State Legislatures Considering Over 30 Flavor Ban and PMTA Registry Bills

Until about four years ago, the primary type of legislation to restrict access to quality vaping products has been flavor bans—either prohibiting all flavors except tobacco, or all except tobacco and menthol. Flavor bans are the laws preferred by tobacco control groups and anti-vaping public health organizations.

In recent years, a second kind of law to restrict vape choices has been promoted by major tobacco companies: the PMTA registry law. Last year, more than two dozen registry bills were introduced across the country.  

In 2025, so far, legislators have introduced registry (or directory) bills in at least 20 states, and flavor ban bills (including bills that would ban flavored nicotine pouches) in at least eight states. Some bills have reached critical stages, like passing important committees after hearings, or being passed by one or both houses of a state legislature.

There have also been some bills introduced that are positive for vape consumers.

How do PMTA registry (or directory) laws work?

The two largest U.S. tobacco companies, Altria Group and R.J. Reynolds, have been active for the past three years promoting bills in state legislatures that create lists (called registries or directories) of vape products legal to sell. 

The laws mandate that a state’s list can include only products already authorized by the FDA, along with products with timely filed premarket tobacco applications (PMTAs) still under FDA consideration, and sometimes products that have received marketing denial orders (MDOs) which are being litigated in federal courts. 

Manufacturers must apply to include products on the state registry, and must certify under penalty of perjury that products meet the state’s requirements. They must usually pay a fee annually for each listed product.

Not coincidentally, all FDA-authorized vape products are manufactured by companies owned by either Altria (NJOY), Reynolds (Vuse), or Japan Tobacco (Logic). Altria and Reynolds have been active promoting PMTA registry bills.

States with Republican legislative majorities are the typical targets for tobacco industry lobbyists pushing registry bills, because GOP lawmakers—especially in the south—are generally more receptive to accepting campaign donations from the tobacco industry.

That has changed somewhat this year. Registry bills have been introduced by Democratic legislators in several states, despite the preference of Democrats’ tobacco control allies for flavor ban laws.

Ten states have already passed PMTA registry laws. All have either already been enacted or will be in 2025.

The first PMTA registry bills were passed in Alabama, Louisiana and Oklahoma. Those laws are now in effect. Wisconsin passed a registry law in 2023, which takes effect July 1 this year.

In 2024, tobacco lobbyists persuaded lawmakers in almost 30 states to introduce registry bills, and laws were passed in six states: Florida, Iowa, Kentucky, North Carolina, Utah and Virginia. In Iowa and Utah, courts have temporarily held up implementation of the laws, but the other states have either already begun enforcing their registry laws, or will soon. (Florida has just begun conducting inspections and issuing fines.)

Flavor bans: tobacco control's favorite vape restriction

Unlike registry laws, which allow the sale of all products authorized by the FDA, flavor bans prohibit the sale of all vaping products in flavors other than tobacco (or sometimes tobacco and menthol)—even if they have FDA authorization.

The Campaign for Tobacco-Free Kids (TFK), which is the primary anti-vaping policy advocacy group in the United States, believes that banning “child-appealing” flavors is the most important policy objective to prevent youth uptake of vapes (and nicotine pouches). Nearly every successful state and local bill prohibiting flavored vapes has TFK fingerprints all over it.

As an avowed enemy of the tobacco industry, TFK does not support legislation created by tobacco lobbyists, like registry bills. But aside from the link to Big Tobacco, TFK objects to the registry laws’ dependence on FDA regulation. If the FDA begins authorizing flavored products, tobacco control thinking goes, registry laws would allow the floodgates to open and a new (and legal) vaping Wild West to flourish. 

Because of TFK's long affiliation with Democratic politicians (TFK founder Matthew Myers was a Democratic congressional staffer), flavor ban bills have had the most success in Democrat-dominated states (although there are exceptions). Six U.S. states have banned flavored vaping products: California, Massachusetts, New Jersey, New York, Rhode Island and Utah. Flavored vapes are also banned in the District of Columbia (D.C.), and many cities, including Chicago, Denver, and Columbus, OH. Some existing bans also cover nicotine pouch flavors.

Kentucky and Rhode Island: positive bills need support

Two bills introduced in Kentucky would suspend the state’s existing PMTA registry law, which passed last year and took effect in January 2025. Kentucky residents should contact their legislators and encourage passage of HB 62 and SB 269. 

In Rhode Island, companion bills H 5329 and S 543 would amend the state’s current flavored vape ban to allow the sale of flavored products in vape shops only. H 5329 has been held up in committee, but S 543 remains active. CASAA has issued a Call to Action, allowing consumers to easily express support for this important bill. 

Current active PMTA registry law and flavor ban bills

The list below includes all currently active (as of March 10) bills I could find that propose PMTA registry laws or flavor bans. Many also include other elements, like licensing rules or taxes. (This list does not cover bills that only propose taxes.) 

I did not intentionally include bills that have already failed, but some of them probably have. Tracking programs like Legiscan are often several days behind, and some state legislatures have cutoff dates I'm not aware of. (For example, in Hawaii, bills that had not reached the final committee in their house of origin by Feb. 17 are considered dead. That rule eliminated multiple bills from this list—but one bill has survived.)

Many of the included bills have little chance of advancing, but some have the backing of powerful legislators or governors—or are priorities for tobacco industry or tobacco control lobbyists—and therefore are greater threats. It is usually those high-threat bills that prompt a Call to Action from the Consumer Advocates for Smoke-free Alternatives Association (CASAA). 

I have noted current CASAA Calls to Action next to the bill number and description. Those bills are most in need of responses from consumers.

However, you don’t have to wait for CASAA to urge action. It is beneficial to contact your state legislators whenever a threatening bill appears, even before CASAA issues a Call to Action. In fact, there is no reason not to contact state representatives and legislators proactively to let them know that you oppose any restrictions on effective harm reduction products. Offer yourself as a resource if they have questions, and try to stay in touch. Many bills have been stopped before they saw the light of day thanks to personal contacts between vaping advocates and legislators or legislative staffers.

You can look up your state and federal representatives on the CASAA site.

Companion bills (same text; introduced in both chambers of the legislature) are listed together, separated by a slash. Often only one of the two bills moves through the legislature; it usually isn't necessary for both bills to pass.

ARIZONA

SB 1272 - Registry 

• Feb. 12 - Passed Senate committee
• Feb. 17 - Passed Senate committee

ARKANSAS

SB 252 - Registry

• Feb. 25 - Referred to committee

GEORGIA

HB 577 - Registry

• March 6: Passed House; sent to Senate

HAWAII

HB 756 - Flavor ban 

• Jan. 21 - Referred to committee
• Feb. 28 - Passed second committee
• Feb. 28 - Passed House; sent to Senate
• March 4 - Referred to Senate committee

IDAHO

HB 244 - Registry

• March 12 - Bill is probably dead

ILLINOIS

SB 2231 - Registry

• Feb. 25 - Assigned to committee

HB 3191 - Flavor ban 

• Feb. 18 - Referred to committee
• March 11 - Assigned to committee

HB 2634 - Requires manufacturers to certify that products meet registry-like requirements

• Feb. 6 - Referred to committee
• March 4 - Assigned to committee

INDIANA

HB 1650 - Registry 

• Jan. 21 - Referred to committee

MARYLAND

SB 918 / HB 1441 - Registry

• Feb. 27 - SB 918 committee hearing
• Feb. 25 - HB 1441 committee hearing

MISSISSIPPI

HB 916 - Registry

• Jan. 29 - Passed House
• March 6 - Passed Senate with amendment
• March 12 - Sent back to House for concurrence

MISSOURI

HB 276 - Registry

MONTANA

HB 525 - Registry + 50% wholesale tax on nic-containing vapes - ***CASAA Call to Action

• Feb. 27 - House amends bill to add tax; passes committee 

NEBRASKA

LB 285 - Flavor ban - ***CASAA Call to Action

• Feb. 24 - committee hearing

NEVADA

AB 279 - Registry

• Feb. 24 - referred to committee

NEW JERSEY 

A 1810 / S 1947 - Bans flavored nicotine pouches 

NEW MEXICO

HB 268 - Registry

• Feb. 4 - Referred to committee

NEW YORK 

A 273 - Doesn’t create a registry, but would ban all non-FDA authorized vapes 

• Jan. 8 - Referred to committee

A 4593 / S 902 - Registry 

• Both bills referred to committees

A 141 / S 443 - Bans flavored nicotine pouches 

• Feb. 24 - Both bills referred to committees

A 4999 / S 3196 - Flavor ban on all tobacco products (including nicotine pouches) 

• Both bills referred to committees

OHIO

HB 96 - Flavor ban 

• Feb. 12 - Referred to committee

OREGON

SB 702 - Flavor ban - ***CASAA Call to Action

• Jan. 17 - Referred to committee
• March 4 - Committee hearing held

HB 3559 - Registry 

• Feb. 20 - Referred to committee

SOUTH CAROLINA

SB 287 - Registry 

• March 11 - Passed committee

HB 3728 - Registry 

• Jan. 15 - Referred to committee

SOUTH DAKOTA

HB 1069 - Registry - ***CASAA Call to Action

• Feb. 10 - Passed house; sent to senate
• March 4 - Bill tabled (currently inactive—but that could change)

TENNESSEE

SB 763 / HB 968 - Registry + tax (7 cents/ml on closed products, 10% wholesale on open products) - ***CASAA Call to Action

• Feb. 10 - HB 968 referred to committee
• Feb. 12 - SB 763 referred to committee
• Feb. 25 - SB 763 passed committee; referred to second committee
• March 10 - HB 968 passed committee; referred to second committee
• March 18 - SB 763 scheduled for consideration in second committee

TEXAS

SB 1182 - Flavor ban 

• Feb. 28 - Referred to committee

WASHINGTON

HB 1203 / SB 5183 - Flavor ban - ***CASAA Call to Action

• Jan. 13 - HB 1203 referred to committee
• Jan. 13 - SB 5183 referred to committee
• Jan. 31 - HB 1203 committee hearing
• Feb. 14 - SB 5183 committee hearing
• Feb. 21 - HB 1203 passed committee; referred to second committee

HB 1534 - Registry - ***CASAA Call to Action

• Jan. 23 - Referred to committee
• Jan. 31 - Committee hearing
• Feb. 21 - Passed committee; referred to second committee

SB 5526 - Registry

WEST VIRGINIA

SB 93 - Registry 

• Feb. 12 - Referred to committee

HB 2883 - Registry 

• Feb. 24 - Referred to committee
• March 7 - Referred to second committee

We need your help

If you’re aware of currently active bills I’ve missed, or important updates to the ones listed here, or new bills introduced since this list was published, please contact me at jim.m@vaping360.com.