Montgomery, Ala. (WDNews) —
Alabama lawmakers have passed a new law cracking down on youth vaping, with tougher restrictions aimed at both underage users and the retailers who sell to them.
However, this law was met with its share of criticism. The Petroleum and Convenience Marketers of Alabama filed a federal suit in late May believing that the law was unconstitutional.
Many E-cigarette products were limited to “specialty” retailers in the original bill. This would limit how much product that convenience stores and gas stations would be able to have on their shelves.
The E-cigarettes in question are ones that are not FDA approved. The Petroleum and Convenience Marketers of Alabama, only the FDA is allowed to enforce the rules in the federal Food, Drug & Cosmetic Act.
If Alabama’s new law tries to let the ABC Board or state police go after stores just because a product hasn’t been officially approved by the FDA, that part of the law would go against federal rules and wouldn’t be allowed.
An agreement has been reached in the lawsuit. Now Alabama stores can sell more than the original
34 tobacco and E-cigarette products approved by the FDA.
The new law creates several new penalties and enforcement tools in an effort to curb what officials are calling a youth vaping epidemic. The bill passed the Alabama Legislature with strong bipartisan support and takes effect October 1, 2025.
Retailers will face tighter rules. All vape product sellers must now be licensed by the state, similar to how tobacco sales are regulated.
Selling to minors or failing to comply with licensing laws can result in fines, suspension or even loss of a license. Vending machine sales of vaping products are banned, and all vape products must now be kept behind the counter in stores.
One of the most significant changes is the creation of a comprehensive enforcement and compliance program under the Alcoholic Beverage Control Board. This will include routine compliance checks and inspections of vape retailers across the state.
Fines from violations will go toward funding enforcement efforts and youth education.
Health advocates praised the law for finally closing loopholes in Alabama’s previous vape policies, which had fallen behind national trends. Officials say the state has seen a sharp rise in teen vape use in recent years, with students as young as middle school becoming addicted to flavored nicotine products.
Violations by minors, such as using or possessing a vape, will be considered a civil offense—not a criminal one. Teens caught with vapes may be required to attend education or cessation programs instead of paying fines.
Lawmakers say the goal is not to punish kids, but to prevent addiction and hold businesses accountable. Officials say they’ll be watching closely to see if the new law makes an impact.
Senate Bill 71 is sponsored by Sen. Arthur Orr and Rep. Shane Stringer.
