These states have effectively eliminated most disposable vape sales through a combination of flavor bans, high taxes, and other restrictions:
California Flavor Ban
California's flavor ban was upheld by voters in November 2022 (Proposition 31) and took effect in December 2022. It bans the sale of all flavored tobacco products, including flavored e-cigarettes and disposables. Tobacco flavor is the only exemption — menthol is included in the ban. Enforcement has been ramping up, with the state actively targeting online retailers who ship to California.
Massachusetts Near-Full Ban
Massachusetts was the first state to implement a comprehensive flavor ban, and it also has the highest vape tax in the country — a 75% wholesale excise tax. The combination of the flavor ban and the 75% tax has effectively made disposables nearly impossible to find in the legal Massachusetts market. Online sales of all vaping products are also banned.
New York Flavor Ban
New York's flavor ban took effect in 2020 and was one of the first in the country. It bans all flavored e-cigarettes, including disposables, except for tobacco flavor. The state also imposes a 20% retail excise tax on vaping products. Enforcement has been inconsistent but has been increasing, especially against NYC-area retailers and online sellers.
New Jersey Flavor Ban
New Jersey has one of the strictest flavor bans in the country — it's one of the few states that also bans menthol-flavored vapes. The ban covers all vaping products, including disposables, pods, and e-liquid. Only tobacco flavor is exempt. The state also has a 10% wholesale excise tax on vaping products.
Rhode Island Flavor Ban
Rhode Island implemented a flavor ban through emergency regulations that have been repeatedly extended. The ban covers flavored e-cigarettes and disposables, with tobacco flavor exempt. The state has relatively few vape shops, making access even more limited for Rhode Island residents.
Oregon Flavor Ban
Oregon's flavor ban took effect in January 2023 after the state's Supreme Court upheld it. The ban covers all flavored vaping products, including disposables. The state also has strict retail licensing requirements for vape shops, which has reduced the number of retailers. Oregon also has some of the most restrictive online vape sales rules in the country.
Washington Flavor Ban
Washington's flavor ban went into effect on January 1, 2026. The new law bans the sale of all flavored vaping products, including disposables. Tobacco flavor is exempt. The state also has a significant excise tax on vape products. The ban has been controversial, with lawsuits pending from vape industry groups arguing it's overly broad and harms adult smokers who use vapes to quit.
