Arkansas’ new Act 590 will restrict sales of certain vape products statewide. The law requires retailers to sell only products approved by the U.S. Food and Drug Administration (FDA) or currently under review, and prohibits designs and packaging that appeal to minors. Violators face product seizures, fines, or even revocation of their sales license.
Key Points
- Scope: Restricts disposable closed-system vapes and nicotine-containing e-liquid products.
- FDA Authorization Requirement: Only products approved by the FDA or currently under review may be sold. Currently, the FDA has approved only 39 vape products.
- Industry Impact: Most market products lack FDA authorization, rendering inventory illegal.
- Youth Protection: Packaging mimicking cartoon characters, superheroes, or candy/cake designs is prohibited.
- Penalties: Non-compliant products will be seized; sellers may face substantial fines and have their licenses revoked.
- Effective Date: Law takes effect September 1 with a two-month grace period for sellers until full enforcement on November 1.
Arkansas to Ban Sale of Non-FDA-Approved Vapes
According to KATV’s August 27 report, Arkansas will implement Act 590 starting September 1, which restricts the sale of certain vapes and e-liquids. The law specifically targets disposable closed-system vapes and nicotine-containing e-liquids, requiring retailers to sell only products approved by the U.S. Food and Drug Administration (FDA) or currently under review.
Scott Hardin, spokesperson for the Arkansas Tobacco Commission (ATC), stated: “The vape products currently sold on the market come from all over the world. Frankly, we don’t know exactly what ingredients they contain.”
ATC notified licensed merchants in May that portions of their inventory would soon be illegal. “If a product isn’t on the approved list, retailers cannot sell it.” Hardin added that the ATC will publish an approval list, while the FDA has currently authorized only 39 vape products.
According to Hardin, about a dozen companies have applied for product review, with nine receiving state approval. Research by the nonprofit health organization Truth Initiative shows that over 80% of vapes and e-liquids on the U.S. market in 2024 lack FDA approval.
Harding emphasized: “The ultimate goal of this legislation is to protect the people of Arkansas.” The new law also explicitly prohibits any marketing tactics that appeal to minors, including the use of cartoon characters, superheroes, or labels and packaging featuring names like ‘cake’ or “candy.”
He warned that retailers violating the law “will have their products seized, face substantial fines, and potentially have their sales licenses revoked.”
Although the law takes effect on September 1, Harding stated that sellers have a grace period until November 1 before full enforcement begins.
