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

Instrument

Alternative nicotine product definition; directory; age 21

Source

https://www.legis.la.gov/Legis/Law.aspx?d=1388926

Retrieved

2026-11-06

Fingerprint

26fc79b1efb32f9a

R.S. 26:901(1)
(1)  “Alternative nicotine product” means any non-combustible product containing
nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or
ingested by any other means.  “Alternative nicotine product” does not include any of the
following:

            
(a)  Tobacco product.

            
(b)  Vapor product.

            
(c)  Product that is a drug pursuant to 21 U.S.C. 321(g)(1).

            
(d)  Device pursuant to 21 U.S.C. 321(h).

            
(e)  Combination product described in 21 U.S.C. 353(g).

R.S. 26:926.1 (A) to (I)
A.  Every vapor product manufacturer whose products are sold in this state, whether
directly or through a wholesale dealer, retail dealer, or similar intermediary or intermediaries,
shall execute and deliver on a form prescribed by the commissioner a certification to the
commissioner affirming, under penalty of perjury, either of the following:

            
(1)  The product was on the market in the United States as of August 8, 2016, and the
manufacturer has applied for a marketing order pursuant to 21 U.S.C. 387j for the vapor
product or alternative nicotine product by submitting a premarket tobacco product
application on or before September 9, 2020, to the United States Food and Drug
Administration, hereinafter referred to in this Section as "FDA", and either of the following
is true:

            
(a)  The premarket tobacco product application for the vapor product remains under
review by the FDA.

            
(b)  The FDA has issued a no marketing order for the vapor product, but the agency
or a federal court has issued a stay order or injunction during the pendency of the
manufacturer’s appeal of the no marketing order, or the order has been appealed either to the
FDA or a challenge to the order filed with a federal court and the appeal or challenge is still
pending.

            
(2)  The manufacturer has received a marketing order or other authorization under 21
U.S.C. 387j for the vapor product from the FDA.

            
B.  Every alternative nicotine product manufacturer whose products are sold in this
state, whether directly or through a wholesale dealer, retail dealer, or similar intermediary
or intermediaries, shall execute and deliver on a form prescribed by the commissioner a
certification to the commissioner affirming, under penalty of perjury, either of the following:

            
(1)  The product was on the market in the United States as of April 14, 2022, and the
manufacturer has applied for a marketing order pursuant to 21 U.S.C. 387j for the vapor
product or alternative nicotine product by submitting a premarket tobacco product
application on or before May 14, 2022, to the FDA, and either of the following is true:

            
(a)  The premarket tobacco product application for the alternative nicotine product
remains under review by the FDA.

            
(b)  The FDA has issued a no marketing order for the alternative nicotine product, but
the agency or a federal court has issued a stay order or injunction during the pendency of the
manufacturer’s appeal of the no marketing order, or the order has been appealed either to the
FDA or a challenge to the order filed with a federal court and the appeal or challenge is still
pending.

            
(2)  The manufacturer has received a marketing order or other authorization under 21
U.S.C. 387j for the alternative nicotine product from the FDA.

            
C.  In addition to the requirements of Subsections A and B of this Section, each
manufacturer shall provide a copy of the cover page of the premarket tobacco application
with evidence of receipt of the application by the FDA or a copy of the cover page of the
marketing order or other authorization issued pursuant to 21 U.S.C. 387j, whichever is
applicable.

            
D.  Any manufacturer submitting a certification pursuant to Subsection A or B of this
Section shall notify the commissioner within thirty days of any material change to the
certification, including issuance by the FDA of any of the following:

            
(1)  A market order or other authorization pursuant to 21 U.S.C. 387j.

            
(2)  An order requiring a manufacturer to remove a product from the market either
temporarily or permanently.

            
(3)  Any notice of action taken by the FDA affecting the ability of the new product
to be introduced or delivered into interstate commerce for commercial distribution.

            
(4)  Any change in policy that results in a product no longer being exempt from
federal enforcement oversight.

            
E.  The commissioner shall develop and maintain a directory listing all vapor product
manufacturers and alternative nicotine product manufacturers that have provided
certifications that comply with Subsections A and B of this Section and all products that are
listed in those certifications.

            
F.  The commissioner shall do all of the following:

            
(1)  Make the directory available for public inspection on the public website of the
office of alcohol and tobacco control.

            
(2)  Update the directory as necessary in order to correct mistakes and to add or
remove vapor product manufacturers and alternative nicotine product manufacturers or
products manufactured by those manufacturers.

            
(3)  Send monthly notifications to each wholesale dealer, retail dealer, and
manufacturer of vapor products and manufacturer of alternative nicotine products that has
qualified or registered with the commissioner, by electronic communication, containing a list
of all changes that have been made to the directory in the previous month.  In lieu of sending
monthly notifications, the commissioner may make the information available in a prominent
place on the public website of the office of alcohol and tobacco control.

            
G.  Notwithstanding Subsections A and B of this Section, if a vapor product
manufacturer or alternative nicotine product manufacturer can demonstrate to the
commissioner that the FDA has issued a rule, guidance, or any other formal statement that
temporarily exempts a vapor product or alternative nicotine product from the federal
premarket tobacco application requirements, the vapor product or alternative product may
be added to the directory upon request by the manufacturer if the manufacturer provides
sufficient evidence that the vapor product or alternative nicotine product is compliant with
the federal rule, guidance, or other formal statement, as applicable.

            
H.  Each certifying vapor product manufacturer or alternative nicotine product
manufacturer shall pay an initial fee of one hundred dollars per product stock keeping unit
or SKU to offset the costs incurred by the commissioner for processing the certifications and
operating the directory.  The commissioner shall collect an annual renewal fee of one
hundred dollars per product stock keeping unit or SKU to offset the costs associated with
maintaining the directory and satisfying the requirements of this Section.  The fees received
pursuant to this Section by the commissioner shall be used by the office of alcohol and
tobacco control exclusively for processing the certifications and operating and maintaining
the directory.

            
I.  Beginning on the date that the commissioner makes the directory available for
public inspection on the public website of the office of alcohol and tobacco control as
provided in Subsection F of this Section, a vapor product manufacturer or alternative nicotine
product manufacturer who offers for sale a vapor product or alternative nicotine product not
listed on the directory is subject to a one thousand dollar daily fine for each vapor product
or alternative nicotine product offered for sale in violation of this Section until the offending
product is removed from the market or until the offending product is properly listed on the
directory.

R.S. 26:926.1(J) as shown on the official code page (Act 920 of 2026 amended the penalty clause, eff. 2026-08-01)
J.(1)  The sale, possession, or transportation of vapor products or alternative nicotine
products not listed on the directory by any person, including a permitted wholesale dealer or
retail dealer, shall be subject to provisions of R.S. 47:858, 859, and 860 as if such wholesale
dealer or retail dealer did not possess a valid permit.

            
(2)  Each unit of vapor product or alternative nicotine product sold or offered for sale,
possessed, or transported shall constitute a separate violation for purposes of Paragraph (1)
of this Subsection.

R.S. 14:91.8(C)
C.  It is unlawful for any manufacturer, distributor, retailer, or other person to sell or
distribute any tobacco product, alternative nicotine product, or vapor product to a person
under the age of twenty-one.  However, it shall not be unlawful for a person under the age
of twenty-one to accept receipt of a tobacco product, alternative nicotine product, or vapor
product from an employer when required in the performance of such person’s duties.  At the
point of sale, a sign, in not less than thirty-point type, shall be displayed in a manner
conspicuous to both employees and consumers, within any location where tobacco products,
alterative nicotine products, vapor products, or vapor paraphernalia and devices are available
for purchase, that reads "LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO
PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS,
VAPOR PARAPHERNALIA AND DEVICES TO PERSONS UNDER AGE 21".  The sign
shall also include a notice that displays the telephone number for the Louisiana Tobacco
Quitline (1-800-QUIT-NOW) and the website for the Louisiana Tobacco Quitline
(www.quitwithusla.org), as determined by the Louisiana Department of Health.

Instrument

Vapor product definition; directory; three-tier system and direct-shipping bar

Source

https://www.legis.la.gov/Legis/Law.aspx?d=1388926

Retrieved

2026-11-06

Fingerprint

d07e4a53c6661fc0

R.S. 26:901(32)
(32)  "Vapor product" means any non combustible product containing nicotine or
other substances that employs a heating element, power source, electronic circuit, or other
electronic, chemical or mechanical means, regardless of shape or size, that can be used to
produce vapor from nicotine or other substances.  "Vapor product" includes any electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device
and any vapor cartridge or other container of nicotine in a solution or other form that is
intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device.  "Vapor product" does not include any of the
following:

R.S. 26:926.1 (A) to (I)
A.  Every vapor product manufacturer whose products are sold in this state, whether
directly or through a wholesale dealer, retail dealer, or similar intermediary or intermediaries,
shall execute and deliver on a form prescribed by the commissioner a certification to the
commissioner affirming, under penalty of perjury, either of the following:

            
(1)  The product was on the market in the United States as of August 8, 2016, and the
manufacturer has applied for a marketing order pursuant to 21 U.S.C. 387j for the vapor
product or alternative nicotine product by submitting a premarket tobacco product
application on or before September 9, 2020, to the United States Food and Drug
Administration, hereinafter referred to in this Section as "FDA", and either of the following
is true:

            
(a)  The premarket tobacco product application for the vapor product remains under
review by the FDA.

            
(b)  The FDA has issued a no marketing order for the vapor product, but the agency
or a federal court has issued a stay order or injunction during the pendency of the
manufacturer’s appeal of the no marketing order, or the order has been appealed either to the
FDA or a challenge to the order filed with a federal court and the appeal or challenge is still
pending.

            
(2)  The manufacturer has received a marketing order or other authorization under 21
U.S.C. 387j for the vapor product from the FDA.

            
B.  Every alternative nicotine product manufacturer whose products are sold in this
state, whether directly or through a wholesale dealer, retail dealer, or similar intermediary
or intermediaries, shall execute and deliver on a form prescribed by the commissioner a
certification to the commissioner affirming, under penalty of perjury, either of the following:

            
(1)  The product was on the market in the United States as of April 14, 2022, and the
manufacturer has applied for a marketing order pursuant to 21 U.S.C. 387j for the vapor
product or alternative nicotine product by submitting a premarket tobacco product
application on or before May 14, 2022, to the FDA, and either of the following is true:

            
(a)  The premarket tobacco product application for the alternative nicotine product
remains under review by the FDA.

            
(b)  The FDA has issued a no marketing order for the alternative nicotine product, but
the agency or a federal court has issued a stay order or injunction during the pendency of the
manufacturer’s appeal of the no marketing order, or the order has been appealed either to the
FDA or a challenge to the order filed with a federal court and the appeal or challenge is still
pending.

            
(2)  The manufacturer has received a marketing order or other authorization under 21
U.S.C. 387j for the alternative nicotine product from the FDA.

            
C.  In addition to the requirements of Subsections A and B of this Section, each
manufacturer shall provide a copy of the cover page of the premarket tobacco application
with evidence of receipt of the application by the FDA or a copy of the cover page of the
marketing order or other authorization issued pursuant to 21 U.S.C. 387j, whichever is
applicable.

            
D.  Any manufacturer submitting a certification pursuant to Subsection A or B of this
Section shall notify the commissioner within thirty days of any material change to the
certification, including issuance by the FDA of any of the following:

            
(1)  A market order or other authorization pursuant to 21 U.S.C. 387j.

            
(2)  An order requiring a manufacturer to remove a product from the market either
temporarily or permanently.

            
(3)  Any notice of action taken by the FDA affecting the ability of the new product
to be introduced or delivered into interstate commerce for commercial distribution.

            
(4)  Any change in policy that results in a product no longer being exempt from
federal enforcement oversight.

            
E.  The commissioner shall develop and maintain a directory listing all vapor product
manufacturers and alternative nicotine product manufacturers that have provided
certifications that comply with Subsections A and B of this Section and all products that are
listed in those certifications.

            
F.  The commissioner shall do all of the following:

            
(1)  Make the directory available for public inspection on the public website of the
office of alcohol and tobacco control.

            
(2)  Update the directory as necessary in order to correct mistakes and to add or
remove vapor product manufacturers and alternative nicotine product manufacturers or
products manufactured by those manufacturers.

            
(3)  Send monthly notifications to each wholesale dealer, retail dealer, and
manufacturer of vapor products and manufacturer of alternative nicotine products that has
qualified or registered with the commissioner, by electronic communication, containing a list
of all changes that have been made to the directory in the previous month.  In lieu of sending
monthly notifications, the commissioner may make the information available in a prominent
place on the public website of the office of alcohol and tobacco control.

            
G.  Notwithstanding Subsections A and B of this Section, if a vapor product
manufacturer or alternative nicotine product manufacturer can demonstrate to the
commissioner that the FDA has issued a rule, guidance, or any other formal statement that
temporarily exempts a vapor product or alternative nicotine product from the federal
premarket tobacco application requirements, the vapor product or alternative product may
be added to the directory upon request by the manufacturer if the manufacturer provides
sufficient evidence that the vapor product or alternative nicotine product is compliant with
the federal rule, guidance, or other formal statement, as applicable.

            
H.  Each certifying vapor product manufacturer or alternative nicotine product
manufacturer shall pay an initial fee of one hundred dollars per product stock keeping unit
or SKU to offset the costs incurred by the commissioner for processing the certifications and
operating the directory.  The commissioner shall collect an annual renewal fee of one
hundred dollars per product stock keeping unit or SKU to offset the costs associated with
maintaining the directory and satisfying the requirements of this Section.  The fees received
pursuant to this Section by the commissioner shall be used by the office of alcohol and
tobacco control exclusively for processing the certifications and operating and maintaining
the directory.

            
I.  Beginning on the date that the commissioner makes the directory available for
public inspection on the public website of the office of alcohol and tobacco control as
provided in Subsection F of this Section, a vapor product manufacturer or alternative nicotine
product manufacturer who offers for sale a vapor product or alternative nicotine product not
listed on the directory is subject to a one thousand dollar daily fine for each vapor product
or alternative nicotine product offered for sale in violation of this Section until the offending
product is removed from the market or until the offending product is properly listed on the
directory.

R.S. 26:926.1(J) as shown on the official code page (Act 920 of 2026 amended the penalty clause, eff. 2026-08-01)
J.(1)  The sale, possession, or transportation of vapor products or alternative nicotine
products not listed on the directory by any person, including a permitted wholesale dealer or
retail dealer, shall be subject to provisions of R.S. 47:858, 859, and 860 as if such wholesale
dealer or retail dealer did not possess a valid permit.

            
(2)  Each unit of vapor product or alternative nicotine product sold or offered for sale,
possessed, or transported shall constitute a separate violation for purposes of Paragraph (1)
of this Subsection.

R.S. 26:914.1(A)(1), enacted by Act 920 of 2026 (text from the enrolled Act, with printed line numbers)
§914.1. Three-tier system for vapor products

12                  A.(1) A manufacturer of vapor products with a Louisiana permit shall not do

13          any of the following:

14                  (a) Hold a retail dealer permit issued pursuant to this Chapter for the purpose

15          of selling vapor products to Louisiana consumers.

16                  (b) Hold a wholesale dealer permit issued pursuant to this Chapter for the

17          purpose of selling vapor products to Louisiana consumers.

18                  (c) Possess any direct or indirect financial interest in a wholesale or retail

19          dealer of vapor products with a Louisiana permit.

20                  (d) Ship vapor products directly to a retail dealer with a Louisiana permit.

21                  (e) Sell vapor products directly to a retail dealer with a Louisiana permit for

22          resale to Louisiana consumers.

23                  (f) Ship vapor products directly to a Louisiana consumer from an out-of-state

24          or in-state seller.

25