Legislative Updates

Three states have advanced flavor restriction legislation in 2026 that could significantly limit the availability of flavored disposable vapes and e-liquids. Minnesota, Colorado, and Hawaii are at various stages of the legislative process, with hearings scheduled for the coming months.

Minnesota

Minnesota’s proposed bill would ban all flavored tobacco products, including menthol cigarettes and flavored vaping products. The legislation has passed preliminary committee reviews and is expected to reach a floor vote before the end of the summer session.

Colorado

Colorado’s approach targets flavored nicotine products specifically, exempting tobacco-flavored and unflavored products. The bill includes provisions for retail licensing fees to fund enforcement and compliance verification.

Hawaii

Hawaii is pursuing the most comprehensive restrictions, including a ban on the sale of all flavored vaping products and a prohibition on online sales of vaping products to Hawaii residents.

Industry Response

Vape trade organizations have mobilized opposition in all three states, arguing that flavor restrictions drive users to unregulated black-market products. The Vapor Technology Association has commissioned economic impact studies in each state projecting job losses at vape retail businesses.

If all three bills pass, approximately 18 million additional US adults would live in jurisdictions with flavored vape product restrictions, bringing the total to over 65 million.