As of June 1, 2025, Alabama has implemented significant changes to its e-cigarette and vaping regulations, aiming to curb youth access and enhance public health protections. Here's an overview of the key provisions:
1. Flavored E-Cigarette Ban in Convenience Stores
Under the new law, convenience stores are restricted to selling only 34 FDA-approved tobacco and menthol-flavored e-cigarette products. Flavored products, including fruit and candy varieties, are banned from these stores and can only be sold in specialty vape shops that restrict entry to customers aged 21 and over. This measure is designed to reduce the appeal of vaping products to minors.
2. New Retailer Licensing Requirements
The legislation introduces two new retail permits:
ABC Tobacco Permit: Priced at $150 annually, this permit allows the sale of traditional tobacco products and certain electronic nicotine delivery systems that are FDA-approved or under review.
ABC Specialty Retailer Permit: A more restrictive permit costing $1,000 annually, required for stores whose inventory or sales are primarily focused on vape products. These specialty retailers must limit access to customers aged 21 and older and ensure that all products meet state and federal requirements.
3. Vending Machine Sales Prohibited
The new law bans the distribution of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products through vending machines. This measure aims to prevent unsupervised access to these products by minors.
4. Increased Penalties for Underage Sales
Retailers face escalating fines for selling vape products to minors:
First offense: Up to $1,000 fine
Second offense: Up to $2,500 fine
Third offense: Up to $5,000 fine
These penalties underscore the state's commitment to preventing underage vaping.
5. U.S.-Manufactured Products Requirement
All vape products sold in Alabama must now be manufactured in the United States. This provision aims to ensure product safety and quality control.
6. Tobacco Licensing and Compliance Fund
The legislation establishes a Tobacco Licensing and Compliance Fund to support enforcement efforts and educational campaigns targeting youth vaping.
These regulatory changes mark a significant shift in Alabama's approach to vaping, focusing on protecting youth and ensuring responsible retail practices. Retailers are encouraged to familiarize themselves with the new requirements to ensure compliance and contribute to the state's public health objectives.
