Legislation governing tobacco and vaping products continues to shift in response to public health concerns and evolving industry practices. Recent measures — from higher age restrictions to expanded smoking bans — are poised to affect a broad segment of the population in 2026. We encourage municipalities to take this opportunity to review and update their smoking regulations to ensure full compliance with emerging legal requirements.
Smoking is still a major health problem
Recent data from the American Heart Association shows that tobacco use remains the leading cause of preventable disease and death in the U.S., killing nearly 500,000 Americans every year and costing over $241 billion in annual health care expenses. While smoking rates have been greatly reduced, nearly 10 percent of U.S. adults – more than 26 million people – still smoke. In addition, an estimated 2.25 million U.S. youth currently use a tobacco product, including over 1.6 million who use e-cigarettes. In spite of these sobering statistics, the smoking industry continues to pull out all the stops to try and attract and retain users of their products.
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New year, new rules
This year marks some significant changes in smoking legislation at local and state levels. These changes are aimed not only at the types and flavors of tobacco and vaping products but will enforce new ID measures and some bans on where products can be sold and used. Some of the highlights of these new laws include:
Expanded photo ID requirements: Starting January 12, 2026, the FDA’s new smoking law requires retailers to check photo ID for anyone under 30 buying tobacco (increased from 27). This means if a customer appears to be 29 years old, a retailer must see their photo ID before selling cigarettes, vapes, cigars, or any tobacco product. The under-30 standard doesn’t directly apply to online sales, but an e-tailer must verify that a customer is over 21 years of age.
Tightened vending machine restrictions: Vending machines selling tobacco are now banned in any facility where people under 21 can enter (previously under 18). Practically speaking, this eliminates tobacco vending machines from most locations. Even bars and restaurants that serve alcohol must comply if they allow anyone under 21 to enter — which most do during daytime hours or for food service.
Smoke-Free Indoor Air Laws: Many states and local jurisdictions have implemented or expanded smoke-free indoor air laws to protect individuals from the harmful effects of secondhand smoke. These laws typically prohibit smoking in public places such as restaurants, bars, workplaces, and enclosed areas within private establishments.
Public marijuana use: Although marijuana remains illegal at the federal level, several states have legalized its recreational or medicinal use. However, it is important to note that marijuana smoking may still be subject to certain restrictions, such as being prohibited in public areas or within certain distances from schools or daycare centers.
Smoking residue disclosure: California is leading the way with a law that will require sellers of residential properties and owners of certain properties with long-term tenants to disclose any known tobacco or nicotine residue, as well as any history of smoking activity on the premises. It is the seller’s responsibility to inform potential buyers – in writing – if they have actual knowledge of this residue or any history of residents/occupants smoking tobacco or nicotine products on the premises. Other states may soon follow California’s lead on this regulation.
Pushing back harder against vaping
As of 2026, no single federal law bans all vaping products, but at least 12 states have enacted heavy restrictions ranging from complete flavor bans to strict product directories. The trend is accelerating. While some states like Texas target Chinese-manufactured disposables specifically, others like California and Massachusetts have effectively eliminated the legal market for flavored e-cigarettes entirely. These new regulations are built on three distinct enforcement models:
The “Flavor Ban” Model: States like Massachusetts and California have enacted comprehensive bans that prohibit the sale of any tobacco product with a “distinguishable taste or aroma” other than tobacco. In practice, this eliminates the legal market for fruit, dessert, and mint vapes. California’s law (SB 793) is particularly strict, banning menthol and requiring even tobacco-flavored products to be on an approved list.
The “Directory” Model: Directory systems are the fastest-growing regulatory trend. Instead of banning flavors outright, states like Wisconsin and North Carolina create a “whitelist” of allowed products. To be listed, manufacturers must prove FDA compliance. Since most disposable brands (e.g., Elf Bar, Lost Mary) lack this status, they are automatically illegal. In North Carolina, this system removed nearly 7,000 products from shelves overnight.
The “Origin Ban” Model: Texas pioneered a unique approach targeting the source rather than the flavor. By banning Chinese-manufactured disposables specifically, Texas aims to cut off the supply of cheap, youth-oriented devices while preserving adult access to US-made e-liquids and open-system hardware.
Useful examples of smoking regulations legislation from the eCode360® Library
If your community is interested in drafting or updating legislation related to new smoking and vaping requirements, here are some useful examples that can be found in our eCode360 Library:
Updating your municipal code is vitally important
Submit your code updates as soon as possible and ensure constituents and local government officials are always referencing and working with the most up-to-date resources. Make it part of your Board meeting close-out process to send your adopted legislative changes to General Code when everything from that meeting is already right at hand.
Sources:
- American Heart Association Newsroom
- New Smoking Law 2026, FDA Just Changed Age Verification Rules – Here’s What Retailers Must Do Now
- “State of Tobacco Control” 2026: Federal Government Largely Ends its Efforts to Prevent and Reduce Tobacco Use; Tobacco Industry Will Fill the Void
- FDA proposes landmark nicotine limit in cigarettes and certain other combustible tobacco
- Understanding the Recent Changes in Smoking Legislation
- New York Smoking Laws in 2026: Your Complete Guide to What’s Banned
- US Vape Ban Map 2026: Which States Ban Flavors & Disposables?
- Smoke Lingers Longer Than You Think: California’s New 2026 Disclosure Rule Ushered in by Assembly Bill 455
