North America: Market data & legal analysis of the nicotine sector

17th January 2025: US - Federal: The Food and Drug Administration (FDA) has authorised the marketing of 20 Zyn nicotine pouch products, marking its first-ever approval of this category. The agency’s review determined that these products contain significantly fewer harmful chemicals than cigarettes and most other smokeless tobacco products, presenting a lower risk of cancer and serious health conditions. The FDA also assessed youth usage data, concluding that – despite rising sales – youth use of nicotine pouches remains low. Notably, this is the first time flavoured products beyond tobacco, mint and menthol – such as chill, cinnamon, citrus and coffee – have received premarket tobacco product application (PMTA) authorisation. For more on this see our news analysis.
15th January 2025: US - Vermont: Following the release of last month's Vermont Young Adult Survey 2024, which shows an increase in non-smoking tobacco use among young adults from 5% in 2022 to 9% in 2024, state officials are attributing this rise to the growing popularity of nicotine pouches. Officials have announced that the state is already studying appropriate policies to address the emergence of these products, emphasising that “the tobacco industry targets teens and young adults”. Although Vermont's legislature passed a ban on flavoured vapes, the measure was vetoed by the state governor, who argued that such a policy would be hypocritical given the state's allowance of flavoured cannabis and alcohol products.
15th January 2025: US - Federal: The US Food and Drug Administration (FDA) has issued a proposed rule that aims to set a maximum nicotine level to reduce the addictiveness of cigarettes and other combusted tobacco products. The maximum limit would be 0.7 mg/g, a significant reduction of approximately 95% compared to the current level of around 12 mg/g or more found in cigarettes. The proposed rule would not include e-cigarettes, nicotine pouches, or heated tobacco products. In fact, heated tobacco products are specifically excluded from the rule, even though they are legally classified as a “cigarette” – just as Iqos is. The rule is scheduled to be published in the Federal Register on 16th January 2025.
15th January 2025: US - Federal: The US Food and Drug Administration (FDA)'s Center for Tobacco Products (CTP) has released an overview of the center's accomplishments and regulatory efforts in tobacco control over the past year. According to the overview, the FDA has employed a variety of enforcement tools, including warning letters and civil money penalty complaints. In 2024, the FDA issued warning letters to 50 manufacturers and distributors, as well as more than 430 retailers. CTP director Brian King also highlighted that current tobacco product use among youth has reached its lowest level in 25 years, driven by a nearly 70% reduction in e-cigarette use among middle and high school students over the past five years.
15th January 2025: US - New York: Assembly Bill A1709 has been introduced. A1709 would prohibit the sale of any vapour or tobacco products that contain the substance N-Ethyl-p-menthane-3-carboxamide, which creates a cooling sensation similar to menthol.
15th January 2025: US - New York: Assembly Bill A1687 has been introduced. A1687 would prohibit the packaging, sale and distribution of confectionery and candy designed to resemble a tobacco product.
14th January 2025: US - Indiana: House Bill (HB) 1410 has been introduced. HB 1410 would ban the sale of flavoured tobacco products – which includes electronic cigarettes, chewing tobacco and other nicotine-based products with characterising flavours – in Indiana from 1st July 2025.
13th January 2025: US - Maine: Governor Janet Mills released her biennial budget proposal, which includes a plan to raise the state’s cigarette tax rate. Highlighting that Maine’s cigarette tax, set at $2 per pack since 2005, has not been updated in nearly two decades, Mills has proposed increasing it to $3 per pack. She pointed out that Maine currently has the lowest cigarette tax and the highest adult smoking rate in the region. TobaccoIntelligence understands that heated tobacco consumables are taxed as cigarettes in the state since they fall under the definition of “cigarette”.
13th January 2025: US - Nebraska: Legislative Bill 125 has been introduced, which would update Nebraska's tobacco and nicotine product regulations by introducing a new legal definition for “nicotine analogues” – substances that have a chemical structure similar to nicotine or produce similar neurological effects. The bill would expand existing definitions of alternative nicotine products and electronic nicotine delivery systems to include these nicotine analogues. It would further introduce a tax on alternative nicotine products, which would be 20% of the purchase price of such products.
13th January 2025: US - Indiana: Senate Bill (SB) 322 has been introduced, which would prohibit the sale of tobacco products, including e-liquids and e-cigarettes, to people born after 30th June 2004.
10th January 2025: US - Federal: The Food and Drug Administration (FDA) has said that the proposed rule “Tobacco Product Standard for Nicotine Level of Combusted Cigarettes” has passed the regulatory review by the Office of Management and Budget (OMB), media reports. TobaccoIntelligence has asked the FDA for confirmation, but has not received a response yet. This proposed rule aims to set a maximum nicotine level in order to reduce the addictiveness of cigarettes and other combusted tobacco products. The specifics of the rule have not been released to the public yet. On 10th December 2024, the FDA sent the proposed rule to the OMB for final review, which is the last regulatory step before issuing the final rule.
9th January 2025: US - Washington: House Bill 1203 has been introduced. It would ban flavoured tobacco and nicotine products, including e-сigarettes. According to the bill, beginning 1st January 2026, no retailer may sell, offer for sale, display, market or advertise for sale any flavoured tobacco or nicotine product or “entertainment vapor product” (any vapour product that has interactive gaming or entertainment features).

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