These six states have laws that explicitly ban the sale of flavored vaping products statewide. Each state's law has different scope, exemptions, and enforcement mechanisms.
States with Menthol Ban
States with Menthol Exempt
First State to Ban
| State | What's Banned | Menthol | Effective Date | Enforcement | Key Law |
|---|---|---|---|---|---|
| California | All flavored tobacco/vape products. AB 762 banned all disposables Jan 1, 2026. Cooling-sensation products also banned. | Banned | Dec 2022 (SB 793) + Jan 2026 (AB 762) | Active. AB 573 (2025) added seizure authority. | SB 793 + AB 762 |
| Massachusetts | All flavored tobacco products including vapes. Exceptions: licensed smoking bars (on-site consumption only). 168 municipalities with additional local ordinances. | Banned | June 1, 2020 | Active. Densest local restriction network. | Chapter 270, Section 6 |
| New Jersey | All flavored e-cigarettes. Does NOT cover menthol cigarettes or flavored cigars at state level. 4 localities with stricter ordinances. | Exempt | April 20, 2020 | Active. Hanover, Jersey City, Vineland, Westfield have local additions. | NJSA 2A:170-25.36 |
| New York | All flavored e-cigarettes, except those with FDA marketing authorization. PMTA directory law effective Dec 2025. Online sales of liquid-containing vape products prohibited statewide. | Exempt (theoretical) | May 18, 2020 | Active. No flavored e-cig has FDA authorization, so exemption is moot. | Public Health Law §1399-aa |
| Rhode Island | Flavored e-cigarettes. Originally exempted menthol (2020); exemption ended Jan 1, 2025 under state budget extension. 6 localities with additional restrictions. | Exempt (ended Jan 2025, re-examined) | Oct 2020 (original) + Jan 2025 (menthol) | Active. Menthol exemption status under review. | State Budget Extension |
| Utah | All flavored e-cigarettes. Originally exempted menthol and mint; 2024 amendments removed exemptions. Also enacted PMTA directory law (currently delayed by court challenge). | Exempt | Jan 1, 2025 (after 2024 amendments) | Active flavor ban. PMTA directory delayed by litigation. | Utah Code 76-10-101 |
For California-specific details, see our California AB 762 guide. For a complete list of FDA-authorized products that are legal in all 50 states, see our FDA-authorized vapes buying guide.
FLAVOR BAN California (AB 762) — Strictest in the Nation
FDA Status: California's AB 762 is the nation's strictest disposable vape ban, effective January 1, 2026. It bans ALL disposable vapes regardless of flavor or FDA authorization status. This means even FDA-authorized disposables cannot be sold in California. SB 793 (2022) separately bans all flavored tobacco products including menthol. Availability and legality: illegal statewide.
California is the only state that bans disposables by product format (not just flavor). AB 762, signed into law in 2025 and effective January 1, 2026, prohibits the sale of all disposable electronic cigarette devices. This means Elf Bar, Lost Mary, Geek Bar, and even FDA-authorized disposable products are illegal in California. SB 793 (upheld by voters in November 2022) separately bans all flavored tobacco products, including menthol.
What's Still Legal
- Refillable tank/pod systems (non-disposable)
- Tobacco-flavored e-liquid (unflavored)
- Premium cigars ($12+ retail)
- Loose-leaf pipe tobacco
- Hookah in licensed 21+ lounges
What's Banned
- All disposable vapes (any brand, any flavor)
- All flavored e-liquids (fruit, dessert, mint)
- Menthol-flavored products
- Cooling-sensation products (Jan 2025)
- Online sales to California addresses
FLAVOR BAN Massachusetts — First State to Ban
FDA Status: Massachusetts banned all flavored tobacco products including menthol on June 1, 2020 — the first state to do so. The ban applies to all flavored e-cigarettes. Only FDA-authorized products in tobacco or menthol flavor could theoretically be sold, but since MA bans menthol, only tobacco-flavored FDA-authorized products are legal. Availability and legality: flavored products illegal statewide.
Massachusetts set the template that other states followed. The ban includes menthol — one of only two states (with California) to do so. The state also has 168 municipalities with additional local ordinances, making it the densest local restriction network in the country. Licensed smoking bars can sell flavored products for on-site consumption only.
What's Still Legal
- Tobacco-flavored FDA-authorized vapes
- Refillable devices (non-disposable)
- Unflavored e-liquid
- Licensed smoking bar on-site consumption
What's Banned
- All flavored e-cigarettes (any flavor)
- Menthol-flavored products
- Online flavored vape sales
- Most disposable brands (not FDA-authorized)
FLAVOR BAN New York — PMTA Exemption is Theoretical
FDA Status: New York bans all flavored e-cigarettes except those with FDA marketing authorization. Since no flavored e-cigarette has received PMTA authorization as of September 2026, the exemption is theoretical. NY also enacted a PMTA directory law (effective Dec 2025) and prohibits online sales of liquid-containing vape products statewide. Availability and legality: flavored products illegal statewide.
New York's law appears to have an escape hatch — flavored products with FDA authorization are exempt. But since the FDA has only authorized tobacco and menthol flavors (and only from 5 brands), no fruit, dessert, or mint-flavored vape is legal in New York. The separate PMTA directory law (December 2025) adds another layer: only products on the state-approved list can be sold. The online sales prohibition is the broadest in the nation — it bans all online sales of vape products containing liquid, requiring in-person purchase only.
What's Still Legal
- Tobacco-flavored FDA-authorized vapes
- Refillable devices (in-store purchase only)
- JUUL2 tobacco pods (PMTA-authorized)
- Device-only online purchases (no liquid)
What's Banned
- All flavored e-cigarettes (any brand)
- Menthol (no PMTA-authorized menthol vape exists)
- Online sales of liquid-containing products
- Non-PMTA products (under directory law)
