Governments around the world have different attitudes towards e-cigarettes and nicotine. In the UK, government health agencies largely encourage the use of e-cigarettes. With smoking placing a heavy burden on the UK’s NHS, the country will save lives and money if smokers switch to vaping.
Many other countries also allow regulation of the e-cigarette market, but are less enthusiastic about the practice. In the US, the Food and Drug Administration (FDA) has authority over vaping products since 2016, but has refused to create a simple standard system for e-cigarettes and e-liquids. In recent years, some U.S. states have implemented flavor and online sales bans. Canada followed the UK’s model for a short time, but recently implemented nicotine concentration limits and extreme flavor limits.
More than 40 countries have some form of ban on e-cigarettes—whether possession and use, sale or import, or both. Here we have attempted to list flavor and online sales bans in each state in the United States, as well as sales and use bans implemented in other countries.
U.S. bans flavored e-cigarettes and online sales
The FDA has federal authority to regulate vaping products. In September 2020, the agency began reviewing premarket tobacco applications (PMTAs) and said it would not authorize flavored products without specific evidence. Whether the agency will succeed in developing an unwritten standard to eliminate legal flavored products (with the exception of tobacco and menthol) is likely to be decided by federal courts.
Most vaping bans in the United States have occurred at the state and local levels. While some cities in California — notably San Francisco — have banned the sale of all vaping products, most U.S. vaping restrictions involve flavors and online sales. While state legislatures have proposed numerous vaping bans in recent years, there have been only a handful of each — proving grassroots opposition can stop bad legislation.
Arkansas – Banning online sales
Tobacco licenses issued to Arkansas businesses only allow in-person transactions, so online sales are prohibited
California – Flavor Ban (suspended until 2022)
The California Legislature passed (and signed by the governor) a law in August 2020 to ban all “flavored tobacco”, including e-cigarettes. However, after a massive signature-gathering campaign, the law is being implemented until voters in the state decide whether to approve it in a November 2022 referendum. The law, if passed, would ban all flavors of e-cigarettes other than tobacco
Maine – Online Sales Ban
Maine bans online sales, except between licensed businesses
Massachusetts – Flavor Ban
The first statewide flavor ban was passed by Massachusetts in late 2019. It includes all tobacco products and bans the sale of all e-cigarette flavors except tobacco
New Jersey – Flavor Ban
New Jersey’s ban covers all flavors except tobacco. Lawmakers decided not to ban menthol cigarettes after realizing how much tax revenue the state would lose. Governor signs flavor ban and increases taxes on vaping products, but vetoes additional 20 mg/mL nicotine strength limit
New York – Flavor Ban + Online Sales Ban
The New York flavor ban, covering all flavors except tobacco, was passed in April 2020. The state also passed a ban on online sales at the same time (all vaping products)
Oregon – Online Sales Ban
Oregon bans online sales, except between licensed businesses
Rhode Island – Flavor Ban
In March 2020, then-Governor Gina Raimondo bypassed the state legislature and used the Department of Health to impose a permanent ban on all e-cigarette flavors except tobacco
South Dakota – Online Sales Ban South Dakota Ban
Shipping all tobacco products (including e-cigarettes)
Utah – Online Sales Ban
Utah bans online sales, except between licensed businesses
Vermont – Online Sales Ban
Vermont bans online sales, except between licensed businesses
Major cities that have banned flavors include Chicago, Illinois; Los Angeles (effective 2023), San Diego, Sacramento, Oakland and San Jose, California; and Boulder, Colorado. Hundreds of smaller cities and counties (mostly in California) had flavor bans, and some large cities had bans later replaced by state bans (like New York City and Newark, NJ)
San Francisco and some smaller California cities have blanket bans on vaping product sales
Countries that ban the sale or use of vaping products
In some countries, e-cigarettes are completely illegal, including sale and possession. Bans are most common in Asia, the Middle East and South America. Australia has a bizarre model of prescription-only vaping products, where unauthorised imports can result in huge fines. In Japan, nicotine vaping products are illegal, but heated tobacco products like IQOS are completely legal and widely used.
Some countries ban the use and sale entirely, others just ban the sale, and still others only ban products containing nicotine. In many countries, the law is ignored and the black market thrives. In other cases, they are enforced (but those still have a black market). If a country is not listed, then e-cigarettes are either permitted or regulated, or there are no specific laws governing e-cigarettes (as they are now anyway).
This is not meant to be the definitive legal guide for traveling vapers. If you are visiting an unfamiliar country, you should first check with the latest official sources such as the State Department of your home country or the Tourism Office of the country you are visiting.
Antigua and Barbuda
Legal use, illegal sale
Argentina
Legal use, illegal sale
Australia
Legally used, it is illegal to possess nicotine without a doctor’s prescription. Illegally importing nicotine can be subject to fines of up to $222,000. Penalties for possession vary by state, but can also be very severe
Bangladesh
Bangladesh currently has no laws or regulations specifically targeting e-cigarettes. However, in 2021, the government announced that it will update the country’s tobacco control laws to ban the sale of e-cigarettes outright.
Bhutan
Legal use, illegal sale
Brazil
Legal use, illegal sale
Brunei Darussalam
Legal use, illegal sale
Cambodia
Prohibited: illegal use, illegal sale
Chile
Legal use, illegal sale (except for approved medical products)
Colombia
Legal use, illegal sale
East Timor
believed to be banned
Egypt
Legal to use, illegal to sell – although the country may be on the verge of regulating vaping products
Ethiopia
considered legal to use, illegal to sell
Gambia
Illegal use, illegal sale
Hongkong
Legal use, illegal sale. The country’s ban on the sale, import, manufacture and promotion of e-cigarettes and heated tobacco products takes effect on April 30, 2022
India
Legal use, illegal sale. In September 2019, the central government of India banned the sale of vaping products. The government is well aware that 100 million Indians smoke and that tobacco kills nearly a million people every year, so it has done nothing to reduce access to cigarettes. Not coincidentally, the Indian government owns a significant portion of the country’s largest tobacco company
Iran
considered legal to use, illegal to sell
Jamaica
Legally use, illegally sell nicotine-containing products that are not medically licensed
Japan
Legal use, legal sale of devices and zero-nicotine e-liquid, but illegal sale of nicotine-containing liquids (although individuals can import nicotine-containing products, with some restrictions). Heated Tobacco Products (HTPs) like IQOS are legal and very popular
Kuwait
considered legal to use, illegal to sell
Lao People’s Democratic Republic (Laos)
Illegal use, illegal sale
Lebanon
Legal use, illegal sale
Macao
Legal use, illegal sale. There is currently no ban on import for personal use, but the government is working on it
Malaysia
Legal use, illegal sale of nicotine-containing products. Although consumer sales of nicotine-containing products are illegal, Malaysia has a thriving e-cigarette market. Authorities occasionally raid retailers and confiscate products. Johor, Kedah, Kelantan, Penang and Terengganu completely ban the sale of all vaping products (even without nicotine)
Mauritius
Legal use, illegal sale
Mexico
Legal use, illegal sale. Mexico’s president issued a decree in May 2022 banning the sale of all e-cigarettes and heated tobacco products. The law includes nicotine-free products
Myanmar
considered prohibited
Nepal
Legally used, possibly sold illegally (though the government itself doesn’t seem to be sure)
Nicaragua
considered illegal to use, illegal to sell
North Korea (Democratic People’s Republic of Korea)
Prohibited
Oman
considered legal to use, illegal to sell
Panama
Legal use, illegal sale
Qatar
Prohibited: illegal use, illegal sale
Seychelles
Legal use, illegal sale. However, in 2019 the country announced its intention to legalize and regulate e-cigarettes
Singapore
Prohibited: illegal use, illegal sale. As of 2018, possession of e-cigarettes is a crime punishable by fines and even jail time. However, the threat of prosecution won’t stop a thriving black market
Sri Lanka
Legal use, illegal sale
Suriname
Legal use, illegal sale
Syria
Prohibited: illegal use, illegal sale
Thailand
considered legal to use, illegal to sell. Thailand has gained a reputation for enforcing bans on the import and sale of vaping products in recent years, with several high-profile incidents in recent years, including the detention and even deportation of vaping tourists
East Timor
Legal use, illegal sale
Turkey
Legally used, illegally imported. Importing vaping products is illegal in Turkey, and when the country reiterated its ban in 2017, the World Health Organization issued a press release cheering the decision. But Turkey’s laws are conflicting, and Turkey has an e-cigarette market and an e-cigarette community
Turkmenistan
considered legal to use, illegal to sell
Uganda
Legal use, illegal sale
U.S.
Legal to use, legal to sell – but as of September 9, 2021, the sale of products without FDA authorization has technically become illegal. While no state has completely banned the sale of vaping products, many have banned flavored products or online sales. Some cities in California, notably San Francisco, have banned the sale of all vaping products
Uruguay
Legal use, illegal sale
Vatican City
considered banned
Venezuela
Legally used, considered illegal to sell unless approved as a medical product
Sources and Updates
Our list is extensive, but may not be definitive. Laws change frequently, and there is no central repository of global vaping legal information that is updated in real time. While our list includes some original research, these are the primary sources:
The Global Status of Tobacco Harm Reduction (Knowledge-Action-Change)
Tobacco Control Act (Campaign for Tobacco Free Kids)
Global Tobacco Control Institute (Johns Hopkins University)
We welcome any new information from you. If you are aware of a law that has changed or new regulations affecting our listing, please leave a comment and we will update the listing.
