Top Takeaways:
- In Arkansas, vapes must have FDA authorization—or be awaiting it or in legal appeal—to remain legal; otherwise, their sale is prohibited in the state.
- New packaging and advertising restrictions bar anything that might appeal to children—including designs featuring candy, cereal, cartoons, or characters.
- The law even bans personal possession of unapproved products, a rare and stringent measure in U.S. vaping legislation.
Arkansas will begin enforcing one of the toughest state vaping laws in the country next week as Act 590 takes effect on Sept. 1. The measure requires most vaping products (including disposables) to have U.S. Food and Drug Administration authorization or be under agency review to remain on the market, and it expands restrictions on packaging, advertising, and even possession.
Products not appearing on a state-issued list of authorized items — expected to be published after Nov. 1 — will be considered illegal. Stores that continue selling unlisted products could face fines, loss of permits, or product seizures.
Industry observers note that fewer than 40 e-cigarette products currently have FDA marketing orders, almost all from major tobacco companies. That leaves many popular vapes vulnerable to immediate removal from Arkansas shelves.
Act 590 also imposes sweeping advertising and packaging restrictions, barring any designs likely to appeal to children. Flavors or descriptors tied to “candy, cakes, pastries, pies,” cereals, cookies, juice drinks, soft drinks, or ice creams are prohibited. The law also outlaws use of cartoons, superheroes, anime characters, video-game imagery, or unicorns in branding.
In a rare move for state legislation, the law goes beyond sales restrictions by banning personal possession or importation of unapproved vape products if the user knows they are illegal. Louisiana is the only other state with a similar rule. Enforcement authority rests with the Arkansas Tobacco Control (ATC) agency, which can levy fines, revoke permits, and seize products.
Additional provisions expand smoke-free rules, making it illegal to use tobacco or vaping products at schools, childcare facilities, and health care centers.
Key Details of Act 590:
- Effective date: September 1, 2025.
- Product directory: Manufacturers must submit products by Sept. 1; ATC will publish an approved list on or after Nov. 1.
- Scope: Only FDA-authorized, pending, or appealed disposable vapes are legal.
- Packaging/marketing: Ban on child-appealing flavors, food names, drinks, and characters.
- Possession: Individuals may face penalties for knowingly owning banned products.
- Penalties: Fines, loss of retail permits, and product seizure possible.
- Ambiguity: Bottled e-liquid registration requirements remain unclear, pending ATC guidance.
Act 590 originated as Senate Bill 252 and was signed into law in April. Arkansas becomes the twelfth state to adopt a “PMTA registry” law in 2025, part of a broader nationwide push — often supported by large tobacco companies — to tighten rules on disposable vapes.
For retailers, the impact is immediate: selling products not on the forthcoming state directory risks enforcement action. For consumers, it could mean popular disposables vanish from store shelves almost overnight, with even possession of some items carrying legal risk.
