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

Instrument

Foreign adversary product; prohibition; requirements for retailers, wholesalers and manufacturers (nicotine cap)

Source

https://iga.in.gov/ic/2026/Title_7.1.pdf

Retrieved

2026-11-06

Fingerprint

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IC 7.1-7-2-12.5          "Foreign adversary product"
   Sec. 12.5. (a) "Foreign adversary product" means an:
       (1) e-liquid;
       (2) e-liquid containing an ingredient; or
       (3) e-liquid product;
that is manufactured by, sourced from, or otherwise imported from a nation listed as a foreign
adversary in 15 CFR 791.4.
   (b) The term does not include the following:
       (1) A vapor device, including a part to be utilized in an open or closed system to
       convert e-liquid to a vapor for inhalation.
       (2) E-liquid or an e-liquid product that is manufactured by, sourced from, or otherwise
       imported from a nation listed as a foreign adversary in 15 CFR 791.4, if the e-liquid or
       e-liquid product:
          (A) has been approved or authorized by the federal Food and Drug Administration;
          or
          (B) is pending review by the federal Food and Drug Administration under 21 U.S.C.
          387j.
As added by P.L.148-2026, SEC.15.

IC 7.1-7-4-8          Prohibitions on a foreign adversary product
   Sec. 8. (a) A manufacturer that is permitted or required to be permitted under this chapter
may not manufacture, source, possess, sell, or otherwise distribute a foreign adversary
product.
   (b) A retailer that holds or is required to hold a tobacco sales certificate under
IC 7.1-3-18.5-1 may not possess, sell, or otherwise distribute a foreign adversary product.
   (c) A wholesaler that holds or is required to hold a wholesale tobacco sales certificate
under IC 7.1-3-18.5-1.5 may not possess, sell, or otherwise distribute a foreign adversary
product.
As added by P.L.148-2026, SEC.27.

IC 7.1-7-5-1.1            Requirements for retailers, wholesalers, and manufacturers
    Sec. 1.1. (a) A retailer must have a valid sales certificate issued by the commission in
accordance with IC 7.1-3-18.5-1 that contains a separate box to check for identifying a
retailer that sells e-liquids or e-liquid products.
    (b) A retailer may purchase e-liquid or an e-liquid product only from an Indiana
manufacturing permit holder or an Indiana wholesaler permit holder.
    (c) A retailer shall retain all invoices for e-liquid and e-liquid products that the retailer
purchases for two (2) years.
    (d) A retailer shall not allow the self-service sale for individuals purchasing an e-liquid
or e-liquid product.
    (e) A retailer may not sell an e-liquid or e-liquid product that contains more than
seventy-five (75) milligrams per milliliter of nicotine.
    (f) A manufacturer must have a manufacturing permit issued under IC 7.1-7-4.
    (g) A wholesaler that does not have a valid manufacturing permit issued under IC 7.1-7-4
must have a valid wholesale tobacco sales certificate issued under IC 7.1-3-18.5-1.5.
    (h) A wholesaler shall purchase and distribute e-liquid or e-liquid products from an:
       (1) Indiana manufacturer that has a valid manufacturing permit under IC 7.1-7-4; or
       (2) Indiana wholesaler that has a valid:
          (A) manufacturing permit issued under IC 7.1-7-4; or
          (B) wholesale tobacco sales certificate under IC 7.1-3-18.5-1.5.
    (i) A wholesaler shall retain all invoices to a retailer or from a manufacturer for at least
two (2) years.
    (j) A manufacturer, wholesaler, or retailer may not market e-liquid or an e-liquid product
as a modified risk tobacco product, as defined by IC 7.1-7-2-17.5, that has not been
designated as a modified risk tobacco product by the federal Food and Drug Administration.
    (k) Except as provided in subsection (m), a manufacturer permitted or required to be
permitted under IC 7.1-7-4 shall annually submit a report to the commission setting forth:
       (1) each new product that the manufacturer is producing and is sold in Indiana with a
       list of the contents and ingredients by volume; and
       (2) whether the manufacturer has stopped producing products previously produced and
       sold in Indiana.
A report under this subsection is confidential, and the commission may not disclose it to
another person.
    (l) A manufacturer permitted or required to be permitted under IC 7.1-7-4 shall annually
submit a report to the commission setting forth:
       (1) the milligrams per milliliter of nicotine in each product the manufacturer produces;
       and
       (2) the milliliters of each product sold that current year.
A report under this subsection is confidential, and the commission may not disclose it to
another person.
    (m) A manufacturer is not required to submit a report described in subsection (k) if the
manufacturer submits to the commission a certification, by October 1 of each year, that each
of the manufacturer’s e-liquid or e-liquid products sold in Indiana have been filed with the
federal Food and Drug Administration.