New Legislative Trends in Vaping: What to Expect in 2025
The landscape of vaping regulations continues to shift as lawmakers introduce new restrictions on the sale and distribution of vape products. In the past, the primary method of limiting consumer access to vaping products was through flavor bans, prohibiting all flavors except tobacco—or, in some cases, tobacco and menthol. These bans remain a favored approach among public health organizations and anti-vaping groups. However, another regulatory strategy is now gaining traction: PMTA registry laws, a tactic supported by major tobacco companies to control market access.
In 2025, state legislatures across the country are considering both flavor bans and PMTA registry laws. Currently, at least 20 states have introduced registry bills, while eight states are evaluating flavor bans, including potential restrictions on flavored nicotine pouches. Some of these bills have already made significant progress, passing through key legislative committees or advancing to state legislatures for voting. On the brighter side, a few bills that support consumer choice have also been proposed.
PMTA Registry Laws: What You Need to Know
For the past three years, leading tobacco corporations, including Altria Group and R.J. Reynolds, have been pushing for state laws that establish approved product registries. These laws create official state directories listing vaping products that are legal to sell—typically limiting the list to those already authorized by the FDA, under review through a premarket tobacco application (PMTA), or pending a court appeal after receiving a marketing denial order (MDO).
Manufacturers must apply for inclusion in these registries, providing certification under penalty of perjury and often paying an annual fee for each listed product. Since the only FDA-authorized vaping products belong to major tobacco companies—Altria (NJOY), Reynolds (Vuse), and Japan Tobacco (Logic)—these registry laws effectively limit consumer access to independent and small-brand vaping products.
Historically, Republican-led legislatures have been the primary targets for these registry bills, as GOP lawmakers, particularly in the southern states, have been more receptive to lobbying efforts from major tobacco firms. However, 2025 has seen a shift, with some Democratic legislators also introducing registry bills, despite the Democratic Party’s general alignment with anti-vaping organizations that prefer flavor bans over registry laws.
As of this year, 10 states have enacted PMTA registry laws. The earliest adopters—Alabama, Louisiana, and Oklahoma—already have these laws in effect, while Wisconsin’s law is set to be enforced starting July 1, 2025. More recently, Florida, Iowa, Kentucky, North Carolina, Utah, and Virginia have passed similar laws, although enforcement in Iowa and Utah is currently stalled due to ongoing court challenges.
The Push for Flavor Bans
Unlike PMTA registry laws, which still permit certain vaping products under FDA authorization, flavor bans take a much stricter approach, eliminating all flavored vapes aside from tobacco (and sometimes menthol). This prohibition-based strategy is heavily supported by groups like the Campaign for Tobacco-Free Kids (TFK), which argues that banning flavored vapes is the best way to prevent youth uptake. TFK has played a major role in lobbying for and securing the passage of nearly every successful state and local flavor ban in the U.S.
One of the key reasons TFK opposes PMTA registry laws is that they rely on FDA regulations, which could eventually approve flavored vaping products. If this were to happen, flavor bans could be overridden by registry laws, potentially opening the market to more diverse options that TFK seeks to prevent. Given its strong influence within the Democratic Party, TFK has primarily succeeded in pushing flavor bans through Democrat-led state governments.
Currently, six states have outright banned flavored vaping products: California, Massachusetts, New Jersey, New York, Rhode Island, and Utah. Additionally, flavored vapes are prohibited in Washington, D.C., as well as several major cities, including Chicago, Denver, and Columbus, Ohio. Some of these bans also extend to flavored nicotine pouches.
Positive Legislative Efforts for Vapers
While many legislative efforts focus on restricting vaping, some proposed bills aim to protect consumer choice. In Kentucky, two bills—HB 62 and SB 269—seek to suspend the state’s existing PMTA registry law, which took effect in early 2025. Kentucky residents concerned about vaping access should contact their legislators to support these bills.
Meanwhile, in Rhode Island, bills H 5329 and S 543 propose an amendment to the state’s current flavor ban, allowing vape shops to sell flavored products. H 5329 has stalled in committee, but S 543 remains active. Advocacy groups such as the Consumer Advocates for Smoke-free Alternatives Association (CASAA) have issued Calls to Action, urging residents to push for these bills’ passage.
source：https://guidetovaping.com/vaping-laws-2025-updates/
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