Disposable Vape Ban in the US: All You Need To Know

With the aggressive crackdown disposable vapes are facing from the FDA and other authorities, it's enough to wonder if these devices are banned. Well, are they? Are disposable vapes banned in the US?

There's currently no nationwide disposable vape ban in the US as of 2025. What we do have is a patchwork of state-level bans on the product. For example, while states like Texas have outrightly banned disposables, some only outlaw flavored ones, while online sales are restricted in other areas.

Thing is, when you combine these state-level restrictions, there's barely any disposable vape left untouched, depending on where you live. Emphasis on where you live.

So let's look at the vaping bans currently effective in all 50 states so you know what applies to you.

Vape Restrictions Across US States 2025

Disposable vapes have been banned or partially restricted in Texas, Florida, New York, New Jersey, Illinois, North Carolina, Mississippi, Wisconsin, and Maryland.

The table below shows the US states where state-level vape bans are in effect as of December 5, 2025.

● Texas disposable vape ban: On September 1, 2025, Texas enacted the SB 2024 bill, which bans the sale of all disposable vapes manufactured in China or any other US-adversary country. The bill pretty much bans all disposable vapes, because the ones in most US stores are Chinese imports.

● Florida: A 2024 law prohibits single-use disposable e-cigarettes marketed to youth, a broad category that covers most popular disposables.

● Maryland: Prohibits the sale of flavored disposables.

● Mississippi: As of December 1, 2025, bans all products not on a state-approved product directory of FDA-authorized manufacturers, effectively making most popular disposable vapes illegal to sell.

● North Carolina: A law effective July 1, 2025, bans the sale of all disposable vapes without FDA authorization, similar to Mississippi's approach.

● Wisconsin: Permits only FDA-authorized vapes, essentially banning most disposable vapes.

● New York: Bans all flavored nicotine vapes except tobacco flavor and also bans online sales of all vape products.

● New Jersey: Since August 1, 2025, New Jersey has outlawed the importation and supply of disposable vapes. However, retailers can continue selling existing stock until February 1 2026. This is a move to curb waste from single-use items.

● California: On January 1, 2026, Assembly Bill 762 will take effect, banning all disposable vapes from California.

If your state isn’t on the disposable vape ban list above, you may count yourself lucky. But I'll suggest to not be hasty about that. Because while your state laws may not explicitly have banned disposables, the reality is that they still lack FDA authorization.

Well, let’s put it this way:

The FDA only authorizes the sale of vapor products with PMTA approval. Right now, there are only 39 e-cigs with this FDA authorization (table below). And only 4 of them are disposables. The rest are pod systems.

Meaning, even in places where there's no state-level vaping ban, most disposable e-cigs you come across are still technically illegal for sale according to federal laws. More or less.

But there’s a reason why enforcement isn’t as stringent as expected, especially in states with no disposable vape ban.

The Supreme Court has ruled that the federal government cannot force states to enforce federal laws. So if your state has not explicitly outlawed disposables or flavored vapes, trust these e-cigs are not leaving retail shelves anytime soon even if they lack federal consent.

What Are the Major Disposable Vape Brands Affected By the Disposable Vape Ban?

Geek Bar, Lost Mary, and all other popular disposable vapes are affected by the disposable vape ban. Most disposables on US shelves lack FDA authorization. The only disposable that's authorized by the FDA is NJOY Daily. And it has only menthol and tobacco flavors anyway.

So as you can see, all your favorite disposables like Geek Bar and Foger are technically not authorized for sale, hence illegal.

And we can see how that's playing out. On January 10, 2025, the FDA announced the seizure of over 628,000 unauthorized e-cigarrates. And guess what? Most of them were disposables.

Geek Bars almost completely disappeared from retail shelves mid-2025 as importing became a pain in the b*tt.

What Vapes Are FDA-Approved in 2025?

As of December 2025, the FDA has authorized the sale of e-ciggarates from only four companies: Juul,  Logic, NJOY, and R.J Reynolds. There are 39 products in all. Out of these, only four are disposables – the NJOY Daily lineup.

Table showing e-cigarettes authorized by the FDA as of December 2025:

Source: Department of Health and Human Services

There are only four disposable vapes on the FDA-approved list: NJOY DAILY Rich Tobacco, NJOY DAILY EXTRA Rich Tobacco, NJOY DAILY Menthol, and NJOY DAILY EXTRA Menthol.

For states like Wisconsin, Mississippi, and North Carolina where only FDA-authorized disposable vapes are permitted, you are free to buy and sell any of the NJOY DAILY disposables.

Unfortunately, NJOY is largely manufactured and imported from China. So if you live in Texas where all Chinese disposables are outlawed, you just have to switch to a pod system or look for a US-made disposable.

Get this Made-In-US disposable vape from VapingLand.

Where Can I Find Alternatives to Disposable Vapes that Comply with the Ban?

Pods, mods, and other refillable systems are not affected by the disposable vape ban. So if you live in Texas or New Jersey where disposable vapes have been outlawed, you can simply get a refillable pod kit from VapingLand or any vape shop near you.

In many states where flavored disposables are banned, New York for instance, you can still get menthol and tobacco flavored ones legally. Check your state law to know what applies.

To vape peacefully without worrying about laws, consider going for vapes that have obtained FDA authorization.

That's if you're a fan of menthol/tobacco flavor. Either way, it just might be a case of when the desirable is unavailable, the available becomes desirable.

Are There Vape Shops Still Selling Disposable Vapes Despite the Ban?

Yes, you'll still find a lot of vape shops selling disposables, both online and over the counter. Especially in states with no state-level ban, such as Kansas and South Carolina. States do not naturally put so much effort into enforcing such federal laws.

Can I Buy Vapes Online After the Ban?

You can buy vapes online if your state has not prohibited the online sales of these products. Nebraska, Nevada, Tennessee, and New Hampshire and many others currently do not have any ban on online vape sales as of December 2025.

Despite the barrage of attacks on e-cigs in the US, the good news is some online retailers still sell. As long as they have your desired device in stock and they ship to your location, you should be able to grab one.

At any rate, sales have become a pain for most online vape retailers. Either there's a state restriction on flavored disposables or a new bill is about to take effect. The dwindling sales and heavy fines put vape retailers under heavy pressure.

Little wonder why many vape stores are running massive sales events to sell off their existing stock of flavored disposables.

And there lies the silver lining: You can take advantage of the discount sales currently ongoing at VapingLand to stock up before more stringent regulations are enforced.

At VapingLand, you'll find a wide range of your favorite disposables in stock. Geek bars, Foger, and more, even US-made ones.

The Bottom Line

There’s no explicit nationwide ban on disposable vapes in the US. But almost all disposables lack FDA authorization, making them technically illegal for sale. So in a sense, we can say they’re banned.

But enforcement is still lax in some states, especially those that haven’t enacted their own state-wide ban. So you can scoop up disposable vapes from verified retailers like VapingLand. Or else, get your hands on refillables in menthol flavor.