Are Nicotine Vapes (e-cigarettes) Legal in Arkansas? (2026)

Instrument

Child-resistant packaging; advertising prohibitions

Source

https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT590.pdf

Retrieved

2026-11-06

Fingerprint

d14e562e3e6ef308

Ark. Code Sec. 20-65-102 to 20-65-104 (Act 590 of 2025, Sec. 5)

20-65-102.     Safety inspections — Child-resistant packaging.
10        (a)   To ensure that the citizens of this state receive only tobacco
11   products, vapor products, alternative nicotine products, or e-liquid products
12   that are fresh, uncontaminated, unadulterated, and otherwise free of
13   substances that might cause harm to public health and safety, and to ensure
14   the safety of Arkansas youth, the Director of Arkansas Tobacco Control may:
15              (1)    Inspect or cause to be inspected any tobacco products, vapor
16   product, alternative nicotine product, or e-liquid container in places of
17   storage or distribution authorized under state law;
18              (2)    In addition to any authorization or remedy under law,
19   require any tobacco products, vapor products, alternative nicotine products,
20   or e-liquid containers found to be contaminated, adulterated, damaged, or not
21   fresh be removed from stock and be either returned to the proper wholesaler
22   or manufacturer for disposal according to law or delivered to the director
23   for destruction or disposal;
24              (3)    Prescribe any form, application, certificate, or other
25   documentation or record to be used in the administration and enforcement of
26   this chapter; and
27              (4)    Promulgate rules necessary to implement and effectuate the
28   purposes of this chapter.
29        (b)   All alternative nicotine products and e-liquids sold at retail in
30   this state shall be sold in child-resistant packaging.
31
32        20-65-103.     Prohibition on use in certain settings.
33        It is a violation of this chapter for any person to use a tobacco
34   product, vapor product, alternative nicotine product, or e-liquid product in
35   or on the grounds of any school, childcare facility, or healthcare facility.
36

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 1        20-65-104.     Advertising prohibitions for vapor product, alternative
 2   nicotine product, e-liquid product, or e-liquid container.
 3        A person may not advertise, market, or offer for sale in this state any
 4   tobacco products, vapor products, alternative nicotine products, e-liquid
 5   products, or e-liquid containers by using, in the labeling or design of the
 6   product, its packaging, or its advertising or marketing materials, trade
 7   dress, trademarks, branding, or other related imagery that:
 8              (1)    Imitates or replicates those of food brands or other related
 9   products that are commonly marketed to children or minors, including without
10   limitation breakfast cereals, cookies, juice drinks, soft drinks, frozen
11   drinks, ice creams, sorbets, sherbets, and frozen pops;
12              (2)    Depicts or signifies characters or symbols that are known to
13   a reasonable person to appeal primarily to or are commonly associated with
14   children or minors, including without limitation superheroes, cartoons or
15   cartoon characters, anime characters, comic book characters, video game
16   characters, television show characters, movie characters, mythical creatures,
17   or unicorns, or that otherwise incorporates related imagery or scenery; or
18              (3)    Uses the terms “candy”, “candies”, "cake", “cakes”, “pies”,
19   or “cupcakes” or any variant of these terms when that variant term is used in
20   a manner to market to children or minors or known to a reasonable person to
21   appeal primarily to children or minors, or any other term referencing a type
22   or brand of candy, cakes, pastries, or pies, including types or brands of
23   candies, cakes, pastries, or pies that do not include the words “candy”,
24   “candies”, "cake", “cakes”, “pies”, or “cupcakes” in their names, labels, or
25   slogans.

Instrument

Manufacturer directory for vapor products and e-liquid products

Source

https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT590.pdf

Retrieved

2026-11-06

Fingerprint

efa794d5c0916ebb

Ark. Code Sec. 20-65-201 to 20-65-204(b) (Act 590 of 2025, Sec. 5)

Subchapter 2 — Manufacturer Directory for Vapor Products and E-liquid
 7                                              Products
 8
 9         20-65-201.       Definitions.
10         As used in this subchapter:
11                 (1)(A)     "E-liquid" and "e-liquid product" means a liquid product
12   containing nicotine from any source that is inhaled when using a vapor
13   product, and that may or may not include without limitation propylene glycol,
14   vegetable glycerin, and flavorings.
15                          (B)     "E-liquid" and "e-liquid product" does not include a
16   product that is a nicotine solution sold in a container without a battery or
17   atomizer and that is intended to be refillable or that otherwise makes the
18   nicotine solution accessible to the consumer through customary or reasonably
19   foreseeable handling or use; and
20                 (2)(A)     "Vapor product" means an electronic oral device of any
21   size or shape that contains a vapor of nicotine or e-liquid that when used or
22   inhaled simulates smoking, regardless of whether a visible vapor is produced,
23   including without limitation a device that:
24                          (i)     Is composed of a heating element, battery, electronic
25   circuit, chemical process, mechanical device, or a combination of heating
26   element, battery, electronic circuit, chemical process, or mechanical device;
27                          (ii)     Works in combination with a cartridge, other
28   container, or liquid delivery device containing nicotine from any source or
29   e-liquid and manufactured for use with vapor products; and
30                          (iii)     Is manufactured, distributed, marketed, or sold as
31   any type or derivation of a vapor product, e-cigarette containing nicotine
32   from any source, e-cigar containing nicotine from any source, e-pipe
33   containing nicotine from any source, or any other vapor product name or
34   descriptor.
35                          (B)     "Vapor product" does not include:
36                                   (i)   A device that:

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 1                                    (a)   Uses removable batteries;
 2                                    (b)   Is sold without e-liquid; and
 3                                    (c)   Is designed to utilized e-liquid in a
 4   refillable container; or
 5                             (ii)   A product regulated as a drug or device by the
 6   Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed
 7   on January 1, 2015.
 8
 9        20-65-202.    Establishment.
10        (a)   The Director of Arkansas Tobacco Control shall develop and
11   maintain a directory listing all manufacturers that have provided
12   certifications that comply with this subchapter and each vapor product and e-
13   liquid product that is listed in those certifications.
14        (b)   The director shall:
15              (1)    Make the directory available for public inspection on
16   Arkansas Tobacco Control’s website by November 1, 2025; and
17              (2)    Update the directory to correct mistakes and add or remove
18   manufacturers of a vapor product or e-liquid product consistent with the
19   requirements of this section on a monthly basis.
20        (c)   A person or entity is deemed to have received notice as required
21   under subsection (d) of this section that a vapor product or e-liquid product
22   of a manufacturer is not included in the directory maintained by Arkansas
23   Tobacco Control under this section at the time Arkansas Tobacco Control’s
24   website fails to list any vapor product or e-liquid product in the directory
25   or at the time the director removes the vapor product or e-liquid product
26   from the directory.
27        (d)(1)(A)    The director may not remove the manufacturer or its vapor
28   product or e-liquid product from the directory until at least fifteen (15)
29   days after the manufacturer has been given notice of an intended action.
30                      (B)   Notice shall be sufficient and be deemed immediately
31   received by a manufacturer if the notice is sent either electronically or by
32   facsimile to an email address or facsimile number, as the case may be,
33   provided by the manufacturer in the manufacturer’s most recent certification
34   filed under this subchapter.
35              (2)    The vapor product or e-liquid product manufacturer shall
36   have fifteen (15) days from the date of service of the notice of the

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 1   director’s intended action to establish that the vapor product or e-liquid
 2   product manufacturer or its vapor product or e-liquid product should be
 3   included in the directory.
 4                     (3)    If after fifteen (15) days from the date of service of the
 5   notice of the director’s intended action the manufacturer of the vapor
 6   product or e-liquid products remains in noncompliance, and the manufacturer
 7   has not requested a hearing before the Arkansas Tobacco Control Board within
 8   fifteen (15) days of notice of the director’s intended action, the
 9   manufacturer and its vapor product or e-liquid product shall be removed from
10   the directory.
11                     (4)    Every manufacturer shall provide and update as necessary an
12   email address to the director for the purpose of receiving any notifications
13   required by this subchapter.
14            (e)(1)     Beginning September 1, 2025, a vapor product or e-liquid
15   product shall not be offered for sale in this state or sold to a person
16   located in this state unless the manufacturer certifies before that date, on
17   a form prescribed by the director, under penalty of perjury, that:
18                             (A)   The vapor product or e-liquid product was on the
19   market in the United States as of August 8, 2016, and the manufacturer has
20   applied for a marketing order under 21 U.S.C. § 387j for the vapor product or
21   e-liquid product, whichever is applicable, by submitting a premarket tobacco
22   product application on or before September 9, 2020, and either:
23                                    (i)    The premarket tobacco application for the vapor
24   product, alternative nicotine product, or e-liquid product remains under
25   review by the United States Food and Drug Administration; or
26                                    (ii)   The United States Food and Drug Administration
27   has issued a marketing denial order for the vapor product or e-liquid
28   product, whichever is applicable, but the United States Food and Drug
29   Administration or a federal court has issued a stay order or injunction
30   during the pendency of the manufacturer’s appeal of the marketing denial
31   order;
32                             (B)   The manufacturer has received a marketing granted
33   order under 21 U.S.C. § 387j for the vapor product or e-liquid product from
34   the United States Food and Drug Administration; or
35                             (C)   The manufacturer is not required to submit an
36   additional marketing granted order or premarket tobacco product application

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 1   for the vapor product or e-liquid product because the vapor product or e-
 2   liquid product merely reflects changes to the name, brand family, or
 3   packaging of a vapor product or e-liquid product that is covered under
 4   subdivision (e)(1)(A) or (e)(1)(B) of this section.
 5               (2)    In addition to the requirements in subdivision (e)(1) of
 6   this section, each manufacturer shall provide to Arkansas Tobacco Control a
 7   copy of the cover page of the:
 8                        (A)   Premarket tobacco application with evidence of receipt
 9   of the application by the United States Food and Drug Administration;
10                        (B)   Document issued by the United States Food and Drug
11   Administration or by a court confirming that the premarket tobacco product
12   application has received a marketing denial order that has been and remains
13   stayed by the United States Food and Drug Administration or court order,
14   rescinded by the United States Food and Drug Administration, or vacated by a
15   court; or
16                        (C)   Marketing granted order issued under 21 U.S.C. § 387j.
17               (3)(A)     The information submitted by the manufacturer under
18   subdivision (e)(2) of this section shall be considered confidential
19   commercial or financial information for purposes of the Freedom of
20   Information Act of 1967, § 25-19-101 et seq.
21                        (B)   The manufacturer may redact certain confidential
22   commercial or financial information provided under subdivision (e)(2) of this
23   section.
24                        (C)   The director shall not disclose confidential
25   commercial or financial information except as required or authorized by law.
26
27        20-65-203.      Material change to certification.
28        A manufacturer shall notify the Director of Arkansas Tobacco Control
29   within thirty (30) days of any material change to the information provided in
30   § 20-65-202, including issuance by the United States Food and Drug
31   Administration of:
32               (1)    A marketing granted order issued under 21 U.S.C. § 387j;
33               (2)    An order requiring a manufacturer to remove a vapor product
34   or e-liquid product from the market either temporarily or permanently;
35               (3)    Any notice of action taken by the United States Food and
36   Drug Administration affecting the ability of the new vapor product or e-

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 1   liquid product to be introduced or delivered into interstate commerce for
 2   commercial distribution; or
 3                 (4)    Any change in policy that results in a vapor product or e-
 4   liquid product no longer being exempt from oversight of the United States
 5   Food and Drug Administration.
 6
 7        20-65-204.       Fees — Violations.
 8        (a)(1)     Each certifying manufacturer shall pay an initial fee of five
 9   hundred dollars ($500) for each brand family of vapor products or e-liquid
10   products to offset the costs incurred by Arkansas Tobacco Control for
11   processing the certifications and operating the directory under § 20-65-202.
12                 (2)    The Director of Arkansas Tobacco Control shall collect an
13   annual fee of two hundred fifty dollars ($250) for each brand family of vapor
14   products or e-liquid products to offset the costs associated with maintaining
15   the directory and satisfying the requirements of this subchapter.
16                 (3)    Any certification fees collected under this section shall be
17   deposited into the Arkansas Tobacco Control Revenue Fund established under §
18   19-6-831.
19        (b)(1)     If a manufacturer can demonstrate to the director that the
20   United States Food and Drug Administration has issued a rule, guidance, or
21   any other formal statement that temporarily exempts a vapor product or e-
22   liquid product from the federal premarket tobacco application requirements,
23   the vapor product or e-liquid product may be added to the directory upon
24   request by the manufacturer if the manufacturer provides sufficient evidence
25   that the vapor product or e-liquid product is compliant with the federal
26   rule, guidance, or other formal statement, as applicable.
27                 (2)    On and after November 1, 2025, or on the date that Arkansas
28   Tobacco Control first makes the directory available for public inspection on
29   its website as provided in § 20-65-202, whichever is later, a manufacturer
30   who offers for sale a vapor product or e-liquid product that is not listed on
31   the directory is subject to a civil penalty of one thousand dollars ($1,000)
32   for each vapor product or e-liquid product offered for sale in violation of §
33   20-65-202 until the vapor product or e-liquid product is removed from the
34   market or properly listed on the directory.
35                 (3)    In addition to any penalty prescribed by law, a corporation,
36   partnership, sole proprietor, limited partnership, or association engaged in

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 1   the manufacture of vapor products or e-liquid products that knowingly makes a
 2   false certification under this subchapter is subject to a civil penalty of
 3   not less than seventy-five thousand dollars ($75,000) but not more than two
 4   hundred fifty thousand dollars ($250,000) for each false certification.
 5                 (4)    A repeated violation of this section shall constitute a
 6   deceptive trade practice under § 4-88-101 et seq.
 7                 (5)    Beginning on November 1, 2025, or on the date that Arkansas
 8   Tobacco Control first makes the directory available for public inspection on
 9   its website under this subchapter, whichever is later, and subject to
10   subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person
11   or entity to sell, offer, or possess in this state, or import for personal
12   consumption in this state, a vapor product or an e-liquid product that the
13   person or entity knows is not included in the directory maintained by the
14   director under this subchapter.
15                 (6)    A person or entity is deemed to have received notice that a
16   manufacturer is not included in the directory maintained by Arkansas Tobacco
17   Control at the time Arkansas Tobacco Control’s website fails to list any
18   manufacturer in the directory or at the time the director removes the
19   manufacturer from the directory.
20                 (7)    If a vapor product or e-liquid product or a manufacturer of
21   a vapor product or e-liquid product is removed from the directory established
22   and maintained by the director under § 20-65-202, each wholesaler shall have
23   sixty (60) days from the date the vapor product or e-liquid product is
24   removed from the directory to remove any vapor product or e-liquid product
25   from the wholesaler’s inventory and physical location where the wholesaler
26   takes orders for, receives orders for, or sells the vapor product or e-liquid
27   product.
28                 (8)    If a vapor product or e-liquid product or a manufacturer of
29   a vapor product or e-liquid product is removed from the directory established
30   and maintained by the director under § 20-65-202, each retailer shall have
31   one hundred twenty (120) days from the date any vapor product or e-liquid
32   product is removed from the directory to sell or remove the vapor product or
33   e-liquid product from the retailer’s inventory and permitted location.