Arkansas to Ban Non-FDA Approved Vapes Starting September 1

Key Points

• Scope: Targets single-use closed-system vapes and nicotine-containing e-liquids.
• FDA Authorization Requirement: Only FDA-approved or under-review products may be sold; currently, only 39 vape products are FDA-authorized.
• Industry Impact: Most products on the market are not FDA-authorized, meaning existing inventory could soon become illegal.
• Protecting Youth: Packaging imitating cartoons, superheroes, or candy/cake designs is prohibited.
• Penalties: Illegal products may be seized; retailers face significant fines and possible license revocation.
• Effective Date: Law takes effect September 1, with a two-month grace period until full enforcement begins on November 1.

According to KATV on August 27, Arkansas will implement Act 590 starting September 1, restricting the sale of certain vape and e-liquid products. The law specifically targets single-use closed-system vapes and nicotine-containing e-liquids, requiring retailers to sell only those products approved or under review by the U.S. Food and Drug Administration (FDA).

Arkansas Tobacco Control (ATC) spokesperson Scott Hardin said:

“Right now, there are vape products from all over the world being sold in these stores, and frankly, we don’t know what’s in them.”

ATC had already notified licensed retailers in May that some of their inventory would soon become illegal.

“If it’s not on the approved list, retailers simply can’t sell it,” Hardin said, adding that ATC will publish a list of approved products. As of now, the FDA has authorized only 39 e-cigarette products.

Hardin explained that about a dozen companies have applied for review so far, with nine products approved at the state level. A study by the non-profit health organization Truth Initiative found that over 80% of e-cigarette and vape products sold in the U.S. in 2024 were not FDA-authorized.

Hardin emphasized:

“Ultimately, the legislature passed this law to protect Arkansans.”

The law also explicitly bans any marketing tactics targeting minors, including packaging that uses cartoon characters, superheroes, or names such as “cake” and “candy.”

He warned that violators would face strict consequences:

“If you do have these products, they will be seized, and you’re looking at potentially significant fines, up to the point of permit revocation.”

Although the law will take effect on September 1, Hardin noted that retailers will have until November 1 before full enforcement begins.