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

Instrument

Sales to persons under 21; other tobacco products tax

Source

https://capitol.tn.gov/Bills/114/Amend/SA0032.pdf

Retrieved

2026-11-06

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(d) A person engaged in the sale or distribution of tobacco, smoking hemp,

       vapor product, or smokeless nicotine product, or an employee thereof, shall not make or

       permit to be made any sales of tobacco, smoking hemp, vapor product, or smokeless

       nicotine product to a person under twenty-one (21) years of age.

(a) The rate on all other tobacco products, including, but not limited to, cigars,

       cheroots, stogies, beedies, bidis, manufactured tobacco, and snuff of all descriptions

       made of tobacco or any substitute for tobacco, but not on vapor products, is six and six-

       tenths percent (6.6%) of the wholesale cost price.

               (b) The rate on vapor products is ten percent (10%) of the wholesale cost price.

               (c) This section does not apply to smokeless nicotine products.

Instrument

Vapor product marketing to persons under 21; billboards; fines

Source

https://capitol.tn.gov/Bills/114/Amend/HA0436.pdf

Retrieved

2026-11-06

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SECTION 8. Tennessee Code Annotated, Title 67, Chapter 4, Part 10, is amended by

adding the following as a new section:

               (a) A retailer, distributor, wholesaler, or importer who sells or offers for sale a

       vapor product for retail sale in this state shall not:

                       (1) Advertise or market, including paraphernalia, to an individual who is

               under twenty-one (21) years of age, including:

                               (A) With names that resemble or imitate food or drink brands that

                       are marketed to children;

                               (B) With images or likenesses of toys, cartoons, or animated or

                       fictional characters, including Santa Claus, that are designed to appeal to

                       or encourage individuals who are under twenty-one (21) years of age to

                       consume vapor products;

                               (C) With images or visual representations of the consumption of

                       vapor products; or


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                              (D) In a medium that specifically appeals to individuals who are

                      under twenty-one (21) years of age such that the advertising has special

                      attractiveness to individuals who are under twenty-one (21) years of age

                      beyond general attractiveness for individuals who are at least twenty-one

                      (21) years of age.

              (b) A billboard advertisement under this section is prohibited within one

      thousand (1,000) radial feet of any childcare center, church, substance abuse recovery

      facility, public park, public playground, or public or private school that provides

      instruction to students in a preschool or kindergarten program or any of grades one (1)

      through twelve (12). A billboard advertisement under this subsection (b) has the same

      meaning as “outdoor advertising device” as defined in § 54-21-102.

              (c) A retailer, distributor, wholesaler, or importer who sells or offers for sale a

      vapor product for retail sale in this state that violates this section, on notification by the

      department, has thirty (30) days to comply with these requirements or will otherwise be

      subject to the civil penalties of a minimum of two thousand five hundred dollars ($2,500)

      and any disciplinary action prescribed in this section.

              (d) A retailer, distributor, wholesaler, or importer who sells or offers for sale a

      vapor product for retail sale in this state to anyone under twenty-one (21) years of age is

      subject to a fine of two thousand five hundred dollars ($2,500) for the first offense, and a

      fine of at least twenty thousand dollars ($20,000) and loss of licensure for any

      subsequent offense.

              (e) The alcoholic beverage commission has concurrent jurisdiction with the

      department of revenue to enforce violations of title 39, chapter 17, part 15. The

      commission may investigate such violations, conduct unannounced compliance checks,

      and arrest individuals based on probable cause of noncompliance.