Tobacco and Nicotine Products

Tobacco products, electronic cigarettes, vapes, and nicotine-containing products subject to consumption controls, ingredient restrictions, labeling, and public health regulations.

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Last updated

13 May 2026, 12:35

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Latest Tobacco and Nicotine Products alerts

The most recent regulatory and guidance signals tracked by Foresight

California SB 1314: Smoke Shop Buffer Zones, Hours, and Nitrous Oxide Ban

California’s Youth Over Smoke Act (SB 1314) is advancing in the Senate and would impose minimum statewide rules on where smoke shops can operate, their opening hours, and an outright ban on nitrous oxide in smoke shops, with the bill now parked in the Appropriations Committee suspense file after an 11 May 2026 hearing. If enacted, smoke shops near schools or daycare centres and those trading in nitrous oxide would face tighter siting, operating and licensing constraints under the STAKE Act, signalling stronger controls on youth access to tobacco outlets and recreational nitrous oxide use in California.

leginfo.legislature.ca.govUnited StatesUnited States

EU Commission Plans 2026 Revision of Tobacco Products and Advertising Directives

In May 2026 the European Commission told Parliament it has completed its evaluation of the EU tobacco control directives and plans to propose a revision of the framework in 2026. This signals that significant changes to EU requirements for tobacco and nicotine products could arrive from 2026 onwards, so manufacturers and retailers should track upcoming impact assessments and consultations and prepare for potential shifts in product, packaging, and marketing rules.

europarl.europa.euEuropean UnionEuropean Union

US FDA Final Guidance on Enforcement Priorities for Certain New Tobacco Products Marketed Without Premarket Authorization

In May 2026, the US Food and Drug Administration issued final guidance describing how it will prioritise enforcement against certain electronic nicotine delivery systems and oral nicotine pouch products marketed without required premarket authorization. The guidance signals more targeted enforcement against unauthorized tobacco products and a push toward a regulated market of compliant, potentially less harmful products, raising compliance and enforcement risk for ENDS and nicotine pouch manufacturers, importers, and retailers.

federalregister.govUnited StatesUnited States

Argentina Ministry of Health Establishes Tobacco and Nicotine Product Register and Repeals Heated Tobacco Ban

Argentina’s Ministry of Health has issued Resolution MSAS 549/2026, published in early May 2026, repealing its 2023 ban on heated tobacco products and establishing a national register and regulatory framework for tobacco and nicotine products. This shifts the country from a prohibition model to a controlled, registration-based regime, requiring manufacturers and importers to prepare product dossiers, documentation and labelling aligned with Argentina’s tobacco control law and upcoming register requirements.

cda.org.arArgentinaArgentina

US House Bill H.R. 8687 — ENDS Chinese Vapes Act of 2026 Introduced

In May 2026, a US House bill (H.R. 8687, the ENDS Chinese Vapes Act of 2026) was introduced to amend the Tariff Act of 1930 by creating steep, escalating civil penalties for importing unauthorized electronic nicotine delivery systems into the United States. If enacted, this would greatly increase financial and enforcement risk for importers, logistics providers, and marketplaces dealing in vaping products, making FDA authorization checks and supply chain due diligence on e-cigarette sources critical for market access planning.

govinfo.govUnited StatesUnited States

US House Introduces H.R. 8687 To Escalate Tariff Act Penalties For Unauthorized E-Cigarette Imports

In May 2026, the US House introduced H.R. 8687 to amend the Tariff Act of 1930 by creating escalating civil penalties for fraudulent or negligent importation of unauthorized electronic nicotine delivery systems. If enacted, this would tighten border enforcement against illicit e-cigarette products, raising financial exposure for importers and distributors and signalling stronger federal scrutiny of vaping supply chains.

govinfo.govUnited StatesUnited States

US ATF Final Rule Implements PATRIOT Improvement Act Amendments on Contraband Cigarettes and Smokeless Tobacco

ATF has issued a final rule, effective 8 June 2026, that lowers contraband thresholds and extends recordkeeping and reporting requirements under the Contraband Cigarette Trafficking Act to smokeless tobacco, updating 27 CFR part 646 in line with the PATRIOT Improvement Act. Large-volume tobacco manufacturers, wholesalers and remote sellers now need to assess whether they exceed the new thresholds, strengthen five-year electronic record systems, and prepare for expanded ATF inspection and enforcement focused on contraband cigarettes and smokeless tobacco flows.

federalregister.govUnited StatesUnited States

Netherlands VWS Publishes 2026 Health Policy Letter and Legislative Roadmap

The Dutch health ministry’s 2026 policy letter and legislative roadmap signal stricter controls on vaping, major reforms to how appropriate care is defined and financed, and a push to strengthen medicine and medical-device security over the coming years. Suppliers of nicotine products, medicines, medical devices and health services should anticipate tighter age limits and enforcement, shifts in reimbursement and contracting rules, and greater expectations around availability and resilience of critical products.

zoek.officielebekendmakingen.nlNetherlandsNetherlands

Netherlands VWS Plans Warenwet, Alcohol and Tobacco Law Changes and EU Medicines Implementation

The Dutch Ministry of Health has published a legislative annex outlining planned reforms to the Warenwet, Alcoholwet, Tabaks- en rookwarenwet and implementation of new EU medicines legislation between 2026 and 2029. These indicative timelines give early warning of forthcoming changes to Dutch and Caribbean Netherlands food, consumer-goods, alcohol, tobacco and pharmaceuticals regulation, allowing compliance teams to plan resources, portfolios and market-access strategies ahead of formal proposals.

zoek.officielebekendmakingen.nlNetherlandsNetherlands

EU Commission Approves Data Storage Provider for Tobacco Products Traceability System (Directive 2014/40/EU)

In May 2026 the European Commission adopted Decision C(2026)3178 approving the data storage provider and related contract for the EU tobacco products traceability system under Directive 2014/40/EU. This locks in the central provider that will host mandatory traceability data, so tobacco manufacturers and supply-chain operators must ensure their reporting interfaces and contracts align with the newly designated service going forward.

ec.europa.euEuropean UnionEuropean Union

Connecticut General Assembly Passes SB 147 To Extend Paint Stewardship To Aerosol Coatings And Study Vape EPR

Connecticut lawmakers have passed SB 147, a bill that would extend the state’s paint stewardship extended producer responsibility programme to aerosol coating products and mandate a feasibility study and legislative recommendations on EPR for electronic nicotine delivery systems and other vapor products, with provisions taking effect upon passage and from 1 October 2026. For product stewardship and sustainability teams, this signals expanded EPR obligations for aerosol paint producers and retailers from 2026 and a strong likelihood of future EPR rules for vape products, warranting early assessment of affected product lines, supply chains, and collection infrastructure.

cga.ct.govUnited StatesUnited States

Connecticut Legislature Passes SB 147 on EPR Study for Vapes and Aerosol Paint Stewardship

In May 2026, the Connecticut legislature passed SB 147, pending gubernatorial action, to require a feasibility study on extended producer responsibility for electronic nicotine delivery systems and vapor products and to expand the state paint stewardship program to cover aerosol coating products from October 2026. If signed, producers of aerosol paints and related products will need to join the state stewardship organisation and fund an EPR assessment, while a future EPR scheme for vapes remains possible depending on the study’s findings and subsequent legislation, signalling growing US state-level pressure on hard-to-manage product waste streams.

cga.ct.govUnited StatesUnited States

South Carolina House Introduces H5666 on Retail Sale of Nicotine Delivery Products

In May 2026, the South Carolina House introduced H5666, a bill that would bar retail sale of nicotine delivery products unless they are made in FDA-inspected US facilities and would prohibit products sourced from federally defined foreign adversarial countries. If enacted, manufacturers and distributors selling vaping and other nicotine devices in the state would need to reconfigure sourcing and provide detailed origin disclosures to the Department of Revenue, materially changing compliance and supply-chain risk.

scstatehouse.govUnited StatesUnited States

South Carolina Bill H.5667 Would Create Apothecary Retailer Licences for Hemp-Derived Cannabinoid and Wellness Products

South Carolina has introduced Bill H.5667 (Apothecary Retailer Act) to create a new apothecary retailer licence category and impose age, THC-content and marketing controls on hemp-derived cannabinoid, smoking-cession and wellness products sold in specialist outlets. If enacted, this would establish a distinct retail channel outside alcohol law, requiring manufacturers and retailers of cannabinoid and wellness products to align product formulations, labelling, and distribution strategies with South Carolina-specific THC limits and age-verification rules.

scstatehouse.govUnited StatesUnited States

Ohio HB849 Proposes Statewide Licensing and Enforcement for Electronic Smoking and Vape Products

In May 2026, the Ohio House introduced HB849 to establish a statewide licensing, registration, and inspection regime for manufacturers, distributors, and retailers of electronic smoking, vapor, tobacco, and alternative nicotine products, backed by a state-maintained product directory and contraband rules. If enacted, this framework would centralise tobacco and vape control at state level, restrict youth-appealing vape marketing, and significantly tighten compliance expectations, fees, and penalties for companies placing nicotine products on the Ohio market.

search-prod.lis.state.oh.usUnited StatesUnited States

US CDC Seeks Comment on Tobacco Ingredient Reporting Information Collection Reinstatement

In May 2026, the US Centers for Disease Control and Prevention sought public comment on reinstating its tobacco ingredient reporting information collection, which requires cigarette manufacturers, packagers and importers to submit annual ingredient lists by chemical name and CAS number. The notice leaves the underlying statutory duty unchanged but reaffirms that annual 31 March, mail‑ or fax‑based reporting will continue, so tobacco companies should ensure their ingredient data and filing processes remain robust and decide whether to comment on the estimated burden during the 30‑day review window.

federalregister.govUnited StatesUnited States

Alaska HB 49 Would Raise Tobacco and E-Cigarette Age Limit and Tax Vaping Products

Alaska’s House is considering HB 49, a bill that would raise the legal age for purchasing and possessing tobacco, nicotine products, and e-cigarettes to 21, impose a 25% retail tax on many vaping products, and tighten licensing, shipping, and marketing controls from 2026 onward. If enacted, this would materially increase compliance obligations and costs for tobacco and vaping manufacturers, distributors, and retailers operating in Alaska and may signal similar youth-focused nicotine controls in other US states.

akleg.govUnited StatesUnited States

US FDA Authorizes Marketing of Four Glas ENDS Pods Via PMTA

In May 2026, the US FDA authorized four Glas electronic nicotine delivery system pods via the PMTA pathway, expanding the small list of ENDS products that can be legally marketed. The decision underscores FDA’s willingness to approve non-tobacco flavoured ENDS where strong age-gating and adult-targeted marketing controls are in place, raising the compliance bar for competitors and retailers.

fda.govUnited StatesUnited States

Argentina Decree 305/26 Raises Import Duties on Heated Tobacco, E‑Cigarettes and Nicotine Pouches

Argentina has adopted Decree 305/26, raising extra‑zone import duties for specific NCM codes covering heated tobacco products, e‑cigarettes and nicotine pouches with effect from 4 May 2026. Importers of these products face higher landed costs and must ensure shipments and customs declarations align with the new tariff lines, using a limited 60‑day transitional window only for goods already shipped or in customs at entry into force.

cda.org.arArgentinaArgentina

Argentina ANMAT Repeals Electronic Cigarette Import and Marketing Ban

Argentina’s medicines regulator ANMAT has repealed its 2011 disposition that imposed a nationwide ban on the import, distribution and advertising of electronic cigarettes, with the repeal taking effect upon Boletín Oficial publication on 4 May 2026. This removes the previous blanket prohibition and signals a shift toward a strict, risk‑based regulatory framework for new nicotine and tobacco products, so importers and retailers should prepare for future authorisation, product‑standard and marketing controls rather than unrestricted market access.

cda.org.arArgentinaArgentina

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