Vaping Laws in Louisiana: Vape Directory, Age & Tax Guide 2025

Vaping Laws in Louisiana

From the vibrant streets of New Orleans to the bayous and beyond, Louisiana has established itself as a state with some of the most stringent and impactful vaping regulations in the United States. This guide provides an in-depth look at Louisiana’s current vaping laws, unpacking the details of V.A.P.E. Directory(Act 414), its consequences, and what consumers, retailers, and manufacturers need to know to navigate this tightly controlled landscape.

Yes, vaping is legal for adults aged 21 and over in Louisiana. However, it is subject to some of the most restrictive product availability laws in the nation due to the V.A.P.E. Directory system, alongside specific rules on taxation and where vaping is permitted.

The V.A.P.E. Directory Law in Louisiana

The cornerstone of Louisiana’s modern vaping laws is the Vapor and Alternative Nicotine Product Entry (V.A.P.E.) Directory, established under Act 414 of the 2023 Regular Legislative Session. This state-managed registry, maintained by the Louisiana Office of Alcohol and Tobacco Control (ATC), lists all approved vapor products that can be legally sold, distributed, or imported for resale in Louisiana. The fundamental rule is simple and profound: No vapor products may be sold in Louisiana unless they are listed on this directory.

1

How Products Get on the V.A.P.E. Directory

For a product to be included, manufacturers must certify to the ATC that their products meet specific criteria tied to the U.S. Food and Drug Administration’s (FDA) Premarket Tobacco Product Application (PMTA) process. A product must satisfy one of the following conditions:

  1. It was on the U.S. market as of August 8, 2016, a PMTA was submitted to the FDA by the September 9, 2020, deadline, and that application remains under active FDA review.
  2. It has received a full marketing authorization order (MGO) or other authorization from the FDA.
  3. It received a “no marketing order” (MDO) from the FDA but has obtained a stay or injunction during a pending appeal.

Manufacturers must pay an initial certification fee of $100 per product SKU and an annual renewal fee of $100 per SKU to get and keep their products on the directory. The directory is updated monthly, and retailers are responsible for ensuring their inventory aligns with the current approved list.

2

Impact on Product Availability

The V.A.P.E. Directory system has dramatically reduced the number and variety of vaping products available on Louisiana shelves. Since the FDA has authorized only a very small number of e-cigarette products (primarily tobacco-flavored options from major tobacco corporations), the law effectively bans the vast majority of previously available items, especially flavored disposable vapes like Elf Bars, Puff Bars, and EscoBars, which lack FDA marketing authorization.

signage in Louisiana vape shop

Louisiana’s regulations around the sale of vaping products are designed to be robust and comprehensive, with a clear focus on preventing youth access.

1

Minimum Legal Sales Age: Strictly 21

Louisiana aligns with federal “Tobacco 21” law, making it illegal for any manufacturer, distributor, retailer, or other person to sell or distribute any tobacco product, alternative nicotine product, or vapor product to an individual under the age of 21. It is also unlawful for any person under 21 to buy or possess these products, with limited exceptions such as being in a private residence or accompanied by a parent.

Retailers are required to check a valid government-issued photo ID for any purchaser and must display signage in at least 30-point type stating: “LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS, VAPOR PARAPHERNALIA AND DEVICES TO PERSONS UNDER AGE 21”.

2

Retailer Licensing Requirements

All businesses selling vaping products in Louisiana must obtain the proper licenses from the Louisiana Office of Alcohol and Tobacco Control (ATC). The licensing structure includes:

  • Retail Dealer Permit: $25 per year for each retail outlet.
  • Wholesale Dealer Permit: $75 per year for each wholesale business location.
  • Vending Machine Operator Permit: $75 per year for operators.
  • Vending Machine Permit: $5 per machine per year.

All permits must be renewed annually.

3

Sales Practices and Distribution Rules

  • No Self-Service Displays: Self-service displays are restricted to tobacco businesses only, to prevent direct access by minors.
  • Vending Machines: Vending machine sales are limited to age-restricted settings where individuals under 21 are not permitted.
  • Online Sales: Online retailers must verify the age (21+) of purchasers through a real-time electronic platform and require a signature from a person 21 or older upon delivery.
  • Wholesale Requirement: Recent legislation (HB 621, Act No. 567) now requires vape retailers to purchase their products only from licensed Louisiana wholesalers. This eliminates the previous practice of buying directly from manufacturers and is intended to increase oversight and control over the supply chain.
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Where Vaping is Prohibited in Louisiana

Louisiana’s laws on public vaping are a mix of specific statewide prohibitions and a heavy reliance on local ordinances.

1

Statewide Prohibitions

While Louisiana’s statewide Clean Indoor Air Act has not been amended to include a general ban on vaping wherever smoking is prohibited5,30,31, state law does explicitly ban vaping in several key locations:

  • School Property: The use of all vaping products is prohibited on any school property, including school buildings, grounds, playgrounds, and in school vehicles or at school-sponsored events.
  • Vehicles with Children: It is unlawful to use a vaping device in a motor vehicle when a child under the age of 13 is present, regardless of whether the windows are open or closed, under La. Stat. Ann. § 32:300.4. Violations can result in a $150 fine or community service.
1

Local Ordinances: A Patchwork of Stricter Rules

Many of Louisiana’s municipalities have passed their own comprehensive smoke-free air ordinances that do include e-cigarettes, creating stricter rules than the state law. This means that in many cities and parishes, vaping is banned in indoor public places like workplaces, restaurants, and bars. Municipalities with such restrictions include:

  • Baton Rouge / East Baton Rouge Parish
  • New Orleans
  • Lafayette Parish
  • Lake Charles
  • Monroe
  • And many others.

It is essential for vapers to be aware of and look for signage indicating local rules, as they can vary significantly across the state.

Taxation of Vaping Products

Louisiana imposes a state excise tax on the consumable liquid used in vapor products. The tax rate is $0.15 per milliliter of vaping liquid. This tax was increased from a previous rate of $0.05 per milliliter in 2023. The tax applies to any solution or other material containing nicotine that is intended to be used in a vapor product. The revenue from this tax is directed to the state general fund, with portions allocated for enforcement and related expenses.

Where Vaping is Prohibited in Louisiana

Enforcement and Penalties for Non-Compliance

The Louisiana Office of Alcohol and Tobacco Control (ATC) is the primary agency responsible for enforcing the state’s vaping regulations, including the V.A.P.E. Directory. The ATC conducts regular compliance checks and has carried out multi-agency operations that have resulted in significant seizures of illegal products, arrests, and the suspension of business licenses.

Penalties for violations are severe:

  • For Manufacturers: A fine of $1,000 per day for each unlisted product offered for sale.
  • For Retailers/Wholesalers: Fines under various Louisiana Revised Statutes for each unlisted product SKU found in their inventory or offered for sale.
  • Product Removal: All products not listed on the V.A.P.E. Directory must be removed from retail premises by the 5th of each month, as the directory is updated on the 1st.

Conclusion:

Louisiana has established one of the most restrictive and actively enforced vaping regulatory frameworks in the United States. For consumers, this means a significantly limited selection of legal products. For retailers and manufacturers, meticulous compliance with the V.A.P.E. Directory and all licensing and sales regulations is absolutely paramount to avoid severe penalties. As Louisiana continues to navigate the complex balance between public health protection and market realities, its policies will likely continue to evolve and serve as a key case study for other states considering similar comprehensive vaping regulations.


References

  1. Louisiana Legislature – RS 14:91.6 (Prevention of youth access to tobacco)
  2. Louisiana Legislature – Act 414 of 2023 Regular Session
  3. Louisiana Dept. of Revenue – Vapor Products Excise Tax Calendar
  4. Louisiana Dept. of Revenue – Tobacco Tax Calendar
  5. Louisiana Dept. of Revenue – Tobacco Products Permits
  6. Louisiana Legislature – RS 26:902 (Permits required; fees)
  7. Louisiana ATC – VAPE Directory Information
  8. Louisiana ATC – Advisory on Certification and VAPE Directory (PDF)
  9. Louisiana Dept. of Revenue – ATC to Resume Enforcement of Vapor Product Restrictions (2024)
  10. Ecigator News – Louisiana to Ban Vaping in Cars with Children
Matthew Ma
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