Alabama Governor Signs HB8 Bill to Limit E-Cigarette Sales in Stores

Key Highlights:

1.Alabama Governor Kay Ivey signed the HB8 bill limiting the sale of e-cigarettes in convenience stores.

2.After the new regulations take effect, flavored e-cigarettes not approved by the FDA will be banned from sale.

3.The bill prohibits the sale of e-cigarettes through vending machines and increases penalties for selling e-cigarettes to individuals under the age of 21.

4.E-cigarette products sold in Alabama must be manufactured in the United States and authorize retailers to obtain a license to sell alternative nicotine products.

According to a recent report from Alabama.com, Governor Kay Ivey of Alabama signed the HB8 bill last week. The bill stipulates that convenience stores can only sell 34 types of tobacco and mint-flavored e-cigarettes that have been approved by the U.S. Food and Drug Administration (FDA).

The specific points of the bill are as follows:

Definition and scope expanded: The terms "electronic nicotine delivery systems" (ENDS), "e-cigarette e-liquid" (E-liquid), "alternative nicotine products," and "tobacco alternatives" have been clearly defined and now encompass all types of e-cigarette products and their liquid cartridges.

The age definition of "minor" has been increased from 19 to 21, which means the minimum legal age to purchase, possess, and use these products has been unified to 21.

Retail licenses and fees: Selling these products requires obtaining a license from the Alcohol Beverage Control Board (ABC Board) and paying a new application fee ($50 disposable) and an annual license fee ($150).

E-cigarette specialty retailers are required to apply for a specific license, with an application fee of $50 and an annual fee of $1000. 

All fees collected will be deposited into the newly established Vaping Licensing and Enforcement Fund.

Product Directory: 

Starting from October 1, 2025 (or 30 days after the FDA deadline, whichever is later), e-cigarette liquid and alternative nicotine product manufacturers must submit certification to the Commissioner of Revenue, proving that their products meet the FDA's Premarket Tobacco Product Application (PMTA) requirements (such as having already submitted an application and undergoing review, or having obtained market authorization under specific conditions). 

The Department of Revenue will maintain a publicly available directory of compliant products. Products not listed in the directory may not be sold; retailers selling products not listed in the directory will face fines (up to $1,000 per product per day), with repeat offenders facing increased fines and potential license revocation.

Made in America First: Starting on October 1, 2025, newly added e-cigarette liquids, e-cigarettes (ENDS), or alternative nicotine products must be manufactured, packaged, and labeled in the United States unless they have obtained FDA approval for listing.

E-cigarette specialty stores are restricted: individuals under the age of 21 are prohibited from entering; entry requires age verification through a third-party service (such as scanning identification documents); aside from the store name signage, no other visible advertisements (such as banners or flashing lights) promoting the sale of e-cigarette products are allowed.

Prohibition of vending machines and self-service displays: Vending through vending machines is prohibited unless in areas restricted to individuals 21 years of age and older or supervised by staff. Self-service displays are also prohibited.

Advertising and Marketing Restrictions:

·Advertising e-cigarettes as smoking cessation products or healthier smoking alternatives is prohibited. 

·Outdoor billboards are not allowed to advertise flavors other than tobacco, mint, or menthol. 

·Advertising on outdoor billboards within 1000 feet of schools or public playgrounds is prohibited. 

·Sponsorship of scholarships using brand names is prohibited.

· Advertising in events or publications where the majority of the audience/readers are under 21 is prohibited. 

Marketing directed towards minors is strictly prohibited: words like "candy," "cake," or "pie" or related images are not allowed on product labels, packaging, or advertisements, imitation of food brands targeted towards minors (such as cereals, cookies, fruit juices) is prohibited, and the use of cartoon characters or symbols that attract minors is also prohibited. Products that violate this regulation will be considered contraband.

Penalties for minors possessing and using：

·It is illegal for individuals under the age of 21 to purchase, use, possess, or transport products such as e-cigarettes. 

·For those under 19 who violate this law:

First offense: notify parents/guardians and require attendance at a face-to-face e-cigarette awareness, education, and prevention program. 

Second offense: notify parents/guardians and require attendance at a court and public health department-approved non-residential addiction or substance abuse rehabilitation program (costs covered by e-cigarette licensing and enforcement funds). 

·Court fees are not charged for these violations. 

Packaging and warning labels:

·All liquid nicotine containers used for e-cigarette vaporization must be in child-resistant packaging. 

·Specialty stores must prominently display a warning sign measuring 8.5x11 inches near the sales point, stating that Alabama law strictly prohibits individuals under 21 from purchasing and requires age verification. 

School policy: The State Board of Education must establish model policies by September 1, 2025, for creating awareness, education, and prevention programs related to e-cigarettes, banning K-12 students from using e-cigarette products on school grounds, school buses, or school-sponsored events; local boards of education must adopt this policy by November 1, 2025.

Funding and Enforcement: The establishment of an "e-cigarette Licensing and Enforcement Fund" to support enforcement, education, prevention projects, and addiction cessation programs; Funds allocated to the ABC Committee, state law enforcement agencies (ALEA), state education committees, and the unified justice system.

Effective Date: Most provisions of the law will take effect on June 1, 2025, while certain provisions regarding manufacturer certification and product listings (such as 28-11-17.1 and 28-11-17.2) will have a later effective date of October 1, 2025.