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State of the States: Tobacco & Alternative Regulatory Roundup — September 2026

NC vape-shop tax and 21+ verification, SC's first vape tax (Oct 1), VA/TN registries, and the FDA's latest authorizations
22 سبتمبر 2026 بواسطة
The regulatory ground under tobacco and alternative-products retail keeps shifting. Here is what changed recently in the states we serve — and what it means for your shop. This roundup is for general information only and is not legal or tax advice; confirm requirements with your state agency or counsel.

NCNorth Carolina

AT A GLANCE
  • $1,000 annual tax on vape shops (FY 2026–27 budget)
  • 21+ age verification now mandatory at purchase

The FY 2026–27 state budget brings two changes every vape-selling shop in NC should know about: a $1,000 annual tax on vape shops operating in the state, and a mandatory 21+ age-verification requirement at purchase. If your store already cards everyone, the new rule mostly formalizes what you do — but the annual tax is a new line item to budget for. NC has also been moving toward a certified-product registry model, so keep an eye on directory requirements for the vapor products you stock.

SCSouth Carolina

AT A GLANCE
  • First-ever vape tax: 5¢/mL on nicotine e-liquid — effective October 1, 2026
  • Heated tobacco: 28.5¢/pack (half the 57¢ cigarette rate)

Effective October 1, 2026, South Carolina taxes vapor products for the first time: 5¢ per milliliter on nicotine e-liquid. At the same time, heated-tobacco products get their own rate of 28.5¢ per pack — half the 57¢ cigarette rate. Retailers will need to track three separate nicotine tax categories going forward. If you sell into SC, review your pricing on e-liquid and heated-tobacco lines before October.

VAVirginia

AT A GLANCE
  • Vapor products must be on the state directory
  • Penalty: up to $1,000/day per unlisted product

Virginia's retail-directory regime is in full enforcement: vapor products sold in the Commonwealth must be listed on the state-monitored directory, and selling an unlisted product carries penalties of up to $1,000 per day per product until it is removed or registered. Before adding a new vapor SKU for Virginia customers, check the directory first.

TNTennessee

AT A GLANCE
  • Certified-product registry + proof-of-age at purchase
  • 7¢/mL tax on pre-filled pods and cartridges
  • Fines: $500 first violation, up to $10,000/product for manufacturers

Tennessee's vapor rules (effective July 2025) remain a compliance focus: a certified-product registry, proof-of-age at purchase, and a 7¢ per mL tax on pre-filled pods and cartridges. Penalties escalate quickly — $500 per unlisted product on a first violation, $750–$1,000 on a second within 12 months, and up to $10,000 per product for manufacturers. As in Virginia: check the directory before you stock.

USFederal / FDA

AT A GLANCE
  • Six On! Plus pouch products authorized (late 2025)
  • Glas G2 device + pod authorized March 2026 — 41 vapor products total
  • Draft guidance on flavored e-cigarette applications released

The FDA has picked up the pace on authorizations: six On! Plus nicotine-pouch products were authorized at the end of 2025, and in March 2026 the agency granted marketing orders for a Glas G2 device and pod — notably the first authorization for an independent vape company — bringing total authorized vapor products to 41. The FDA also released draft guidance on flavored e-cigarette applications, signaling a possible path for flavor authorizations now that youth tobacco use is at a 25-year low. Industry groups still caution that review timelines remain unpredictable, so treat any unauthorized product's status as subject to change.

WHAT THIS MEANS FOR YOUR ORDERS

Registry states (VA, TN — and watch NC) reward stocking authorized, directory-listed products, which is exactly what we prioritize in our catalog. If you have questions about how a listed change affects a product you buy from us, reach out to your Big Distro sales contact.

Sources: WRAL, Tobacco 21, SC Daily Gazette, ABC News 4, CSP Daily News (September 2026).