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U.S. Vape Restrictions: What to Know and How to Prepare – DV Brands

U.S. Vape Restrictions: What to Know and How to Prepare

by Maria Ruiz on June 03, 2025

DV Brands Leads with Responsibility

DV Brands continues to lead the industry by prioritizing safety, flavor integrity, and regulatory compliance. As enforcement ramps up nationwide, we remain committed to partnering with retailers who value lawful, ethical distribution.

As the vaping industry evolves, so too do the regulations that shape it—especially across U.S. state lines. For DV Brands, staying compliant isn’t just about checking boxes—it’s about protecting customers, supporting retail partners, and leading with transparency in a tightly scrutinized market.

Below is an overview of the current restrictions in the U.S. and how to handle them.

Flavored Vape Bans: A Growing State-by-State Trend

Many states have enacted bans targeting flavored vaping products (excluding tobacco flavor), particularly in an effort to curb youth usage. States like Massachusetts, California, New Jersey, and New York have implemented broad prohibitions on flavored e-liquids, including disposables. These regulations usually exempt tobacco flavors, but also extend to menthol in some cases, such as California and Massachusetts.

Other states, including Rhode Island, Maryland, Delaware, Oregon, and Washington, have followed suit with similar restrictions. Meanwhile, Utah and Washington allow flavored sales only in age-restricted vape shops or online—with strict verification in place.
Disposables Under Fire: Targeted Enforcement Expands

Several states are specifically cracking down on unauthorized disposable vapes. California, New York, and Massachusetts are aggressively enforcing these bans through seizure campaigns and coordinated efforts from their Attorney General offices and tax enforcement agencies.

As a brand committed to quality and compliance, DV Brands urges retailers to source only PMTA-submitted or FDA-authorized devices, avoiding grey market products that can put licenses—and lives—at risk.

What About Nicotine Pouches?

The rise of nicotine pouches has caught regulatory attention, but most states haven’t yet implemented flavor-specific restrictions. Vermont is the exception, banning flavored pouches except for tobacco flavor. For now, most states treat these products under general tobacco sale laws, including the federal age restriction of 21+.

Recommendations for Staying Compliant

  • Know your state’s laws—especially for flavors and disposables.
  • Prioritize PMTA-compliant brands such as Twist
  • Check local laws—many cities have additional restrictions beyond state guidelines.
  • Stay prepared for pending FDA rules that could federally ban flavored products.
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