Vape Regulations

Vape Regulations 2025: Updated State-by-State Compliance Best Guide

  • Jul, 21, 2025
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  • 4 minutes Read

This post will walk you through a comprehensive look at state vape regulations in 2025: flavor bans, tax rates, and compliance checklists. Avoid penalties with the help of this FDA-compliant guide.A detailed explanation of the individualized requirements for the listing of e-cigarettes in the three countries, mainly in terms of product restrictions, packaging requirements, registration fees and taxes.

 

 

Major Conflicts in Vape Regulations 

 

The 2025 Vape Regulations and scape presents federal directives and state crackdowns at odds with each other. Although the FDA mandates nationwide submittal of Pre-Market Tobacco Applications (PMTAs), 28 states currently have restrictions in place that are more stringent than the federal mandate.

Key conflicts include: 

FDA Preemption Battle: California’s 2024 flavor ban overrides federal exemption for menthol

Testing Standards: 17 states require local lab certifications in addition to FDA-mandated submissions

Vaping Limits: Federal regulations are non-existent, while New York State caps disposable e-cigarettes at 1,500 puffs

Industry lawsuits have surged 200% since 2023 (Vape Legal Journal), creating compliance minefields.

Product Restrictions

 

  • Flavor Bans: Denmark allows only tobacco and menthol flavors; Finland allows only tobacco flavors; Sweden does not have a flavor ban at this time.

 

  • Zero-nicotine products: Denmark and Finland both require TPD registration and are also subject to flavor bans; Sweden does not mandate registration at this time.

 

  • DENMARK: The Child Safety Guidelines for E-Cigarettes and Refill Containers, published in 2019, impose additional child safety measure requirements for nicotine-containing devices to ensure that children under the age of three cannot operate these devices.

 

  • Specifically, these products should have a special activation mechanism-such as a password, fingerprint, or a button that involves pressing a button in a specific way-to ensure that children cannot activate the product for use.

 

All other product restriction requirements are consistent with the TPD regulation requirements.

 

Vape Regulations 2025

 

  • EU TPD Directive on VAPE content:

I. Main contents to be included in the electronic notice of the product:
1. Manufacturer’s name and contact information;
2. List of ingredients and content of releases;
3. Toxicological data;
4. Nicotine dose intake information;
5. Description of the product composition and production process;
6. a statement of responsibility for product quality and safety;

 

Retail Vape Regulations: Compliance Checklist

 

 

Survive 2025 inspections with this vape regulations checklist:

Age Verification Systems

    • Mandatory in 42 states: Real-time ID scanners (No manual checks)

    • Fines: Up to $15k per underage sale (CA/WA)

Labeling Requirements

    • Federal: Nicotine warnings (30% front panel)

    • State Adds: CA: THC content stamps, NY: Recycling symbols

Documentation

    • Supplier PMTA certificates

    • State tax stamps on all products

 

 

Tax Of  Vape Regulations

 

Denmark: vape regulation No. 2616/2021 provides for an excise tax on e-cigarette oils containing nicotine. E-liquids containing up to 12 mg/ml of nicotine are taxed at DKK 1.5 (€0.2) per milliliter, while e-liquids containing more than 12 mg/ml of nicotine will be taxed at DKK 2.5 (€0.34) per milliliter. Zero nicotine e-liquids are not taxed. Stamp duty stamps are also mandatory and the price is calculated based on the nicotine content of the e-cigarette oil, as confirmed by the customs authorities. VAT is 25%.

 

FINLAND: The Tobacco Tax Act provides for an excise tax of €0.30 per milliliter of e-cigarette oil (with or without nicotine). Since January 1, 2017, this tax rate has remained stable. The VAT is 24%.

 

Sweden: The rate of excise tax varies depending on the nicotine concentration, from SEK2,000 (€184) per liter for nicotine concentrations below 15 mg/ml to SEK4,000 (€367) per liter for nicotine concentrations between 15 and 20 mg/ml. E-cigarette products brought into the country for personal use are allowed to be carried duty-free at 20ml of oil per person per trip.

 

2022 In June, the Ministry of Finance introduced Bill 2021/22:245 into Parliament, which seeks to increase excise duty on tobacco oils by 1% from 2024, and it is uncertain whether this will be implemented as scheduled. The country’s value-added tax (VAT) is 25%.

 

 

 

 Vape Regulations Forecast: 2025-2026

 

Emerging vape regulations risks require preparation:

Federal Shifts

    • PMTA Accelerated Deadlines: New applications due 10/2025 (vs. 2026)

    • Mail Ban Expansion: USPS prosecuting vape shipments as contraband

 

Industry Survival Tip: Join state coalitions like VTA or SFA for lobbying support.