Tackling Tobacco: May 2025 Legislative & Regulatory Roundup
NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.
ALABAMA
A new law allowing only the sale of 34 tobacco and menthol-flavored e-cigarette products approved by the U.S. Food and Drug Administration (FDA) was set to take effect June 1. All other flavors were to be banned from sale except in age-restricted vape shops. Other changes include banning the sale of vapor products in vending machines; increasing penalties for selling to consumer under 21; requiring vape products sold in the state to be U.S.-manufactured; and authorizing retailers to obtain licenses to sell alternative nicotine products.
However, days before the implementation date, the Petroleum and Convenience Marketers of Alabama filed federal suit challenging the legislation, claiming the new law is unconstitutional on two counts: restricting the sale of many e-cigarettes to adult-only specialty retailers is preempted by federal law and prohibiting the sale of any next-gen tobacco product that contains any component manufactured outside the United States, unless the product has FDA-marketing authorization, is unconstitutional, according to the AL.com news outlet.
As a result of the filing, the state agreed to allow c-stores to continue to sell all products on the FDA's "pending" list or Alabama's Electronic Nicotine Delivery System (ENDS) Directory.
[Read more: Federal Operation Seizes Nearly $34M in Illegal Vapor Products]
ARIZONA
Phoenix — The Arizona House of Representatives gave preliminary approval to a bill that would raise the age to buy or possess cigarettes and other tobacco products to 21. One amendment to the bill will include an exception, with some restrictions, for those 18 years or older who are active in the military or in the reserves. The measure still needs a final vote in the House of Representatives before heading to the Arizona Senate.
CALIFORNIA
South City — South City (San Francisco) officially updated its tobacco retail ordinance, more closely aligning it with San Mateo County's policy, which prohibits issuing new tobacco permits for any operation within 1,000 feet of a "youth-populated area" and within 500 feet of another tobacco retailer. It also prohibits sales of synthetic nicotine, non-nicotine electronic smoking devices and hookah operations.
OHIO
Toledo — Toledo officials are looking to increase tobacco shop regulations to decrease the density of shops popping up and their proximity to youth. Key recommendations from the Toledo City Plan Commission include increasing the required distance from youth-related facilities from 500 feet to 1,000 feet and implementing a spacing requirement of 2,000 feet between tobacco shops to reduce their density in the city. The recommendations will be forwarded to the Toledo City Council for further consideration.
TEXAS
Austin — A new bill has been signed into law prohibiting signs advertising cigarettes, e-cigarettes and tobacco products from being displayed within 1,000 feet of churches or schools in the state; it will go into effect this September. There is an exception — the ban does not apply to signs between 1,000 feet and 500 feet from schools or churches that have stood since Sept. 1, 1997.
WASHINGTON
Olympia — Gov. Bob Ferguson signed into law legislation that imposes the current 95% tax on tobacco products to products that contain nicotine, such as pouches, whether derived from tobacco or synthetically. The tax will take effect Jan. 1, 2026.