Governments around the world have different attitudes toward e-cigarettes and nicotine. In the United Kingdom, government health agencies largely encourage the use of e-cigarettes. In the United States, the Food and Drug Administration (FDA) has had authority over e-cigarette products since 2016, but has refused to create a simple system of standards for e-cigarettes and e-cigarette oils.
In recent years, some U.S. states have implemented flavor and online sales bans. Canada followed the UK model for a short time, but recently implemented nicotine concentration limits and extreme flavor restrictions.
More than 40 countries and territories have some form of ban on e-cigarettes. We list here the flavor and online sales bans in each U.S. state, as well as the sales and use bans implemented in other countries.
U.S. Bans on Flavored E-Cigarettes and Online Sales
The FDA has federal authority to regulate e-cigarette products. in September 2020, the agency began reviewing premarket tobacco applications (PMTA) and has stated that it will not authorize flavored products without specific evidence. Whether the agency will succeed in establishing an unwritten standard to eliminate legal flavored products (other than tobacco and menthol) may be determined by the federal courts.
Most e-cigarette bans in the United States have occurred at the state and local levels. While some cities in California – notably San Francisco – have banned the sale of all e-cigarette products, most U.S. e-cigarette restrictions involve flavors and online sales. While a large number of e-cigarette bans have been proposed in state legislatures in recent years, only a handful of each – proving that grassroots opposition can stop bad legislation.
Arkansas – Banning Online Sales
Tobacco licenses issued to Arkansas businesses allow only face-to-face transactions, thus banning online sales
California – Flavor Ban (Suspended until 2022)
The California Legislature passed (and the Governor signed) a law banning all “flavored tobacco” (including e-cigarettes) in August 2020. However, after a massive signature gathering campaign, the law is being implemented until the state’s voters decide whether to approve it in a referendum in November 2022. The law, if passed, would ban all flavors of e-cigarettes other than tobacco
Maine – Online Sales Ban
Maine bans online sales, except between licensed businesses
Massachusetts – Flavor Bans
The first statewide flavor ban was adopted by Massachusetts in late 2019. It includes all tobacco products and prohibits the sale of all e-cigarette flavors other than tobacco
New Jersey – Flavor Bans
New Jersey’s ban covers all flavors other than tobacco. After realizing how much tax revenue the state would lose, lawmakers decided not to ban menthol cigarettes. The governor signed the flavor ban and increased taxes on e-cigarette products, but vetoed an additional 20 mg/mL nicotine strength limit
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 passed an online sales ban (for all e-cigarette 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 impose a permanent ban on all e-cigarette flavors other than tobacco
South Dakota – Online Sales Ban South Dakota banned
shipping of all tobacco products (including e-cigarettes)
Utah – Online Sales Ban
Utah bans online sales, except between licensed businesses
Vermont – Online Sales Ban
Vermont bans online sales, except between licensed businesses
Major cities banning edible flavors include Chicago, Illinois; Los Angeles (effective 2023), San Diego, Sacramento, Oakland, and San Jose, California; and Boulder, Colorado. Hundreds of smaller cities and counties (primarily in California) have flavor bans, with some large city bans later replaced by state bans (e.g., New York City and Newark, New Jersey)
San Francisco and some smaller cities in California have banned the sale of e-cigarette products altogether
Countries that have banned the sale or use of e-cigarette products
In some countries, e-cigarettes are completely illegal, both to sell and to possess. Bans are most prevalent in Asia, the Middle East, and South America. Australia has a strange prescription-only model for e-cigarette products, and unauthorized importation can result in hefty fines. Nicotine e-cigarette products are illegal in Japan, but heated tobacco products like IQOS are completely legal and widely used.
Some countries ban their use and sale altogether, others simply ban their sale, and still others only ban products containing nicotine. In many countries, laws are ignored and black markets flourish. In other cases, they are enforced (but those still have a black market). If a country is not listed, then e-cigarettes are either permitted or regulated, or there is no specific law governing them (which is the case now anyway).
Antigua and Barbuda
Legal to use, illegal to sell
Argentina
Legal to use, illegal to sell
Australia
Legal use, possession of nicotine without a doctor’s prescription is illegal. Illegal importation of nicotine is punishable by fines of up to $222,000. Penalties for possession vary by state, but can be very severe
Bangladesh
Bangladesh does not currently have laws or regulations specifically targeting e-cigarettes. However, in 2021, the government announced that it will update the country’s tobacco control laws to completely ban the sale of e-cigarettes.
Bhutan
Legal use, illegal sale
Brazil
Legal Use, Illegal Sale
Brunei Darussalam
Legal use, illegal sale
Cambodia
Prohibited: Illegal use, illegal sale
Chile
Legal use, illegal sale (except for approved medical products)
Colombia
Legal use, illegal sale
Timor-Leste
Believed to be banned
Egypt
Legal to use, illegal to sell – although the country may be on the verge of regulating e-cigarette products
Ethiopia
Considered legal to use, illegal to sell
Gambia
Considered illegal to use, illegal to sell
Hong Kong, China
Legal use, illegal sale. The ban on the sale, importation, manufacture, and promotion of e-cigarettes and heated tobacco products takes effect on April 30, 2022.
India
Legal use, illegal sale. in September 2019, the central government of India banned the sale of e-cigarette products. Knowing full well that 100 million Indians smoke and that tobacco kills nearly 1 million people each year, the government has taken no steps to reduce access to cigarettes. Not coincidentally, the Indian government owns a large portion of the country’s largest tobacco company
Iran
Considered legal to use, illegal to sell
Jamaica
Legal use, illegal sale of nicotine-containing products without medical clearance
Japan
Legal to use, legal to sell devices and zero nicotine e-cigarette oil, but illegal to sell nicotine-containing liquids (although individuals can import nicotine-containing products with some restrictions). Heated tobacco products (HTP) like IQOS are legal and very popular
Kuwait
Considered legal to use, illegal to sell
Laos
Illegal use, illegal sale
Lebanon
Legal use, illegal sale
Malaysia
Legal use, illegal sale of nicotine-containing products. Although the consumer sale of nicotine-containing products is illegal, Malaysia has a thriving market for e-cigarettes. Authorities occasionally raid retailers and confiscate products. Johor, Kedah, Kelantan, Penang, and Terengganu completely ban the sale of all e-cigarette products (even if they do not contain nicotine)
Mauritius
Legal to use, illegal to sell
Mexico
Legal to use, illegal to sell. The President of Mexico issued a decree in May 2022 banning the sale of all e-cigarettes and heated tobacco products. The law includes products that do not contain nicotine
Burma
is considered banned
Nepal
Legal to use, potentially illegal to sell (although the government itself seems unsure)
Nicaragua
Considered illegal to use, illegal to sell
North Korea
Banned
Oman
Considered legal for use, illegal for sale
Panama
Legal use, illegal sale
Qatar
Prohibited: Illegal use, illegal sale
Seychelles
Legal use, illegal sale. However, the country announced in 2019 its intention to legalize and regulate e-cigarettes
Singapore
Prohibited: illegal use, illegal sale. As of 2018, possession of e-cigarettes is a crime punishable by fines and even jail time. However, the threat of prosecution did not stop the burgeoning black market
Sri Lanka
Legal use, illegal sale
Suriname
Legal use, illegal sales
Syria
Prohibited: Illegal use, illegal sale
Thailand
Considered legal to use, illegal to sell. In recent years, Thailand has enjoyed a reputation for enforcing its ban on the importation and sale of e-cigarette products, with several high-profile incidents in recent years, including the detention and even deportation of e-cigarette tourists
Timor-Leste
Legal use, illegal sale
Turkey
Legal Use, Illegal Importation. Importing e-cigarette products is illegal in Turkey, and when the country reaffirmed its ban in 2017, the World Health Organization issued a press release hailing the decision. But Turkey has conflicting laws, and Turkey has an e-cigarette market and an e-cigarette community
Turkmenistan
Considered legal to use, illegal to sell
Uganda
Legal use, illegal sale
United States
Legal to use, legal to sell – but as of September 9, 2021, the sale of products without FDA authorization technically becomes illegal. While no state has completely banned the sale of e-cigarette products, many states have banned flavored products or online sales. Some cities in California, notably San Francisco, have banned the sale of all e-cigarettes
Uruguay
Legal to use, illegal to sell
Vatican City
Considered banned
Venezuela
Legal use, considered illegal for sale unless approved as a medical product
