and Selected Cities

• Alberta

  Vaping is legal in Alberta. Under Alberta vaping regulations, vaping products are taxed at a rate of 20 percent of the retail price.

• British Columbia

  Vaping is legal in British Columbia. Advertising is banned except in facilities that do not permit access to minors. The minimum age for buying vapour products is 19.

• Manitoba

  Vaping is legal in Manitoba. Vapour products may not be displayed for sale except in vape shops that do not admit minors.

• New Brunswick

  Vaping is legal in New Brunswick. The minimum age for buying vapour products is 19. A bill has been introduced that would ban flavoured e-liquids. The bill has wide support among legislators.

• Newfoundland and Labrador

  Vaping is legal in Newfoundland and Labrador. Vaping products are taxed at a rate of 20 percent of the retail price. The minimum age for buying vaping products is 19.

• Nova Scotia

  Vaping is legal in Nova Scotia. E-liquid products are taxed at a rate of $0.50 per ml. Vaping devices are taxed at a rate of 20 percent of the retail price. E-liquid flavours other than tobacco are banned. The maximum legal nicotine strength for e-liquid is 20 mg/ml.

• Ontario

  Vaping is legal in Ontario. The minimum age for buying vapour products is 19. Only specialty vape shops are allowed to sell e-liquids in flavours other than tobacco, mint and menthol and in nicotine concentrations higher than 20 mg/ml.

• Prince Edward Island

  Vaping is legal in Prince Edward Island. The minimum age for buying vapour products is 21 except for those who were 19 or older when the law came into effect in 2020. E-liquid flavours other than tobacco are banned, and e-liquid is only available from tobacconists.

• Quebec

  Vaping is legal in Quebec. Substantially the same as federal regulations. At the time of writing, the province reportedly intends to ban most flavoured vaping products and place a limit on nicotine strengths. However, those proposed regulations are only in the initial discussion stages.

• Saskatchewan

  Vaping is legal in Saskatchewan. E-liquid flavours other than tobacco, mint and menthol are available only from specialty vape shops that do not admit minors. Standard retailers may not display vaping products.

References

• https://www.canada.ca/en/health-canada/services/smoking-tobacco/vaping/product-safety-regulation.html
• https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-353/index.html

United States

Vaping is legal in the United States Embed this infographic in your own site - copy the code below to embed Vaping in the United States is regulated at the federal level. However, states and municipalities are free to institute their own vaping regulations as long as those rules are less lenient than the rules in place at the federal level. The Food and Drug Administration (FDA) is the government entity that regulates tobacco and vaping products in the United States.

New FDA Vaping Regulations under the Family Smoking Prevention and Tobacco Control Act

In 2016, the FDA announced its intention to regulate vaping products as tobacco products under the provisions of the Family Smoking Prevention and Tobacco Control Act. One of the provisions of the Act is that after 2007, no new tobacco product can be sold legally unless the maker of that product has obtained a marketing order from the FDA. To receive a marketing order, the maker of the product must compile and submit a Premarket Tobacco Application (PMTA). New FDA vaping regulations under the PMTA must demonstrate that the product is appropriate for the protection of public health and that it will not encourage new initiation of nicotine use . The PMTA requirement applies to all vaping products such as devices, tanks, vape coils and e-liquids. Every flavour and every nicotine strength of every e-liquid product requires its own PMTA. The rule also applies to nicotine-free e-liquids . The FDA ruling allowed all vaping products that were already on the market in 2016 to remain on the market until the final deadline for PMTA submission, which was 9th September 2020. Following PMTA submission, those products may remain on the market for a further year - until 9th September 2021 - pending the outcome of the application process.

• • • Alabama

      Vaping is legal in Alabama. Vape shops are prohibited in close proximity to facilities such as churches, schools and libraries.

    • Alaska

      Vaping is legal in Alaska. Substantially the same as federal regulations.

      • Anchorage

        Vaping products are taxed at 55 percent of the wholesale price.

    • Arizona

      Vaping is legal in Arizona.Vaping is prohibited in foster homes and in vehicles where foster children are present.

    • Arkansas

      Vaping is legal in Arkansas. Substantially the same as federal regulations.

    • California

      Vaping is legal in California. Vaping products containing nicotine are taxed at 59.27 percent of the wholesale price. In 2020, California Governor Gavin Newsom signed a bill into law that would ban all e-liquid flavours except tobacco. However, consumers successfully petitioned to delay the enforcement of the flavour ban until a public referendum scheduled for November 2022.

      • San Francisco

        San Francisco banned all sales of vaping products in 2020. Several other California cities such as Palo Alto , Richmond and Menlo Park have enacted similar bans.

    • Colorado

      Vaping is legal in Colorado. Sales of flavoured vaping products are banned in traditional retail establishments but allowed at vape shops and tobacconists. Vaping products are taxed at 30 percent of the wholesale price in 2021. The tax rate will increase incrementally to a maximum of 62 percent in 2027.

    • Connecticut

      Vaping is legal in Connecticut. Substantially the same as federal regulations. A bill to ban all flavoured vaping products is currently pending in the state legislature.

    • Delaware

      Vaping is legal in Delaware. E-liquids are taxed at $0.05 per ml.

    • District of Columbia

      Vaping is legal in District of Columbia. Vaping products are taxed at 91 percent of the wholesale price.

    • Florida

      Vaping is legal in Florida. Substantially the same as federal regulations.

    • Georgia

      Vaping is legal in Georgia. E-liquids are taxed at $0.05 per ml. Other vaping products are taxed at 7 percent of the wholesale price.

    • Hawaii

      Vaping is legal in Hawaii. Substantially the same as federal regulations.

    • Idaho

      Vaping is legal in Idaho. Substantially the same as federal regulations.

    • Illinois

      Vaping is legal in Illinois. Vaping products are taxed at 15 percent of the wholesale price.

      • Chicago

        All flavoured vaping products except tobacco are banned.

    • Indiana

      Vaping is legal in Indiana. Substantially the same as federal regulations. In 2021, a bill was introduced that would impose an e-liquid tax of $0.08 per ml. At the time of writing, the bill has no hearing date scheduled.

    • Iowa

      Vaping is legal in Iowa. Substantially the same as federal regulations.

    • Kansas

      Vaping is legal in Kansas. E-liquid is taxed at a rate of $0.05 per ml. A bill has been introduced in the state legislature that would ban flavoured e-liquids. At the time of writing, the bill is not scheduled for a hearing.

    • Kentucky

      Vaping is legal in Kentucky. E-liquid is taxed at a rate of 15 percent of the wholesale price. Cartridges and pods for closed vaping systems are taxed at a rate of $1.50 per cartridge or pod.

    • Louisiana

      Vaping is legal in Louisiana. E-liquid is taxed at a rate of $0.05 per ml.

    • Maine

      Vaping is legal in Maine. Vaping products are taxed at a rate of 43 percent of the wholesale price. A bill has been introduced in the state legislature that would ban flavoured e-liquids. At the time of writing, the bill has passed committee and will receive a full vote in the near future.

    • Maryland

      Vaping is legal in Maryland. Vaping products are taxed at a rate of 12 percent of the retail price except e-liquid containers smaller than 5 ml, which are taxed at 60 percent of the retail price. A bill has been introduced in the state legislature that would ban flavoured e-liquids and prohibit all online sales of vaping products. The bill received a full reading in the Senate Committee on Finance on 28th January 2021.

    • Massachusetts

      Vaping is legal in Massachusetts. Vaping products are taxed at a rate of 75 percent of the wholesale price. All e-liquid flavours other than tobacco are banned.

    • Michigan

      Vaping is legal in Michingan. Substantially the same as federal regulations. In 2019, Governor Gretchen Whitmer instituted a ban on flavoured e-liquids that was struck down by the Michigan Court of Claims - and again by the Court of Appeals - shortly thereafter. The Michigan Department of Health and Human Services held a public hearing regarding another proposed flavour ban on 28th September 2020. The rule has made no progress since then.

    • Minnesota

      Vaping is legal in Minnesota. E-liquid with nicotine is taxed at a rate of 95 percent of the wholesale price. A bill has been introduced in the state legislature that would extend the tax to vaping hardware as well.

      • City Flavour Bans

        Several cities in Minnesota have banned flavoured e-liquids other than tobacco. Those cities include Minneapolis, St. Paul and Duluth.

    • Mississippi

      Vaping is legal in Mississippi. Substantially the same as federal regulations.

    • Missouri

      Vaping is legal in Missouri. Substantially the same as federal regulations. A bill has been introduced in the state legislature that would tax vaping products at 10 percent of the wholesale price. The bill has passed committee but has not been scheduled for a full reading.

      • Kansas City

        A city ordinance has been introduced that would ban flavoured vaping products. The ordinance received a committee reading on 9th June 2021.

    • Montana

      Vaping is legal in Montana. Substantially the same as federal regulations.

      • Missoula

        E-liquids in flavours other than tobacco are banned. However, the Montana state legislature is considering a bill that would make it illegal for cities to enact vaping regulations that exceed the state's laws.

    • Nebraska

      Vaping is legal in Nebraska. Substantially the same as federal regulations.

    • Nevada

      Vaping is legal in Nevada. Vaping products are taxed at a rate of 30 percent of the wholesale price.

    • New Hampshire

      Vaping is legal in New Hampshire. Bottled e-liquid is taxed at a rate of 8 percent of the wholesale price. Pods and cartridges for closed vaping systems are taxed at a rate of $0.30 per ml.

    • New Jersey

      Vaping is legal in New Jersey. E-liquid is taxed at a rate of 10 percent of the retail price. Flavoured e-liquids other than tobacco are banned.