Vaping and E-Cigarette Laws by State: Manufacturers

Created by FindLaw's team of legal writers and editors.

If you mix e-liquids, handle or modify vape pens, import nicotine or tobacco products, or make refills or devices, then you need to pay attention to manufacturing, labeling, warning, and packaging laws. Every state has different legal requirements for e-cigarettes. There are also regulations on how you can sell products in bulk or at wholesale pricing, and laws regarding the distribution of your products.

If your vaping and e-cigarette products are not 100% compliant with state and federal laws, you could face major production delays and business losses. Knowing the laws for your state is essential to prevent costly mistakes.

E-Cigarette Manufacturing Laws

The table below has an overview of each state’s e-cigarette manufacturing laws and the areas you may need to focus on for business compliance. If your state does not have any applicable laws at this time, check back for updates and review the federal laws on tobacco products.

State

E-Cigarette Packaging, Tax, and Permit Laws

Alabama

N/A

Alaska

N/A

Arizona

N/A

Arkansas

  • Must have child-resistance packaging. Some restrictions on pre-filled or sealed cartridge packaging (Section 26-57-254(c))
  • Wholesalers need permits (Section 26-57-214)

California

Colorado

N/A

Connecticut

Delaware

N/A

District of Columbia

N/A

Florida

N/A

Georgia

N/A

Hawaii

N/A

Idaho

N/A

Illinois

  • Must have child-resistant packaging for liquids. Some exceptions apply (Section 430-40/10)

Indiana

Iowa

N/A

Kansas

N/A

Kentucky

N/A

Louisiana

N/A

Maine

Maryland

Massachusetts

Michigan

N/A

Minnesota

  • Child-resistant packaging for all nicotine or non-nicotine liquids used in e-cigarette devices (Section 461.20(b))
  • Town boards may license devices. If they do not, the county board can license and regulate e-cigarette devices (Section 461.12(1)). Taxed at 95% of the wholesale price (Section 297F.05(3)).

Mississippi

N/A

Missouri

Montana

N/A

Nebraska

N/A

Nevada

N/A

New Hampshire

  • All e-cigarette or vaping devices and liquid nicotine must be sold in original packaging (Section 1003.01).

New Jersey

New Mexico

  • Child-resistant packaging required unless the product was prefilled, sealed, and will only be opened by employees at the retailer (Sections 30-49-3(D) and 57-2C-1(A)). Factory-sealed packaging required for all sales of product or refills (Section 30-49-3(c)).

New York

North Carolina

North Dakota

Ohio

  • Retailers cannot change the quantity sold. It must be equal to the manufacturer's container, i.e., a pack of five must be sold as five even if the original packing is removed (Section 2927.02(B)(5))

Oklahoma

N/A

Oregon

  • Child-resistant packaging that is “not attractive to persons under 18” required. All parts must be labeled according to state rules (Section 431A.175(2)(d-f)).

Pennsylvania

Rhode Island

South Carolina

N/A

South Dakota

  • Products must be sold in original packaging from the manufacturer (Section 34-46-21)

Tennessee

Texas

  • Child-resistant packaging required for liquid nicotine, unless the product is prefilled, sealed, and opened by the store, not the consumer (Section 161.0875)

Utah

  • Requires compliance with the state’s requirements on labeling, packaging, and content restrictions for all unsealed e-cigarettes
  • Regulations on included warnings, additives, maximum nicotine levels, and child-resistant packaging (Section 384-415-3 through 6)

Vermont

  • Child-resistant packaging required, except for pre-filled cartridges that the consumer will not open (Section 7-1012(a))

Virginia

  • Child-resistant container required for liquid nicotine products, except for anything the consumer will not open such as sealed and prefilled cartridges (Section 59.1-293.11(A))

Washington

West Virginia

N/A

Wisconsin

N/A

Wyoming

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Learn More About State Laws:

State Laws – Find overviews of general state-specific legal areas
Official State Codes – Search the official online statutes (laws) for all states

Related Resources for E-Cigarette Manufacturing Laws:

Defects in Product Warnings
State Law for E-Cigarettes: Consumers
State Laws for E-Cigarettes: Retailers

Creating a Compliant Product From the Start

As laws evolve to encompass the rapidly changing landscape of vapor products, manufacturers must be able to change just as quickly. New laws can mean costly adoptions to equipment and products; however, choosing not to change for a compliance issue can be an expensive risk for any company. Stay ahead of your state’s compliance laws with the help of a business attorney or request a review of your current products to understand the red flags you could be facing.

Next Steps

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