Nicotine vaporizers: federal overview

See also the PACT Act and 21 CFR 1100 pages.

Tier tags: L1 statute/ordinance, L2 final or temporary rule, L3 official guidance or agency action, L4 pending bill or proposed rule, L5 news or lead (never law).

Federal

[L1] Federal: FDA tobacco authority, including nicotine not made or derived from tobacco. Quoted: "(b) Applicability This subchapter shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco and to any other tobacco products that the Secretary by regulation deems to be subject to this subchapter. This subchapter shall also apply to any tobacco product containing nicotine that is not made or derived from tobacco." Source: 21 U.S.C. 387a(b)
PACT Act page: federal-pact-act-15-usc-375
FDA deeming page: federal-21-cfr-1100-fda-deeming

Official text (batch 7)

[L1] Iowa: Vapor products directory. Quoted: "453A.52 Vapor products directory — established — requirements. 1. By August 1, annually, following the date the director first makes the vapor products directory available as specified in section 453A.52A, every vapor products manufacturer where vapor products are sold in the state, whether directly or through a distributor, wholesaler, retailer, or similar intermediary or intermediaries, shall certify under penalty of perjury on a form and in the manner prescribed by the director, that the vapor products manufacturer agrees to comply with this subchapter and to one of the following:" Source: Iowa Code § 453A.52 (2025)
[L1] Louisiana: Vapor/alt-nicotine product directory certification. Quoted: "§926.1. Vapor product and alternative nicotine product directory 7 A. Every vapor product manufacturer and alternative nicotine product 8 manufacturer whose products are sold in this state, whether directly or through a 9 wholesale dealer, retail dealer, or similar intermediary or intermediaries, shall 10 execute and deliver on a form prescribed by the commissioner a certification to the 11 commissioner affirming, under penalty of perjury, either of the following: 12" Source: La. HB 412 (2025) text enacting R.S. 26:926.1 (Act number UNVERIFIED)
[L1] Massachusetts: Flavored tobacco (incl. vapes) sale ban. Quoted: "(b) No person, retailer or manufacturer shall sell, distribute, cause to be sold or distributed, offer for sale any flavored tobacco product or tobacco product flavor enhancer in any retail establishment, online or through any other means to any consumer in the commonwealth; provided, however, that this subsection shall not apply to the sale or distribution by a smoking bar, as defined in section 22, of flavored tobacco products or tobacco product flavor enhancers for on-site consumption." Source: M.G.L. c. 270, § 28(b)

Browser-read official text (batch 8)

[L1] New York: Flavored vapor product retail sale ban. Quoted (browser-read, manual check): "No vapor products dealer, or any agent or employee of a vapor products dealer, shall sell or offer for sale at retail in the state any flavored vapor product" Source: N.Y. Pub. Health Law § 1399-mm-1
[L1] California: Flavored tobacco retail sale ban (quote truncated at capture). Quoted (browser-read, manual check): "(b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or" Source: Cal. Health & Safety Code § 104559.5(b)(1) (Stats. 2020, ch. 34)
[L1] New Jersey: Flavored vapor product sale ban. Quoted (browser-read, manual check): "C.2A:170-51.12 Sale of flavored vapor products prohibited; violations, penalties. 1. a. No retailer, either directly or indirectly by an agent or employee" Source: P.L.2019, c.425 (C.2A:170-51.12)
[L1] Utah: Electronic cigarette product registry (section heading only captured). Quoted (browser-read, manual check): "59-14-810. Electronic cigarette product registry." Source: Utah Code § 59-14-810

Official text (batch 9)

[L2] Federal: Deeming rule effective date. Quoted: "DATES: This rule is effective August 8, 2016." Source: 81 FR 28974 (May 10, 2016), Deeming Rule
[L1] Federal: PMTA: new tobacco product definition. Quoted: "(a) In general (1) New tobacco product defined For purposes of this section the term "new tobacco product" means— (A) any tobacco product (including those products in test markets) that was not commercially marketed in the United States as of February 15, 2007; or" Source: 21 U.S.C. § 387j(a)(1) (FDCA § 910)
[L1] Federal: Modified risk tobacco product order required. Quoted: "(a) In general No person may introduce or deliver for introduction into interstate commerce any modified risk tobacco product unless an order issued pursuant to subsection (g) is effective with respect to such product." Source: 21 U.S.C. § 387k(a)
[L3] Federal: PMTA basis. Quoted: "A premarket tobacco product application (PMTA) can be submitted by any person for any new tobacco product seeking an FDA marketing order, under section 910(b) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) ." Source: FDA PMTA program page (agency guidance)
[L1] Federal: POSECA amendments effective 90 days after Dec. 27, 2020 (Mar. 27, 2021, not Apr. 27 as the lead file said). Quoted: "Amendment by Pub. L. 116–260 effective on the date that is 90 days after Dec. 27, 2020" Source: 15 U.S.C. § 376a, Effective Date of 2020 Amendment note
[L3] Louisiana: Vapor product directory. Quoted: "New law provides for the creation of a vapor product and alternative product directory." Source: La. Act 567 (HB 621, 2024), official résumé digest (act text not read)
[L3] Louisiana: Effective date. Quoted: "Effective upon signature of governor (June 10, 2024)." Source: La. Act 567 (HB 621, 2024), official résumé digest

Official text (batch 10)

[L1] Rhode Island: Flavored ENDS sales banned (tobacco and menthol not "characterizing"). Quoted: "(b) The sale, or offer for sale of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine-delivery system products to consumers within the state of Rhode Island is hereby prohibited." Source: R.I. Gen. Laws § 44-20-61(b) (P.L. 2024, ch. 117, eff. 1/1/2025)
[L1] Federal: POSECA short title (brings ENDS under PACT Act). Quoted: "This title may be cited as the ``Preventing Online Sales of E- Cigarettes to Children Act''." Source: Pub. L. 116-260, Div. FF, Title VI, § 601 (enacted 12/27/2020)
[L3] Federal: FDA enforcement priorities for unauthorized ENDS. Quoted: "This guidance document describes how we intend to prioritize our enforcement resources with regard to the marketing of certain deemed tobacco products that do not have premarket authorization." Source: FDA guidance, Enforcement Priorities for ENDS (Docket FDA-2019-D-0661)

Thynk Industries, DBA Zero Human Thynk — The nation's premier cannabis, hemp, kratom, psychedelics, peptides & nicotine compliance experts since 2009. Trial policy wiki; not legal advice.

Authority tiers: L1 statute, L2 final/temporary rule, L3 official guidance, L4 pending bill/proposed rule, L5 news/lead/commentary (never law). Sources checked: 2026-10-30.