According to Alabama.com’s recent report, Alabama Governor Kay Ivey signed the HB8 bill last week. The bill stipulates that convenience stores can only sell 34 types of tobacco and menthool-flavored e-cigarettes that have been approved by the US Food and Drug Administration (FDA).
The specific points of the bill are as follows:
Definition and scope of application have been expanded: The “Electronic Nicotine Delivery System” (ENDS), “E-liquid”, “Nicotine Alternative Products” and “Tobacco Alternatives” have been clearly defined, including all kinds of e-cigarette products and their liquids.
The age definition of “Minor” has been raised from 19 to 21, which means that the minimum legal age for purchasing, holding and using these products has been uniformly set at 21.
Retail licenses and fees: Selling these products requires obtaining a license from the Alcoholic Beverage Regulatory Board (ABC Board), and paying a new application fee ($50 at one time) and an annual license fee ($150).
Specialty Retailer of Electronic Nicotine Delivery Systems requires applying for a special license. The application fee is $50 and the annual fee is $1,000.
All fees will be deposited into the newly established “Vaping Licensing and Enforcement Fund”.
Product Directory:
From October 1, 2025 (or 30 days after the relevant FDA deadline, whichever is later), manufacturers of e-cigarette e-liquids and alternative nicotine products must submit certifications to the Commissioner of Revenue of the state. Prove that its products meet the FDA’s Pre-market Tobacco Product Application (PMTA) requirements (such as having submitted an application and being under review, or having obtained marketing authorization and other specific conditions).
The state tax bureau will maintain a public directory containing compliant products. Products not listed in the catalogue shall not be sold. Retailers selling products not listed in the catalogue will face fines ($1,000 per product per day), and repeat offenders will face heavier fines and may have their licenses revoked.
Made in the USA First: As of October 1, 2025, new e-liquid, e-cigarette (ENDS), or nicotine alternative products added to the catalogue must be manufactured, packaged, and labeled in the United States, unless they have received marketing approval from the FDA.
Restrictions on e-cigarette specialty stores: People under the age of 21 are prohibited from entering. Entry requires age verification through a third-party age verification service (such as scanning an ID document). Apart from the store name sign, there shall be no other visible advertisements (such as banners, flashlights) promoting the sale of electronic cigarette products.
Vending machines and self-service displays are prohibited: Sales through vending machines are prohibited except in areas accessible only to people over 21 years old or under employee control. Self-service display is prohibited.
Advertising and marketing restrictions:
It is prohibited to promote e-cigarettes as smoking cessation products or healthier alternatives to smoking.
It is prohibited to promote flavors other than tobacco, mint or menthol on outdoor billboards.
Advertising is prohibited on outdoor billboards within 1,000 feet of schools or public playgrounds.
The use of brand names to sponsor scholarships is prohibited.
Advertising is prohibited in activities or publications where the majority of the audience/readers are under the age of 21.
Strictly prohibit marketing targeting minors: Prohibit the use of words such as “candy”, “cake”, “pie” or related images on product labels, packaging or advertisements. Prohibit the imitation of food brands targeted at minors (such as grains, biscuits, juice drinks). Prohibit the use of cartoon characters or symbols that attract minors. Products that violate this regulation will be regarded as contraband.
Penalties for minors’ possession and use:
It is illegal for people under the age of 21 to purchase, use, possess or transport electronic cigarettes and other products.
For violators under the age of 19:
First-time offender: Notify parents/guardians and request to attend face-to-face e-cigarette awareness, education and prevention courses.
Recidivists: Notify parents/guardians and request participation in non-inpatient addiction or drug abuse rehabilitation courses approved by the court and the Ministry of Public Health (with costs covered by the e-cigarette Licensing and Enforcement Fund).
No court fees are charged for such violations.
Packaging and warning signs:
All liquid nicotine containers used for e-vaping must be in child-safe packaging.
Specialty stores must post an 8.5-x11-inch warning sign in a prominent position near the sales point, which includes: Alabama law strictly prohibits people under the age of 21 from purchasing and age proof must be presented.
School Policy: The state education board is required to formulate a model policy by September 1, 2025, for establishing e-cigarette awareness, education and prevention programs, and prohibiting K-12 students from using products such as e-cigarettes on campus, on school buses or in school-sponsored events; Local education committees are required to adopt this policy by November 1, 2025.
Funds and law enforcement: Establish an “E-cigarette Licensing and Law Enforcement Fund” to fund law enforcement, education, prevention projects and addiction treatment courses; The funds are allocated to the ABC Commission, State law enforcement agencies (ALEA), state education commissions, and the unified Justice system.
Effective date: Most of the provisions of the act will come into effect on June 1, 2025. Some provisions regarding manufacturer certification and product catalogues (such as 28-11-17.1 and 28-11-17.2) have later effective dates (such as October 1, 2025).