As of October 2026, eight states have implemented flavor bans on vape products. Here's the breakdown:
| State | What's Banned | Effective Date | Menthol Exempt? |
|---|---|---|---|
| Massachusetts | All flavored vapes (including menthol) | 2020 | No |
| Rhode Island | All flavored vapes (including menthol) | 2020 | No |
| Washington | All flavored vapes except tobacco/menthol | 2020 | Yes |
| Oregon | All flavored vapes except tobacco | 2022 | Partial |
| California | All flavored vapes (Prop 31) | 2023 | No |
| New York | All flavored vapes except tobacco | 2021 | No |
| New Jersey | All flavored vapes except tobacco/menthol | 2021 | Yes |
| Utah | All flavored vapes | 2021 | No |
Important: Most state bans target sales, not personal possession. If you're an adult vaper in a flavor ban state, you generally won't get in trouble for owning or using flavored products — you just can't buy them from retail stores in your state.
States to Watch (Potential New Bans)
These states have active vape ban proposals or discussions as of late 2026:
- Ohio — Proposed disposable vape ban and flavor restrictions (search interest up 300%)
- Iowa — Proposed flavor restrictions moving through legislature (up 70%)
- Illinois — Chicago has city-level restrictions; state-wide proposals discussed
- Maryland — Flavor ban bill introduced but not yet passed
