United States: Market data & legal analysis of the nicotine sector

21st February 2025: US - Florida: House Bill 785 has been introduced that would expand existing tobacco product definitions to explicitly include heated tobacco products (HTPs). The bill would modify the definition of “cigarette” to exclude HTPs and broaden the definition of “tobacco products” in multiple sections to include HTPs. These changes would recognise HTPs as a distinct category of tobacco product, separate from traditional cigarettes, and ensure they are subject to appropriate regulatory frameworks.
19th February 2025: US - Georgia: House Bill 96 has been introduced. The bill would amend Georgia’s tobacco tax law by increasing the excise tax on cigarettes from $0.37 to $1.37 per pack of 20 cigarettes. We understand that heated tobacco products (HTPs) would be taxed as cigarettes in Georgia. Since there is no separate category/legislation specifically addressing HTPs, the cigarette tax would be applied.
19th February 2025: US - Iowa: Senate Bill 1137 has been introduced. It would impose a tax on certain nicotine products, including e-cigarettes and nicotine pouches. For a vapour cartridge, the bill would impose a $1.15 tax per cartridge. For a nicotine pouch, the bill would impose a 6.8 cent tax per pouch. For a vapour product requiring the use of e-liquids, and e-liquids sold separately from a vapour cartridge, the bill would impose a tax of 15% upon the retail sales price. Currently, none of these products are taxed in the state. The definition of a vapour product would also include nicotine analogues.
19th February 2025: US - Arkansas: Senate Bill 252 has been introduced. It would establish a new directory system managed by Arkansas Tobacco Control, requiring manufacturers to certify their vapour and e-liquid products, with specific requirements for products to be legally sold in the state. Manufacturers would be obliged to demonstrate that their products were on the market as of 8th August 2016, have a pending premarket tobacco product application (PMTA) with the Food and Drug Administration (FDA), or have received FDA marketing authorisation. The bill would also require all alternative nicotine products, including nicotine pouches and e-сigarettes, to be sold in child-resistant packaging. Additionally, the bill would prohibit advertising of such products that might appeal to children.
18th February 2025: US - Federal: The Trump administration has begun reducing the federal workforce, affecting agencies like the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), and the National Institutes of Health (NIH), media reports. Over the weekend, the FDA laid off probationary employees, particularly those overseeing food, medical devices, and tobacco products. On Friday (14th February), the Department of Health and Human Services (HHS) announced plans to cut 5,200 jobs across its agencies following Trump’s executive order mandating workforce reductions. The layoffs coincide with Robert F Kennedy Jr.’s recent confirmation as HHS secretary, who has been a vocal critic of the FDA and signalled sweeping changes.
14th February 2025: US - Federal: Robert F Kennedy Jr. has been confirmed by the Senate as secretary of the Department of Health and Human Services (HHS). As HHS leader, he will oversee federal health agencies, including the Food and Drug Administration (FDA), Centers for Medicare & Medicaid Services, Centers for Disease Control and Prevention (CDC), National Institutes of Health (NIH) and other health services. Although Kennedy's personal stance on vaping and alternative nicotine products remains unclear, the Vapor Technology Association (VTA) views his appointment as aligned with the Trump administration's pro-vaping policies.
10th February 2025: US - Illinois: Senate Bill (SB) 2338 has been introduced (a companion bill: House Bill 3606). It would introduce a new definition for “nicotine” that includes various chemical forms and nicotine analogues. It would raise the tax rate on tobacco products, including e-cigarettes, from the current 36% to 45% of the wholesale price, effective 1st July 2025. Additionally, the bill aims to classify nicotine pouches, which are currently untaxed in the state, under the “tobacco products” tax category, subjecting them to the same 45% wholesale tax rate.
10th February 2025: US - North Dakota: House Bill (HB) 1570 has been introduced. It would expand the definition of tobacco products to include electronic smoking devices and alternative tobacco products for tax purposes. E-cigarettes are not currently taxed, but the bill would introduce a 56% excise tax on the wholesale purchase price of e-cigarettes and alternative tobacco products.
5th February 2025: US - New York: Assembly Bill A4619 has been introduced. It would define new terms like “flavored nicotine analogue product” and "nicotine analogue”. The bill would also prohibit the sale of flavoured nicotine analogue products in the state.
5th February 2025: US - South Dakota: Senate Bill 194 has been introduced. It would expand the definition of “tobacco products” to include products containing nicotine or synthetic nicotine, and would raise the tax on tobacco products from 35% to 45% of the wholesale purchase price.
4th February 2025: US - Federal: President Donald Trump has agreed to delay proposed tariffs on Mexico and Canada for 30 days, after speaking with their leaders, just before the tariffs were set to take effect. The tariffs included a 25% duty on most imports from Mexico and Canada.
3rd February 2025: US - Hawaii: On 31st January, the House Committee on Health unanimously passed House Bill 756 to prohibit the sale of flavoured nicotine products and to “prohibit the mislabeling of (nicotine-containing) products as nicotine-free”.

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