Although the FDA is behind the main regulations and rules within the US, state by states have also implemented their own laws.
Flavour bans
Here are some examples of a few states that have implemented flavour bans with a few slight variations from state to state.
California has implemented a flavour ban across all flavoured nicotine products. In early 2025, online sales of flavoured vaping products were also banned. A list will be published by or before December 31st, 2025, of flavours that will be allowed.
Massachusetts permits flavoured e-cigarettes to be sold for on-site usage at licensed smoking bars. Non-flavoured vaping products with nicotine content above 35mg/ml can be licensed to retail shops and smoking bars.
New Jersey restricts the sale of all flavoured e-cigarettes.
New York bans the sale of all flavoured e-cigarettes except 6 menthol flavours that have been authorised by the FDA.
Rhode Island restricts the sale of flavoured e-cigarette flavours except menthol.
Utah bans all e-cigarette flavours except menthol, restricts high-strength vapes (over 40mg/mL), and unauthorised products not FDA-reviewed by September 9, 2020.¹⁰
Vape taxes by state
The USA does not have one single tax (%) across the board; it varies from state to state.