Florida Vape Laws: Flavored Vapes & Regulations 2024

Florida Vape Regulations Shift Focus to Single-Use Products, Leaving Open Systems Largely Untouched

TALLAHASSEE, FL – February 16, 2026 – Florida’s approach to regulating vaping products has undergone significant changes, with a new law primarily targeting single-use vapes deemed attractive to minors. While flavored vapes remain generally legal in the state, the legislation, signed into law by Governor Ron DeSantis on April 29, 2024, introduces stricter regulations on disposable devices while largely exempting refillable systems and e-liquids.

House Bill 1007, which goes into effect on October 1, 2024, directs the Florida Department of Legal Affairs, under the leadership of Attorney General Ashley Moody, to develop and maintain a public directory of single-use nicotine vapes considered appealing to underage users. Retailers and wholesalers will have 60 days from January 1, 2025, when the initial list is published, to remove or sell off any products included on the directory.

The evolution of HB 1007 represents a departure from its original intent. Initially, the bill aimed to prohibit the sale of any vape product lacking Food and Drug Administration (FDA) approval. This would have drastically limited the market to just 23 tobacco-flavored products from major tobacco companies – RJ Reynolds, Japan Tobacco International, and Altria.

However, following concerns raised by business owners, industry advocates, and consumers, lawmakers amended the legislation. Representative Toby Overdorf, a Palm City Republican, explained that the revised bill “completely exempts, quote, open systems, (unquote), that vape shops specialize in.” This carve-out allows those who prefer refillable devices and e-liquids to continue their habit with fewer restrictions.

The shift in focus reflects a debate over how best to address youth vaping rates. Senator Keith Perry, a Gainesville Republican, and Representative Overdorf initially argued that flavored vape products, including menthols, are particularly attractive to children, citing data from the FDA and U.S. Department of Health. Attorney General Moody echoed these concerns in an October lawsuit against Juul, alleging that the company’s products featured a “sleek design that could be easily concealed and … flavors known to be attractive to underage users.”

The new law specifically targets single-use products, often characterized by colorful packaging and appealing flavors. This distinction has drawn criticism from some who argue it creates a two-tiered system, potentially allowing adults continued access to flavored options while aiming to curb youth access to disposable vapes.

The Florida Smoke Free Association has been following the legislation closely. While details of their specific response weren’t available, the changes clearly represent a compromise between stricter regulations and the interests of the vaping industry and adult consumers.

Under existing Florida law, the legal age to purchase vaping products is 21, with limited exceptions for active-duty military personnel. Selling nicotine products to individuals under 21 is prosecuted as a second-degree misdemeanor, according to Florida Statute §569.41. This law applies to vapes, the liquid used in vapes, and any other nicotine-containing products for human consumption.

The implementation of the new directory and the subsequent enforcement actions by the Department of Legal Affairs are expected to begin in early February 2025, with heavy fines anticipated to take effect in March 2025.

The long-term impact of HB 1007 on youth vaping rates and the overall vaping market in Florida remains to be seen. The law’s focus on single-use products and the exemption of open systems suggest a strategy of targeting products most popular with underage users while minimizing disruption to the adult vaping community.