Are Nicotine Pouches Legal in Florida? (2026)

Instrument

Directory of nicotine dispensing devices attractive to minors; shipment bar; directory rule

Source

https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0569/0569.html

Retrieved

2026-11-06

Fingerprint

9ef705eabe6f561c

Control of nicotine dispensing devices; grant of authority to Attorney General to create a directory of nicotine products attractive to minors.
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(1) 
The Legislature has determined that information, testings, approvals, or scientific evidence may, from time to time, indicate that certain nicotine dispensing devices have a greater potential to be attractive to and be abused by minors than was evident when such devices were allowed on the market. It is the intent of the Legislature to quickly provide a method to allow the state to seek removal of such items from the market.
(2) 
The Attorney General is hereby authorized to adopt rules creating a directory listing nicotine dispensing devices that are attractive to minors.
(3) 
A nicotine dispensing device is deemed attractive to minors, and the Attorney General shall include it in the directory, if the nicotine dispensing device has features that are significantly appealing to minors as compared to the legitimate benefits those features offer to lawful users of the product. In applying this standard, the Attorney General and reviewing courts shall consider the following:
(a) 
Surveys or other data sources indicating that a nicotine dispensing device is being used by minors at a higher rate than other nicotine dispensing devices.
(b) 
Complaints, reports, or other information related to the use of a nicotine dispensing device by minors from other minors, parents, teachers, school employees, school boards, law enforcement officers, retailers, and other industry related officials as compared to other nicotine dispensing devices.
(c) 
The extent to which the nicotine dispensing device:
1. 
Is designed to be attractive to minors, such as through the use of bright colors or cartoon characters.
2. 
Is designed so that it is easy for minors to use and to conceal.
3. 
Uses or resembles the trade dress of a branded food product, consumer food product, or logo of a food product.
4. 
Is marketed in a manner that uniquely appeals to minors.
5. 
Uses actual copyrights, service marks, or trademarks or fake or actual copyrights, service marks, or trademarks that resemble consumer or food products popular with minors, including the names of candy or cereal products.
(d) 
Any reports of physical harm to minors from using the nicotine dispensing device or evidence that the nicotine dispensing device presents unique risks to minors.
(e) 
Whether the manufacturer of the nicotine dispensing device submitted a timely filed premarket tobacco product application for the nicotine dispensing device pursuant to 21 U.S.C. s. 387j.
(4) 
In making the determination in subsection (3), the Attorney General shall consider a decision of the FDA regarding the nicotine dispensing device, if the decision is final and not subject to a stay, by a court or the agency, or subject to a timely petition for supervisory review, and the extent to which the FDA's decision was predicated, in whole or part, on the risks to minors outweighing other benefits of the nicotine dispensing device.
(5) 
Rulemaking under this section shall be in accordance with the procedural requirements of chapter 120, including the emergency rule provisions found in s. 120.54, except that s. 120.54(7) does not apply.
(6) 
A determination by the Attorney General under subsections (2) and (3) to include a nicotine dispensing device in the directory is subject to review under chapter 120.
(7) 
This section does not apply to a nicotine dispensing device that has received a marketing granted order under 21 U.S.C. s. 387j.
(8) 
This section shall only apply to, and a nicotine dispensing device shall only be subject to this section when, a nicotine dispensing device is either a single-use or disposable electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device that is intended to be discarded after use, or an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, or other similar device that uses a sealed, prefilled, and disposable cartridge of nicotine in a solution. This section does not apply to an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, or other similar device that is an open system where a consumer fills a vial or other container with nicotine in a solution.
(9) 
The Department of Legal Affairs shall develop and maintain a directory listing all nicotine product manufacturers that sell nicotine dispensing devices in this state which the Attorney General has deemed attractive to minors under subsections (2) and (3). The department shall make the directory available January 1, 2025, for public inspection on its website. The department shall update the directory as necessary. The department shall establish a process to provide retailers, distributors, and wholesalers notice of the initial publication of the directory and any changes made to the directory.
(10) 
If a nicotine dispensing device is added to the directory, each retailer and each wholesaler holding nicotine dispensing devices for eventual sale to a consumer in this state has 60 days from the day such product is added to the directory to sell the product or remove the product from its inventory. After 60 days following the date a product is added to the directory, the product identified in the directory is contraband and subject to s. 569.345.
(11)(a) 
Except as provided in paragraphs (b) and (c), beginning March 1, 2025, or on the date that the department first makes the directory available for public inspection on its website, whichever is later, a nicotine product manufacturer that offers for sale in this state a nicotine dispensing device listed on the directory is subject to a fine of $1,000 per day for each individual nicotine dispensing device offered for sale in violation of this section until the offending product is removed from the market or until the offending product is no longer listed on the directory.
(b) 
Each retailer shall have 60 days from the date that the department first makes the directory available for public inspection on its website to sell products that were in its inventory before that date or remove those products from inventory.
(c) 
Each distributor or wholesaler shall have 60 days from the date that the department first makes the directory available for public inspection on its website to remove from inventory those products intended for eventual retail sale to a consumer in this state.
History.
—
s. 2, ch. 2024-127.
569.312 
Shipment of nicotine dispensing devices sold for retail sale in this state.
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(1) 
A nicotine product manufacturer, a retail nicotine products dealer, a wholesaler, or a distributor may not sell, ship, or otherwise distribute a nicotine dispensing device in this state for eventual retail sale to a consumer in this state that is listed on the directory.
(2) 
Any person who knowingly sells, ships or receives nicotine dispensing devices in violation of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) 
A violation of this part is deemed an unfair and deceptive trade practice actionable under part II of chapter 501 that can only be enforced by the Department of Legal Affairs. If the department has reason to believe that a person is in violation of this section, the department may, as the sole enforcement authority, bring an action against such person for an unfair or deceptive act or practice. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply. In addition to other remedies under this part, the department may collect a civil penalty of up to $1,000 per nicotine dispensing device sold, shipped, or otherwise distributed.
History.
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s. 3, ch. 2024-127.

2-4.001 Nicotine Dispensing Device Directory. 
(1) Definitions. As used in this rule, the following terms are defined as follows:
(a) "Department" means the Department of Legal Affairs. 
(b) "Directory" means a listing in which each nicotine dispensing device is identified on a webpage hosted on the Department's website, at https://www.myfloridalegal.com, as described in Section 569.311, F.S.
(2) Notification.
(a) The Department will maintain a directory listing nicotine dispensing devices as defined in Section 569.31(4), F.S., that have been deemed attractive to minors pursuant to Section 569.311(3), F.S. The directory will be available at https://www.myfloridalegal.com/NDDDirectory. 
(b) The Department will notify retailers, distributors, and wholesalers of the initial publication of the directory available at https://www.myfloridalegal.com/NDD prior to the publication of the directory. 
(c) Notification of changes or additions to the directory will be available at https://www.myfloridalegal.com/NDD.
(3) Administrative Review. Thirty (30) days prior to placement on the directory, the manufacturer or its appointed agent pursuant to Section 569.346, F.S., will be notified by U.S. Mail of the Department's intention to place one or more nicotine dispensing devices on the directory. The recipient will be informed of its right for administrative review under Sections 120.569, F.S. and 120.57, F.S., and judicial review under Section 120.68, F.S. 
Rulemaking Authority 569.311(2) FS. Law Implemented 569.311 FS. History–New 1-28-25.

Instrument

Mail order, Internet, and remote sales of nicotine products; age verification

Source

https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0569/0569.html

Retrieved

2026-11-06

Fingerprint

49991e8510f1c919

Mail order, Internet, and remote sales of nicotine products; age verification.
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(1) 
For purposes of this section, the term:
(a) 
“Consumer” means a person in the state who comes into possession of any nicotine product who, at the time of possession, is not intending to sell or distribute the nicotine product, or is not a retailer.
(b) 
"Delivery sale" means any sale of nicotine products to a consumer in the state for which:
1. 
The consumer submits the order for the sale by telephonic or other voice transmission, mail, delivery service, or the Internet or other online service; or
2. 
The nicotine products are delivered by use of mail or a delivery service.
(c) 
"Delivery service" means any person engaged in the commercial delivery of letters, packages, or other containers.
(d) 
"Legal minimum purchase age" means the minimum age at which an individual may legally purchase nicotine products in the state.
(e) 
“Retailer” means any person who is required to obtain a retail nicotine products dealer permit or a retail tobacco products dealer permit, as defined in s. 569.002.
(f) 
"Shipping container" means a container in which nicotine products are shipped in connection with a delivery sale.
(g) 
“Shipping document” means a bill of lading, airbill, United States Postal Service form, or any other document used to verify the undertaking by a delivery service to deliver letters, packages, or other containers.
(2)(a) 
A sale of nicotine products constituting a delivery sale under paragraph (1)(b) is a delivery sale regardless of whether the person accepting the order for the delivery sale is located inside or outside the state.
(b) 
A retailer must obtain a retail nicotine products dealer permit or a retail tobacco products dealer permit, as defined in s. 569.002, from the division under the requirements of this chapter before accepting an order for a delivery sale.
(c) 
A person may not make a delivery sale of nicotine products to any individual who is not 21 years of age or older.
(d) 
Each person accepting an order for a delivery sale must comply with each of the following:
1. 
The age verification requirements set forth in subsection (3).
2. 
The disclosure requirements set forth in subsection (4).
3. 
The shipping requirements set forth in subsection (5).
(3) 
A person may not mail, ship, or otherwise deliver nicotine products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person accepting the order for the delivery sale:
(a) 
Obtains from the person submitting the order a certification that includes:
1. 
Reliable confirmation that the person is 21 years of age or older; and
2. 
A statement signed by the person in writing and under penalty of perjury which:
a. 
Certifies the address and date of birth of the person; and
b. 
Confirms that the person wants to receive delivery sales from a nicotine products company and understands that, under the laws of the state, the following actions are illegal:
(I) 
Signing another person’s name to the certification;
(II) 
Selling nicotine products to individuals who are not 21 years of age or older; and
(III) 
Purchasing nicotine products, if the person making the purchase is not 21 years of age or older.
(b) 
Makes a good faith effort to verify the information contained in the certification provided by the individual under paragraph (a) against a commercially available database that may be reasonably relied upon for accurate age information or obtains a photocopy or other image of a valid government-issued identification card stating the date of birth or age of the individual.
(c) 
Provides to the individual, via electronic mail or other means, a notice meeting the requirements of subsection (4).
(d) 
If an order for nicotine products is made pursuant to an advertisement on the Internet, receives payment for the delivery sale from the consumer by a credit or debit card issued in the name of the consumer, or by personal or company check of the consumer.
(e) 
Submits, to each credit card acquiring company with which the person has credit card sales, identification information in an appropriate form and format so that the words "nicotine product" may be printed in the purchaser’s credit card statement when a purchase of a nicotine product is made by credit card payment.
(f) 
Makes a telephone call after 5 p.m. to the purchaser confirming the order before shipping the nicotine products. The telephone call may be a person-to-person call or a recorded message. The person accepting the order for delivery sale is not required to speak directly with a person and may leave a message on an answering machine or through voice mail.
In addition to the requirements of this subsection, a person accepting an order for a delivery sale may request that a consumer provide an electronic mail address.
(4) 
The notice described in paragraph (3)(c) must include prominent and clearly legible statements that sales of nicotine products are:
(a) 
Illegal if made to individuals who are not 21 years of age or older.
(b) 
Restricted to those individuals who provide verifiable proof of age in accordance with subsection (3).
(5) 
Each person who mails, ships, or otherwise delivers nicotine products in connection with an order for a delivery sale must:
(a) 
Include as part of the shipping documents, in a clear and conspicuous manner, the following statement: "Nicotine Products: Florida law prohibits shipping to individuals under 21 years of age."
(b) 
Use a method of mailing, shipping, or delivery which obligates the delivery service to require:
1. 
The individual submitting the order for the delivery sale or another person 21 years of age or older who resides at the individual’s address to sign his or her name to accept delivery of the shipping container. Proof of the legal minimum purchase age of the individual accepting delivery is required only if the individual appears to be under 30 years of age.
2. 
Proof that the individual is either the addressee or the individual who is 21 years of age or older designated by the addressee, in the form of a valid, government-issued identification card bearing a photograph of the individual who signs to accept delivery of the shipping container.
If the person accepting a purchase order for a delivery sale delivers the nicotine products without using a delivery service, the person must comply with all of the requirements of this section which apply to a delivery service. Any failure to comply with a requirement of this section constitutes a violation thereof.
(6) 
This section does not apply to delivery sales of nicotine products to a retail nicotine products dealer or a retail tobacco products dealer, as defined in s. 569.002.
(7) 
An individual 21 years of age or older who knowingly violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(8) 
The Attorney General, the Attorney General's designee, or a state attorney may bring an action in the appropriate court in the state to prevent or restrain violations of this section by any person.
History.
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s. 34, ch. 2021-14.