U.S. Vaping Map: States with Strictest Vape Sale Restrictions

As the Supreme Court hears arguments on the Food and Drug Administration’s (FDA) case against vaping companies marketing products with names that might appeal to young people, a map has emerged showing the U.S. states with the strongest over-the-counter vape sale restrictions.

According to the map, as of June 30, 2024, 36 states in the United States require a license for over-the-counter sales of vapes. The states that do not require a license include Arizona, Wyoming, Oklahoma, Illinois, Missouri, South Dakota, Michigan, North Carolina, South Carolina, Kentucky, Mississippi, Tennessee, West Virginia, and Delaware.

Youth Vaping Rates Decline, but Concerns Persist

The 2024 National Youth Tobacco Survey, released by the FDA and Centers for Disease Control and Prevention (CDC), reveals that 8.1 percent of all high school and middle school students use tobacco products. E-cigarettes remain the most commonly used tobacco products, with 5.9 percent (1.63 million) of middle and high school students using them, down from 2.13 million youth in 2023.

Among the 1.63 million e-cigarette users, 1.21 million were high school students, and 410,000 were in middle school. Eight out of ten of these users consumed flavored e-cigarettes, with fruit being the most popular flavor, followed by candy flavors, mint, and menthol. Disposable vapes were the most commonly used devices (54.6 percent of students), followed by refillable vape pods (15.6 percent). Half of these vape users reported using flavors with the words “ice” or “iced” in the name.

Also Read: U.S. Youth Tobacco Use Reaches 25-Year Low

FDA’s Efforts to Curb Youth-Appealing Vape Products

The Supreme Court hearing focuses on the names that vape brands are allowed to use on their products. Under a federal law introduced in 2009, the FDA is responsible for curbing tobacco and nicotine products used by minors. Since then, the FDA has made it increasingly difficult for companies to market their products using flavors and wording that appeals to young people, such as “rainbow road,” “pink lemonade,” and “Jimmy The Juice Man in Peachy Strawberry.”

The FDA has denied over a million marketing applications, resulting in only 27 companies being approved to sell vaping products to date. Many companies have taken the FDA to court as a result, with most courts siding with the FDA. However, the Fifth Circuit Court of Appeals sided with Dallas-based vaping company Triton Distribution, claiming that the FDA did not give enough warning before changing its approval requirements.

The Supreme Court is now hearing arguments on the case, which could have significant implications for the FDA’s ability to regulate the vaping industry and protect young people from the dangers of nicotine addiction.

Also Read: SCOTUS Hears Arguments on Trump-Era FDA Fruit-Flavored Vape Ban

Author
Recent Posts

Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.