A sweeping new law House BILL 8 (HB8) has taken effect in Alabama as of June 1st, significantly altering how retailers can sell vape and nicotine products. The legislation, sponsored by Rep. Barbara Drummond (D-Mobile) and signed by Governor Kay Ivey, introduces stricter permit requirements and notably bans the sale of most flavored e-cigarettes in convenience stores, a move aimed at curbing youth vaping but one that retailers warn will impact a key profit center.
Under the new regulations, convenience stores across Alabama will now only be permitted to sell 34 specific tobacco- and mint-flavored e-cigarette products that have received marketing authorization from the U.S. Food and Drug Administration (FDA). All other flavored vape products, including popular fruit and candy varieties often associated with youth appeal, are banned from convenience store shelves. These other flavored items can now only be sold in licensed specialty vape shops, which must restrict entry to customers aged 21 and older.
The law establishes two new retail permits administered by the Alabama Alcoholic Beverage Control (ABC) Board: the ABC Tobacco Permit (annual fee $150) for selling traditional tobacco and certain FDA-approved/under-review electronic nicotine delivery systems (ENDS), and the more restrictive ABC Specialty Retailer of ENDS Permit ($1,000 annually) for stores primarily focused on vape products. These specialty shops must ensure all products meet state and federal requirements.
Rep. Drummond stated the law was driven by concerns about youth vaping and health risks, asserting, "These products are harming our young people." However, convenience store industry groups have warned that alternative nicotine products can account for 20-30 percent of their profit margins, and the ban on flavored products, coupled with new permit costs, will strain small businesses. The law also mandates that all vape products sold in Alabama be manufactured in the United States and establishes a Tobacco Licensing and Compliance Fund for enforcement and youth prevention education. Violations can lead to fines and permit revocation.
