United States Vaping Index

Since 2009, the Food and Drug Administration has had regulatory authority over all tobacco products. Because e-cigarettes and vaping devices have been included in that category, rather unfairly, these regulations forced firms that produce vaping products to undergo a complex Premarket Tobacco Product Application process that provides scientific proof that these products are beneficial to public health.

The deadline for these applications was September 9, 2020, after lawsuits and uncertainty delayed it by several years. This oversight role of the FDA, including various Trump Administration rules on flavor restrictions for pod-based devices, has severely restricted further innovation in the field of vaping technology as an alternative for smokers. This year, the Trump Administration restricted all pod-based devices to only menthol and tobacco flavors.

At focus here is the state regulation of vaping, as it plays a big part in their availability to adult consumers who want to switch away from combustible tobacco. The 2020 Consumer Choice Center US Vaping Index ranks each state according to its level of regulation on additional flavor restrictions, taxes, and the ability to buy and sell vaping products online.


The Consumer Choice Center’s US Vaping Index categorizes and ranks each state based on its consumer-friendly regulatory approach to vaping products.

To rank each state, we created a uniquely weighted scoring system that analyzes additional flavor restrictions, taxes, and the ability to sell vaping products online.

Regulations are assessed based on how stringent they are in addition to existing regulations promulgated by the Food and Drug Administration.

States that received between 0 and 10 points received an “F” grade, between 11 and 20 points is “C”, and states with points between 21 and 30 received an “A” grade.


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