North America: Market and legal data analysis of the vaping sector

20th January 2025: US - Minnesota: Minnesota attorney general Keith Ellison has taken legal action against Los Angeles-based High Light Vapes, accusing the company of marketing e-cigarettes designed to resemble highlighters. The lawsuit claims the product’s “stealthy” design makes it easy for school-age children to hide and use, raising concerns about targeting under-age users.
20th January 2025: US - Mississippi: House Bill 916 has been introduced. HB 916 would create public state directories for both cigarettes and electronic nicotine delivery system (ENDS) products. The bill would require manufacturers to pay a fee for each of their products and provide detailed information about these products, including brand names, flavours, and proof of Food and Drug Administration (FDA) marketing authorisation or premarket tobacco product application. If the bill is passed, only products listed in the official directory can be sold in Mississippi from 1st October 2025.
20th January 2025: US - Hawaii: Senate Bill (SB) 972 has been introduced. SB 972 aims to prohibit the sale of flavoured nicotine products in Hawaii, starting 1st January 2026. The legislation defines “flavoured nicotine products” as any nicotine product with a distinguishable taste or smell other than tobacco, including fruit, menthol, mint, chocolate and candy flavours. The bill would make it unlawful for retailers to sell flavoured nicotine products or to mislabel e-liquid products as nicotine-free.
20th January 2025: US - Connecticut: Senate Bill (SB) 792 has been introduced. SB 792 would impose an excise tax of 75% on the sale of non-tobacco nicotine products.
20th January 2025: US - General: California attorney general Rob Bonta, joined by nine other attorneys general, has announced multistate actions to address the unlawful manufacturing, distribution, sale and marketing of flavoured disposables. These efforts target companies violating tobacco and consumer protection laws by selling unlawful e-cigarettes to youth. Additionally, Bonta filed a lawsuit against Flumgio Technology, Berkeley Int’l Business Crew, and its founder, Zaoyu Zhu, for importing and selling Flum brand e-cigarettes that violate California’s flavour ban and lack Food and Drug Administration (FDA) authorisation. The lawsuit seeks injunctive relief to stop the companies from making false statements and unlawfully importing, distributing and selling Flum products.
15th January 2025: US - Federal: The US Food and Drug Administration (FDA) has issued a proposed rule that aims to set a maximum nicotine level to reduce the addictiveness of cigarettes and other combusted tobacco products. The maximum limit would be 0.7 mg/g, a significant reduction of approximately 95% compared to the current level of around 12 mg/g or more found in cigarettes. The proposed rule would not include e-cigarettes, nicotine pouches, or heated tobacco products. In fact, heated tobacco products are specifically excluded from the rule, even though they are legally classified as a “cigarette” – just as Iqos is. The rule is scheduled to be published in the Federal Register on 16th January 2025.
15th January 2025: US - Federal: The US Food and Drug Administration (FDA)'s Center for Tobacco Products (CTP) has released an overview of the center's accomplishments and regulatory efforts in tobacco control over the past year. According to the overview, the FDA has employed a variety of enforcement tools, including warning letters and civil money penalty complaints. In 2024, the FDA issued warning letters to 50 manufacturers and distributors, as well as more than 430 retailers. CTP director Brian King also highlighted that current tobacco product use among youth has reached its lowest level in 25 years, driven by a nearly 70% reduction in e-cigarette use among middle and high school students over the past five years.
15th January 2025: US - New York: Assembly Bill A1709 has been introduced. A1709 would prohibit the sale of any vapour or tobacco products that contain the substance N-Ethyl-p-menthane-3-carboxamide, which creates a cooling sensation similar to menthol.
15th January 2025: US - New York: Assembly Bill A1687 has been introduced. A1687 would prohibit the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product.
14th January 2025: US - Federal: The US Food and Drug Administration (FDA) has announced that the agency, in collaboration with US Homeland Security Investigations and US Customs and Border Protection, seized more than 628,000 unauthorised e-cigarette products from a warehouse in Miami. The products originated in China and were intended for shipment to US states. The 628,000 unauthorised e-cigarette products consisted mostly of flavoured, disposable e-cigarettes as well as some packs, kits and batteries and included some brands that may appeal to youth, such as Geek Bar. The 2024 National Youth Tobacco Survey found that 5.8% of current youth e-cigarette users reported using products from the Geek Bar brand.
14th January 2025: US - Indiana: House Bill (HB) 1410 has been introduced. HB 1410 would ban the sale of flavoured tobacco products – which includes electronic cigarettes, chewing tobacco and other nicotine-based products with characterising flavours – in Indiana from 1st July 2025.
13th January 2025: US - Iowa: State authorities have agreed to temporarily postpone enforcement of House File (HF) 2677, which regulates the distribution and sale of vapour products in Iowa by creating a directory of Food and Drug Administration (FDA)-approved vapour products. The state was scheduled to publish its vapour products directory on 2nd January 2025, with enforcement to begin on 3rd February. In December 2024, the e-cigarette industry group Iowans for Alternatives to Smoking and Tobacco (Ifast) filed a challenge to HF 2677. The state will continue preparing the approved products directory while the case is pending, but will not take any enforcement action until the court has ruled, local media reports. A hearing on the matter is now scheduled for 5th March.

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