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Home2024 State Legislation

State Legislation

Below is a list of current legislation SFATA is following and/or actively engaged in. We encourage you to step in to help in any way you can - be that with your time or funds. It is especially important to support states where you have business interests. They simply cannot do it alone.

Last updated: January 26, 2024

State Bills and Local Ordinances




SB 89 (carryover from 2023), which imposes a tax on electronic smoking products and vapor products at the rate of 25% of the sales price and caps the amount of nicotine in vapor products at 50 milligrams of nicotine per milliliter of vapor product, was referred to the House Labor and Commerce Committee and to the House Finance Committee on January 16, 2024.


Fairbanks: The City of Fairbanks is considering a tobacco excise tax increase from 8% to 20%. The first reading was on 9/25/23 and passed 7-0 with no discussion. SFATA AK has a lobbyist working in the state alongside April Meyers and Schell Hammel.




SB 1130 establishes a statewide licensing program for tobacco vendors, effective  January 1, 2026. The license would be valid for one year and needs to be renewed.


Tempe (Maricopa County) general flavor ban. The amended language was presented on Dec. 7 at an HSCS meeting. It was brought forward to a full council work session on Dec. 8, where the agenda item was continued (no presentation or discussion took place) until Jan. 12.  City staff has notified retailers, stakeholders, and the community that the ordinance has been delayed for a future meeting, but a date has not been set yet. The flavor ban language was removed from the ordinance in January and instead will focus on establishing the AOP to 21 and introducing a TRL program. Community input meetings will be held throughout March, and a community survey will be open until April 4.

CASAA Call to Action Link




El Dorado County: The BOS on 1/30/24 will pass a tobacco retailer license moratorium to review possible updates of the County’s TRL. No date for review of TRL has been set.



Fresno (Fresno County): The City of Fresno is moving forward with a resolution that includes a ban on the sale of “e-cigarettes.” While the language of this proposal appears to allow for all other forms of nicotine and tobacco to be sold, the less harmful option, vaping, is being banned.

CASAA Call to Action Link

The full council is scheduled to meet on January 11 and January 18, but no agendas are available. This resolution has been under consideration since 2022, and we expect an amendment to come up for debate and a vote soon.


San Mateo (San Mateo County): The city council had a first reading on 8/21/23 to update current tobacco retail permits language to include higher penalties. The council passed the ordinance unanimously. The 2nd reading passed on 9/18/23 and is effective 30 days from passing.


Sonoma County (Sonoma County): The BOS had a first reading on 10/24/23 to make amendments to the TRL, which included full vape and flavor bans. The first reading passed. BOS held the second reading on 11/7/23 and pulled the agenda item from the consent calendar. Supervisor Rabbitt discussed the vote based on the need to have retailer outreach and focus the amendments on youth access.  No follow-up date was provided.


Temecula (Riverside County): On 7/25/23, staff gave the Council a presentation on the need to update the language of the City’s TRL. The focus of the Council was on smoke shops and rezoning all future shops. The Council passed the first reading on 8/22/23 and the 2nd reading on 9/12/23. No further restrictions on flavors were included.


Union City (Mendocino County): On 7/25/23, the city council was presented with various options for a possible draft ordinance to consider a TRL. Staff offered recommendations to the city council on 1/9/24, which included a full vape ban, minimum retailer distance in youth-sensitive areas, and no coupons/discounts. The first reading was on 1/23/24.


Vista (San Diego County): On 8/8/23, staff presented the City Council with a cap to the number of retailers in the City. The council gave directions to grandfather all current tobacco retailers and allow the transferability of a license. The council directed staff to return with the draft ordinance on what options it can legally consider. The council meeting heard the first reading on 10/24/23 and passed it. The second reading was passed on 11/14/23.


Willits (Mendocino County): The city is considering adding more restrictions to the statewide flavor ban. Staff have not indicated when a draft ordinance will be considered. We will continue monitoring upcoming city council agendas. The last meeting was on 1/10/24.


SB 22, which grants counties the power to adopt a resolution or ordinance to prohibit the sale of tobacco products, including prohibiting the sale of flavored tobacco and vapor products.  SB22 was referred to the Senate Local Government & Housing Committee on 1/10/24. 


New Haven: An alderman put forward a request to hold a public hearing on a possible menthol cigarette ban in New Haven.  The hearing was held on October 5, 2023. The item was “read and filed”. No legislation was filed. SFATA will continue to monitor.


CT SFATA has employed a lobbyist in the state for the last 8 years that works in conjunction with SFATA national leadership.


HB 1007 (PMTA Registry), which requires nicotine product manufacturers to execute and deliver a form to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation for each product sold within this state that meets certain criteria. HB1007 also requires the division to develop and maintain a directory listing of certified nicotine product manufacturers and certified nicotine products. This bill has been referred to the following committees: House Commerce Committee, House Appropriations Committee, and the House Regulatory Reform & Economic Development Subcommittee. A Senate companion bill (SB 1006) has been referred to the following Senate committees: Fiscal Policy, Appropriations on Agriculture, Environment, General Government, and Regulated Industries.

CASAA Call to Action Link


HB 1563 repeals existing state law that preempts localities to regulate the sale of cigarettes, tobacco products, and electronic smoking devices. As a result, the bill allows counties to adopt ordinances that regulate the sale of cigarettes, tobacco products, and electronic smoking devices that do not conflict with and are more stringent than the state law that governs smoking.

Hawaii County: On 12/5/23, the County of Hawaii’s Policy Committee on Health, Safety & Well-Being heard a presentation on Bill 102 to add a new article to prohibit flavored tobacco products.  The Committee heard public comments, discussed the Bill, and voted in support of the bill.  On 12/20/23, Bill 102 passed without changes. The council passed the second reading on 1/10/24. The ordinance is on hold until state legislators remove the state-only mandate on tobacco flavor bans.


SB 2662, which amends the Preventing Youth Vaping Act to prohibit a manufacturer or retailer from advertising or promoting a vapor product in a manner that is likely to cause a parent, legal guardian, teacher, or other adult to mistake the vapor product for a product that is not a tobacco product, was referred to the Senate Assignments Committee.

Evanston: On 6/5/23, the Human Services Committee discussed a potential flavor ban. The ordinance was drafted and brought back to the Human Services Committee on 7/7/23 for further consideration. That meeting was delayed until 8/7/23. Item was amended and sent to the full council for consideration. The amended version only bans flavored vapor and menthol tobacco products. The next meeting was scheduled for 10/23/23, when it was amended to ban the sale of all flavored tobacco products. The amended version also expands the definition of “flavored tobacco product” to include products with a “cooling agent.” Adopted on November 27 by a vote of 6-3; Effective April 1, 2024.


SB 227 (PMTA Registry) requires every manufacturer of alternative nicotine products or vapor products to certify to the Department of State Revenue that the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the FDA, or that the products were marketed in the US as of August 8, 2016, or the manufacturer submitted a PMTA for the products to the FDA on or before September 9, 2020. The bill requires the Department to develop and maintain a directory that lists all alternative nicotine product or vapor product manufacturers and all alternative nicotine products and vapor products. SB227 is on the Senate Tax and Fiscal Policy Committee agenda for consideration on January 23, 2024.


CASAA Call to Action Link


LD1923 (SP785), which provides for licensing of and tax collection from remote retail sellers of premium cigars and pipe tobacco, will be heard in the Joint Committee on Health and Human Services on January 25, 2024.

Falmouth: The Falmouth Ordinance Committee held a meeting on 10/11/23 to discuss a draft ordinance that would ban the sale of flavored tobacco products in Falmouth. A Public Hearing was held on 11/27/23, and a final vote was taken on 12/11/23, which passed.  The ordinance was adopted on 12/11/23.  Effective March 12, 2024.


Hallowell: On 9/26/23, the City Council discussed a potential ban on flavored tobacco products in Hallowell. The council referred the discussion to the Health and Wellness Committee. The committee discussed the proposal on 10/24/23. A formal public hearing was held on 1/8/24Final action is expected on 2/12/24.


Sanford: The City Council is considering a potential flavor ban, which was discussed at a work session on 1/9/24. The ordinance is currently under legal review. The next City Council meeting is scheduled for 2/6/24.




Abington: The Board of Health (BOH) is considering changes to their local tobacco regulations. There is no draft available currently.


Dover: The Board of Health is discussing a permit cap. There are currently two (2) licenses in Dover, and the BOH would like to cap the number of licenses at 2.


Malden: The Board of Health will hold a public hearing on 1/31/24 to discuss a nicotine-free generation proposal.  


Melrose: The Board of Health is currently discussing a “Tobacco Free Generation.” A public hearing was expected at their October meeting. No draft at this time, but current intel suggests the DOB restriction will be similar to Brookline.


Stoneham: The Board of Health held a Public Hearing on 10/17/23 to discuss the topic of a "Nicotine Free Generation."


Wakefield: The Board of Health held a Public Hearing on 10/18/23 to discuss the topic of a "Nicotine Free Generation."




SB647: If enacted would repeal preemption for sale or licensure of tobacco products.  Repealing preemption would give municipalities the ability to enact its own laws that are more strict than state regulations.  This type of “patchwork” regulation is a nightmare to navigate for businesses. 


HB5198 prohibits descriptors and certain marketing of flavored nicotine products.


SB648 enacts a 57% wholesale tax on vapor products containing nicotine.  It also raises the OTP from 32% to 57%.  The bill also includes an increase to the cost of cigarettes.


SB649 prohibits flavors, including menthol in vapor and tobacco products. 


CASAA Call to Action Link




Blaine (Anoka County) – On 7/19/23, Blaine City Council held a work session that included a discussion focused on increased penalties for sales violations, the minimum price of cigars, and a flavor ban that included menthol, mint, and wintergreen.  Following that work session, the council directed staff to focus on increased penalties but did not give specific direction on the flavor ban. According to staff, the flavor ban was not removed; however, the policy was expected to return to a work session for further discussion before moving to a formal city council meeting. Our friends at NATO have spoken with the Mayor of Blaine, who indicated he does not support a flavor ban and does not think the council does either.  The City Council held another workshop on 8/15/22 to discuss updating the tobacco ordinance to include a flavor ban with a 21 exemption, as well as a cigar minimum pricing update. The next meeting date is unknown.  On 12/12/23, it was discovered the draft included language prohibiting the sale of all flavored tobacco products. Following a city council workshop, the council removed any language prohibiting flavored products. The new ordinance will come before the council on 2/6/24 and will require two readings before passage.


Minneapolis: (Hennepin County): On 12/7/23, Council heard the 2nd reading for disallowing price discounts and coupons and for increasing penalties for retailers who violate city tobacco policies. The city council decided to pull the item due to a lack of 30 days' notification to retailers on the upcoming council meeting. City staff will start the process again sometime in the first quarter of 2024.


LB 1296 requires vapor product manufacturers to certify with the state that the manufacturer has either received a marketing authorization from the FDA or the vapor product was marketed as of August 8, 2016, and the manufacturer has submitted a PMTA with the FDA on or before September 9, 2020, that remains under review or in appeal. The manufacturers’ certification would be required to separately list each vapor product they sell in the state. Further, beginning October 1, 2025, the Tax Commissioner would be required to make the directory publicly available, and any vapor product not listed in the directory would be prohibited from being sold in the state.  The bill also prohibits the delivery sale of vapor products.

LB 1299 modifies the excise tax on vapor products to an increased rate of 20% of the purchase price on all vapor products. The current vapor tax is 5 cents per milliliter of consumable material for products containing three milliliters or less and 10% of the purchase price for products containing over three milliliters of consumable material.

New Hampshire:

SB 305, which permits wholesalers of cigarettes to retain one cent of the tax collected for each package of stamped cigarettes as compensation for affixing tax stamps and collecting and remitting tax revenue, was voted “ought to pass” by the Senate Ways and Means Committee on January 17, 2024.

SB 433, which establishes a commission to study the enforcement and collection of taxes on electronic cigarettes, is scheduled for a hearing in the Senate Ways and Means Committee on January 25, 2024.

New Jersey:


Pequannock Township: The Township Council (acting as the Board of Health) is considering a vapor ordinance. As written, the ordinance would prohibit all flavored vapor products, including the flavors of tobacco and menthol. The measure also implements a license fee of $1,200 and makes it unlawful for a business that holds a retail food establishment license issued by the Health Department, and/or a license for the retail sale of motor fuel issued by the State of New Jersey, and/or a liquor license issued by the State of New Jersey, to sell electronic smoking devices, components or parts, electronic liquid, liquid nicotine, and vapor products. The Township is currently going through reorganization, and the ordinance is not expected to be introduced until after 1/9/24. The item was not on the agenda for the January 9 meeting.


New Mexico:


SB 80 prohibits the sale of all flavored tobacco and flavored vapor products.


New York:


Albany: Tobacco retailer license with distance restrictions was introduced and referred to the Law, Building, and Code Enforcement Committee on 11/6/23, which prohibits a tobacco retail license within 500 feet of a school or public park. The measure also prohibits licensees from being within 1,000 feet of other licensed tobacco retailers. If the business is within the prohibited areas, the owners cannot sell or transfer that business to new owners. As written, the city would reduce the number of licenses by only allowing the issuance of 1 license for every 2 licenses that are “revoked or expired and not renewed during the previous year.” The city will continue to reduce the cap until there are only 20 licenses available in Albany. The measure contains an exemption that allows gas stations to transfer their license to a new owner. The measure will be considered in committee on February 27.


Suffolk County: The Suffolk County Legislature is considering a ban on vaping devices that are practically indistinguishable from common school supplies (highlighters, usb drives, ballpoint pens, smartphone cases, smartwatches, and backpacks).  Public hearing recessed on 12/5/23. The public hearing was closed on 12/19/23.


HB33, an appropriations bill, was passed on 7/4/23. Notably, a statewide flavor ban was removed from the final language while preemption of local nicotine laws (prohibiting municipalities from enacting stricter regulations than the state) was included. Governor DeWine used his line-item veto power to reject the state preemption of tobacco regulations. A three-fifths majority was needed to reverse the governor’s veto and put a stop to the march of reckless anti-harm reduction ordinances at the local level. On  12/13/23, the Ohio house voted in favor of overriding Governor DeWine’s veto. However, the Senate adjourned before taking its own vote on the matter. On 1/24/24, the Senate voted 24-8 to override Governor DeWine’s veto. This means that all tobacco and nicotine regulations imposed by local governments cannot exceed state laws. This action effectively reverses any flavor bans that took effect before the passage of this legislation.

The Ohio Vapor Trade Association is a SFATA partner organization that has been working hard to defeat destructive policies such as HB33. 

Amherst: Considering a Tobacco Retailers License Ordinance. Distance restrictions and license cap removed at the direction of the Mayor. License fee of $450. Tabled on 12/11/23 and will be considered again in January.

Athens: On 2/20/23, the Mayor informed the City Council that he will be bringing a flavor ban ordinance forward for consideration. Considering a TRL ordinance with a 500-foot distance restriction from youth-oriented facilities. Amended on 12/4/23 to allow for the grandfathering of current business.  Amended again on 12/11/23 to allow new owners of an existing business located within the 500-foot barrier to apply for and obtain a license. Tabled on 12/18/23. Expected to be considered again in early 2024.

Brunswick: Implementing a temporary moratorium on smoke shops and vape shops that will only impact new applications. Will continue to monitor for additional ordinances related to the zoning of these establishments in Brunswick. Considering a TRL ordinance. Current businesses are grandfathered and will be allowed to transfer their licenses to new owners.

Cincinnati: According to media reports, the City Council is expected to consider a full flavor ban soon. Currently, no ordinance has been introduced; however, the President Pro Tem has indicated she is working on an ordinance for introduction. Will continue to monitor.


Columbus: The Columbus City Council considered a flavor ban ordinance. A Town Hall was held on 10/25/23 and a public hearing was held on 11/9/23.  The first reading was held on 11/21/23. A small business conversation was held on 11/30/23 and a second public hearing on 12/1/23. The measure was adopted on 12/12/23; Effective January 1, 2024.

Fairfield: The city is looking into zoning amendments for tobacco and vape shops. The amendments would place distance restrictions on these establishments. All current businesses would be grandfathered, and these amendments would only apply to new shops.


Grandview Heights: The City Council received a presentation from the Coalition to End Tobacco Targeting on 12/5/22. Flavor ban and TRL were introduced on 7/24/23. Second Reading held on 8/7/23. Adopted on September 5; Effective January 1, 2024.


Lorain: The Lorain City Council has considered a TRL ordinance with distance restrictions and a population density cap.  All current retailers will be grandfathered. However, the draft ordinance does not allow for transferability. A brief discussion was held on 11/6/23, when the measure was adopted.


Middletown: The Board of Health is currently discussing potential distance restrictions and a license cap at the current license number of 26. The current businesses are expected to be grandfathered. The measure is not yet available for review.


Shaker Heights: Considering implementing a TRL ordinance. The enforcement of the licensing component would be handled by Cuyahoga County.


Springboro: The Springboro City Council has imposed a 270-day moratorium on new vape shops. Gas stations and C-Stores are not affected by this moratorium.


Worthington: On 5/15/23, the City Council voted unanimously to move forward with the drafting of a full flavor ban ordinance. According to meeting minutes, the action was postponed until Q3/Q4 of 2023. Then, on 11/6/23 the measure was introduced. A public hearing was held on 11/20/23 when the measure was also adopted.  The ordinance states that the amendments to Chapter 265 shall become effective on January 1, 2024. No fines or penalties s/hall be imposed for violations related to the illegal sale or distribution of flavored tobacco products that occur on or before March 31, 2024.


Multnomah County: The Multnomah County Board of Commissioners received a presentation from the county health department on 8/15/22. The presentation was on the impact of tobacco on youth and the prevalence of flavored tobacco products among youth. The ordinance passed the second reading; effective January 1, 2024.  Retailers have filed a lawsuit against the county to block the ban.

Rhode Island:

H7225 (Art 6 sec. 16) A provision in this must-pass budget bill would tax vapor products at an outrageous 80% of the wholesale price. While increasing taxes on cigarettes are shown to affect people quitting smoking, raising taxes on safer products like vaping are known to discourage people from switching to less risky products.

CASAA Call to Action Link


SB61 codifies the nicotine content limit for electronic cigarettes. If enacted, the bill would limit nicotine to i) 360 milligrams per container; or (ii) a nicotine concentration of 24 milligrams per milliliter; and (b) a product described in Subsection (2) may not exceed: (i) 3% nicotine by weight per container; or (ii) a nicotine concentration of 36 milligrams per milliliter.


SB18 (Carryover) If enacted, would ban the retail sale of flavored cigarettes (including menthol), flavored OTP, e-cigarettes and e-liquids. Hearing held in the House Committee on Human Services on 1/11/24.         

SB649 Prohibits the sale of flavored products regardless of FDA authorization or having received a modified risk order. If enacted, the bill would ban sales of products that FDA has already authorized, including products that are allowed to be marketed as less harmful than cigarettes.

CASAA Call to Action Link


SB 550 (PMTA Registry - same as HB 1069) requires every manufacturer of nicotine vapor products to certify to the AG that the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the FDA, or the products were marketed in the US as of August 8, 2016, or the manufacturer submitted a PMTA for the products to the FDA on or before September 9, 2020. The bill requires the AG to establish and maintain a directory that lists all liquid nicotine or nicotine vapor products.

CASAA Call to Action Link


SB6118 (PMTA Registry) If enacted, this law would effectively make the state of Washington an enforcement arm of the Food and Drug Administration, empowering state authorities to enforce the disastrous federal anti-vaping regulations. This would put hundreds of independent vape shops out of business, hundreds of workers out of jobs, and thousands of Washington residents at risk of returning to smoking or delaying attempts at quitting.

CASAA Call to Action Link