New state regulations for vape products to take effect June 1: What to know
HB8, also known as Act 2025-403, designates two specific retail permit types available to businesses for vape products, according to the ABC. They are as follows:
ABC Tobacco PermitThe ABC Tobacco Permit authorizes the sale of the products listed below:
Tobacco, tobacco products, and/or non-vapor-based alternative nicotine; or
E-liquid, electronic nicotine delivery systems, and vapor-based alternative nicotine products that have received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) NOTE: This means that the product (i) has received an FDA marketing order; (ii) has received an FDA marketing denial order that has been stayed, rescinded, or vacated by a court order or by the FDA itself; or (iii) is subject to a premarket tobacco application that was timely filed and remains under review by the FDA; and (iv) is listed on The ENDS Directory is maintained by the Department of Revenue pursuant to Section 28-11-17.1.
Those permittees that sell the above-mentioned products may renew their ABC Tobacco Permit for the 2025-2026 year when renewals begin June 1, 2025. The annual permit fee for an ABC Tobacco Permit is now $150.
ABC Specialty Retailer of Electronic Nicotine Delivery System PermitThe ABC Specialty Retailer of Electronic Nicotine Delivery System Permit authorizes the saleof any allowable e-liquids, electronic nicotine delivery systems, and vapor-based alternativeNicotine products that meet the requirements of state and federal law,
The annual permit fee for an ABC Specialty Retailer of Electronic Nicotine Delivery System Permit is $1,000.00.
Any location that meets the definition of a Specialty Retailer of Electronic Nicotine Delivery Systems Permit under 28-11-2(19) must obtain the Specialty Retailer of Electronic Nicotine Delivery Systems Permit. These locations must be restricted to those 21 years of age or older and have signs posted indicating the age restriction.
All products sold must meet all requirements of state and federal law.
Current permit holders will receive official correspondence to the email address on record fromthe Alcoholic Beverage Control Board.
Under HB8, convenience stores across the state are only allowed to sell 34 tobacco and menthol-flavored e-cigarette products approved by the FDA. All other flavors — including hundreds currently pending FDA review — will be banned from sale except in age-restricted vape shops where only those 21 and over can enter.
Other notions in HB8 include:
Banning the sale of vapes in vending machines
Increasing penalties for selling vapes to minors under 21
Until the FDA begins to regulate vape products in the U.S., Alabama, as a state, must restrict and prohibit the sale of foreign vape products
The State Board of Education shall adopt a model policy for vape awareness, education and prevention programs in public K-12 schools
You can read the full enrolled act below.
HB8-2025-403Download
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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