State Legislatures Tackle Over 30 Bills on Vape Flavor Bans and PMTA Registries

As of May 21, 2025, state legislatures across the U.S. are actively considering more than 30 bills related to vaping restrictions, including flavor bans and Premarket Tobacco Application (PMTA) registry laws. Below is a summary of recent developments and the status of these bills, organized by state and key updates.

Recent Legislative Updates:

• Texas (May 21): Senate Bill 2024, which bans all Chinese-made vaping products (not limited to disposables), passed the Senate and is now under consideration in the House.
• Maine (May 21): LD 1519, a stewardship bill, was added, requiring vape manufacturers to fund the collection and disposal of used devices.
• Nevada (May 21): Senate Bill 435, a registry bill, was introduced.
• Alabama (May 14): House Bill 8, a registry companion bill, was signed into law by the governor, strengthening the state’s existing registry law with new penalties and restrictions on packaging and advertising.
• South Carolina (May 7): The House postponed debate on registry bill S 287 until the next legislative session in January 2026.
• North Dakota (April 28): A conference committee removed registry language from House Bill 1003, making its revival unlikely this session.
• Tennessee (April 22): Senate Bill 763, a registry and tax bill, was sent to the governor for approval after passing both legislative chambers.
• Arkansas (April 14): Governor Sarah Huckabee Sanders signed Senate Bill 252 into law, making Arkansas the 12th state with a PMTA registry law. This law prohibits possession of unregistered vapes by both retailers and individuals.
• Mississippi (March 20): Governor Tate Reeves signed House Bill 916 into law, making Mississippi the 11th state with a PMTA registry law, effective 60 days after the state’s directory is published on October 1, 2025.

Background on Vaping Restrictions: Until about four years ago, flavor bans were the primary method to restrict vaping products, limiting sales to tobacco or tobacco-and-menthol flavors. These bans are heavily supported by tobacco control groups like the Campaign for Tobacco-Free Kids (TFK), which argues that “child-appealing” flavors encourage youth vaping. Six states—California, Massachusetts, New Jersey, New York, Rhode Island, and Utah—along with Washington, D.C., and several cities, have enacted flavor bans, some extending to nicotine pouches.

More recently, PMTA registry laws have gained traction, promoted by major tobacco companies like Altria and R.J. Reynolds. These laws create state registries listing only FDA-authorized vape products, those with pending PMTA applications, or products under litigation for marketing denial orders. Manufacturers must certify compliance and pay annual fees per product. Currently, ten states have passed PMTA registry laws, with Alabama, Louisiana, and Oklahoma already enforcing them, and Wisconsin’s law set to take effect on July 1, 2025. In 2024, six additional states—Florida, Iowa, Kentucky, North Carolina, Utah, and Virginia—passed registry laws, though Iowa and Utah face court delays.

Why the Divide? Flavor bans are favored by tobacco control advocates, particularly in Democrat-led states, due to their ties with groups like TFK. However, they oppose registry laws because these depend on FDA approvals, which could allow flavored products if the FDA authorizes them. Conversely, registry laws are often backed by tobacco companies and have found support in Republican-majority states, though Democratic legislators have introduced some registry bills in 2025.

Positive Developments for Vaping Consumers:

• Kentucky: House Bill 62 and Senate Bill 269 aim to suspend the state’s PMTA registry law, effective since January 2025. Consumers are encouraged to contact legislators to support these bills.
• Rhode Island: Companion bills H 5329 and S 543 propose amending the state’s flavor ban to allow flavored vape sales in vape shops only. S 543 remains active, with a call to action issued by the Consumer Advocates for Smoke-free Alternatives Association (CASAA).

Active Bills (as of March 10, 2025): Below is a list of active bills, including PMTA registry laws, flavor bans, and related measures. Some include additional provisions like taxes or licensing rules. CASAA has issued calls to action for bills marked with an asterisk (*), urging consumers to contact legislators.

• Alabama: HB 8 / SB 2 – Strengthens existing registry law with new penalties, packaging, and advertising restrictions. HB 8 was signed into law on May 14.
• Arizona: SB 1272 – Registry bill; passed Senate committees and caucuses.
• Arkansas: SB 252 – Registry law; signed into law on April 14.
• California: AB 762 – Bans disposable vapes; committee hearing canceled.
• Georgia: HB 577 – Registry bill; passed House but failed in Senate committee (could be revived).
• Hawaii: HB 756 – Flavor ban; passed House, now in Senate committee.
• Idaho: HB 244 – Registry bill; likely dead.
• Illinois: SB 2231 – Registry bill; HB 3191 – Flavor ban; HB 2634 – Requires manufacturers to certify registry-like requirements.
• Indiana: HB 1650 – Registry bill; referred to committee.
• Maine: LD 1519 – Stewardship program for vape device disposal; committee voted to pass with amendments.
• Maryland: SB 918 / HB 1441 – Registry bills; committee hearings scheduled.
• Mississippi: HB 916 – Registry law; signed into law on March 20.
• Missouri: HB 276 – Registry bill; referred to committee.
• Montana: HB 525 – Registry and 50% wholesale vape tax*; tabled but could be revived.
• Nebraska: LB 285 – Flavor ban*; committee hearing held.
• Nevada: SB 435 – Registry bill; passed committee with amendment. AB 279 – Registry bill; no further action allowed.
• New Jersey: A 1810 / S 1947 – Bans flavored nicotine pouches.
• New Mexico: HB 268 – Registry bill; referred to committee.
• New York: A 273 – Bans non-FDA-authorized vapes; A 4593 / S 902 – Registry bills; A 141 / S 443 – Bans flavored nicotine pouches; A 4999 / S 3196 – Bans all flavored tobacco products.
• North Dakota: HB 1003 – Appropriations bill with registry language; registry language removed by conference committee.
• Ohio: HB 96 – Flavor ban; passed House but flavor ban language removed.
• Oklahoma: SB 1102 – Enhances enforcement of existing registry law; passed Senate and House committee.
• Oregon: SB 702 – Flavor ban*; passage recommended. HB 3559 – Registry bill.
• South Carolina: S 287 – Registry bill*; House postponed debate until January 2026. H 3728 – Registry bill.
• South Dakota: HB 1069 – Registry bill*; tabled but could be revived.
• Tennessee: SB 763 / HB 968 – Registry and 10% wholesale tax*; sent to governor on April 22.
• Texas: SB 2024 – Bans Chinese-made vapes and “child-friendly” designs; passed Senate, under House consideration. SB 1182 – Flavor ban. SB 1698 / HB 3772 – Registry bills.
• Washington: HB 2068 / SB 5803 – Bans all flavored nicotine products, nicotine analogs, and increases vape tax to 95% wholesale. HB 1203 / SB 5183 – Flavor ban*. HB 1534 – Registry bill*. SB 5526 – Registry bill.
• West Virginia: SB 93 / HB 2883 – Registry bills; referred to committees.

Consumer Action: CASAA encourages consumers to contact legislators to oppose restrictive bills, even before formal calls to action. Proactive outreach to state representatives can help stop harmful legislation early. Consumers can look up their legislators on the CASAA website and offer themselves as resources on vaping and harm reduction policies.