Industry Changes That Affect You
The vapor industry continues to face significant regulatory changes at both the federal and state level. These laws can affect which products may be sold, where we can ship, how orders must be delivered, what taxes apply, and which products are permitted for sale in individual states.
We created this page to help our customers understand why product availability, shipping options, taxes, and service areas may differ depending on where you live.
Federal Regulation of Vapor Products
Electronic cigarettes and other electronic nicotine delivery systems (ENDS) are regulated by the U.S. Food and Drug Administration (FDA) as tobacco products.
Under federal law, the minimum age to purchase tobacco products, including electronic cigarettes and e-liquids, is 21 years old. Federal rules also require retailers to verify the age of customers under 30 using photographic identification.
New tobacco products are also subject to FDA’s Premarket Tobacco Product Application (PMTA) requirements. Generally, a new tobacco product must receive a written marketing authorization from FDA to be legally marketed in the United States.
FDA also establishes enforcement priorities that determine how the agency directs its enforcement resources toward unauthorized products. These policies have continued to evolve, including new FDA guidance issued in May 2026.
PMTA and FDA Review
The Premarket Tobacco Product Application, or PMTA, is the FDA pathway through which manufacturers seek authorization to market new tobacco products in the United States.
FDA’s review can include product chemistry, toxicology, manufacturing controls, product design, abuse liability, youth-use considerations, and evidence regarding whether allowing a product to remain on the market would be appropriate for the protection of public health.
FDA authorization is product-specific. Authorization of one manufacturer’s product, flavor, nicotine strength, or device does not automatically authorize similar products made by another manufacturer.
FDA has authorized a limited number of electronic cigarette products through the PMTA process, while applications for other products remain under review.
In May 2026, FDA also issued updated enforcement guidance concerning certain ENDS products with pending PMTAs. Under that policy, certain products with qualifying applications that have been accepted and filed by FDA may not currently be prioritized for enforcement while FDA completes its review, provided the products meet the conditions described by FDA.
An application being under FDA review, however, is not the same as receiving FDA marketing authorization.
State Product Registries and Directories
One of the most significant recent changes in the vapor industry has been the rapid expansion of state-level electronic cigarette product registries and directories.
A growing number of states require manufacturers to register individual products before those products may legally be sold within the state. Requirements vary significantly by state.
Depending on the state, manufacturers may be required to provide documentation showing that a product:
- Has received FDA marketing authorization;
- Has a qualifying PMTA pending with FDA;
- Meets specific historical filing requirements;
- Is involved in an eligible administrative or legal review process; or
- Meets other state-specific requirements.
States may also charge registration fees, require annual renewals, impose manufacturer or distributor certifications, and assess penalties for selling products that are not included on the state’s approved directory.
As a result, a product available in one state may not necessarily be available in another.
Utah
Utah is one example of this changing regulatory environment.
Beginning January 1, 2025, electronic cigarette products sold in Utah are required to be included on the state’s Electronic Cigarette Product Registry. Utah also requires retailers to obtain electronic cigarette products through appropriately licensed distributors and imposes additional requirements concerning product eligibility and flavored electronic cigarette products.
These requirements are separate from federal FDA requirements, meaning manufacturers, distributors, and retailers must comply with both federal law and applicable Utah law.
Flavor Regulations
There is no single federal law prohibiting every flavored electronic cigarette product nationwide. Instead, federal regulation of flavored ENDS has developed through FDA authorization requirements and enforcement policies, while individual states and local governments may impose additional restrictions.
In May 2026, FDA authorized four Glas ENDS products, including Gold and Sapphire pods. FDA described the decision as the agency’s first authorization of non-tobacco and non-menthol ENDS products.
This was an important regulatory development, but FDA authorization remains product-specific. Authorization of a particular flavored product does not mean that all products using a similar flavor may legally be sold.
States and local governments may also maintain flavor restrictions that are more restrictive than federal policy. Because these laws vary considerably, certain products may be unavailable depending on the customer’s shipping location.
PACT Act and Online Sales
The federal Prevent All Cigarette Trafficking Act, commonly known as the PACT Act, applies to electronic nicotine delivery systems.
Businesses selling or shipping ENDS in interstate commerce are subject to extensive compliance requirements, which can include:
- Federal and state registration;
- Age verification;
- State and local tax compliance;
- Monthly reporting requirements;
- Shipping and package-labeling requirements;
- Recordkeeping requirements; and
- Age verification at delivery.
The PACT Act also requires sellers engaged in remote sales to comply with applicable state and local laws concerning licensing, taxation, delivery sales, and product restrictions.
These requirements are one reason online vapor retailers may not be able to serve every state or jurisdiction.
Shipping Restrictions
Shipping vapor products is substantially more complicated than shipping ordinary consumer products.
Federal law generally prohibits electronic nicotine delivery systems from being mailed through the U.S. Postal Service, except under specific permitted exceptions.
Major national carriers have also adopted their own restrictions. FedEx prohibits shipping electronic cigarettes and related products, and UPS currently prohibits vaping products throughout its U.S. domestic network.
Because of these restrictions, compliant online vapor retailers may need to use specialized carriers that accept ENDS shipments and provide the required age-verification and adult-signature services.
Carrier coverage is not available in every ZIP code. As a result, we may be unable to ship to certain addresses even when the product itself is otherwise permitted for sale in that state.
State and Local Restrictions
In addition to federal requirements, states and local governments may impose their own rules governing vapor products.
Depending on the destination, these can include:
- Electronic cigarette product registries or directories;
- Flavor restrictions;
- Online or delivery-sale restrictions;
- Retail, wholesale, distributor, or manufacturer licensing;
- Nicotine concentration or product standards;
- Excise taxes;
- PACT Act registration and reporting requirements; and
- Additional age-verification or delivery requirements.
These laws change frequently and are not uniform across the country.
Excise Taxes
Many states impose excise taxes on electronic cigarettes, vapor products, or nicotine products.
The method used to calculate these taxes varies significantly. Depending on the state, taxes may be based on the wholesale price, retail price, volume of e-liquid, nicotine content, cartridge or container quantity, or another formula.
Some jurisdictions also impose local taxes in addition to state taxes.
Because tax requirements depend on the destination of an order, the taxes charged may vary based on where the customer lives.
States and Areas We May Not Service
Because of the combination of federal requirements, state and local laws, product registries, taxes, licensing requirements, and carrier limitations, GreenSmartLiving may not be able to sell or ship products to every U.S. address.
If your state or address is unavailable during checkout, it may be due to one or more of the following:
- State or local restrictions on online tobacco sales;
- Product registry or directory requirements;
- Flavor or product restrictions;
- State licensing requirements;
- Excise tax or reporting requirements;
- PACT Act compliance requirements;
- Shipping-carrier restrictions; or
- Lack of compliant adult-signature delivery service in your area.
Availability may change as laws, regulations, product registrations, and carrier service areas change.
Our Commitment
GreenSmartLiving is committed to complying with applicable federal, state, and local requirements while continuing to serve adult customers wherever legally and operationally possible.
We support responsible regulation designed to prevent youth access while preserving lawful access for adults seeking alternatives to combustible cigarettes.
The regulatory environment surrounding vapor products continues to change rapidly. For that reason, product availability, taxes, shipping methods, and the areas we are able to service may change without notice.
Where We Currently Ship
GreenSmartLiving ships to adult customers in many U.S. states. However, because vapor-product laws vary significantly from state to state, we are currently unable to accept online orders for delivery to certain jurisdictions.
States We Currently Do Not Ship To
At this time, GreenSmartLiving does not ship directly to consumers in:
Alabama • Arkansas • Connecticut • Delaware • Georgia • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Missouri • Nebraska • New Hampshire • New York • Ohio • Rhode Island • Vermont • West Virginia • Washington, D.C.
These restrictions may result from one or more state-specific requirements, including:
- Restrictions on online or delivery sales of vapor products
- Electronic cigarette product registries or approved-product directories
- Manufacturer, distributor, or retailer licensing requirements
- State excise-tax registration and reporting requirements
- Flavor or product restrictions
- State-specific shipping and age-verification requirements
- Other regulatory or compliance requirements
A state appearing on this list does not necessarily mean that the state completely prohibits online vapor sales. In some cases, GreenSmartLiving has chosen not to service a state because the licensing, registration, tax, product-directory, or other compliance requirements currently prevent us from doing so.
Why Some States Are Restricted
Vapor-product regulations have become increasingly state-specific.
For example, some states prohibit or significantly restrict direct-to-consumer shipments of vapor products. Other states require individual vapor products to appear on a state-approved directory before they can legally be sold. States may also require manufacturers, distributors, or online retailers to obtain licenses, register with state agencies, collect excise taxes, or submit periodic reports.
Because these requirements differ by state, a GreenSmartLiving product that is available for purchase in one state may not currently be available in another.
Shipping Availability Can Change
The vapor regulatory environment continues to change rapidly. GreenSmartLiving regularly reviews state laws, product-directory requirements, licensing obligations, taxes, and shipping regulations.
As requirements change—or as our products receive required state registrations—we may add or remove states from our shipping area.
Even within states we currently service, some ZIP codes may be unavailable because compliant adult-signature delivery service is not available in that area.
The most current determination of shipping availability will be shown during checkout.
Current as of October 2026. Shipping availability is subject to change as federal, state, and local requirements change.
