Pursuant to 28-11-17.1, e-liquids, electronic nicotine delivery systems in conjunction with e-liquid, or alternative nicotine products shall not be sold in the State of Alabama without being listed on the Department of Revenue’s Electronic Nicotine Delivery Systems Directory.  Tobacco and Specialty Retailer of Electronic Nicotine Delivery Systems Permittees may sell products listed on the Department of Revenue’s Electronic Nicotine Delivery Systems Directory, provided that the products do not violate any state or federal law, including but not limited to, 28-11-16(d).  None of the foregoing in any way limits the authority of the board to establish requirements relating to the sale, distribution, possession, information reporting to the State, exposure to, access to, the advertising and promotion of, or use of, these products by individuals of any age, or relating to fire safety standards for these products or for any reason contemplated by Federal or State law or rule including but not limited to 21 United States Code § 387p(a)(2)(B).

Author: ABC Board

Statutory Authority: 28-3-49; 28-11-7.1(d); 28-11-7.2(b)(2); Section 4 of ACT 2025-403.

History: Amended: Published August 29, 2025; effective October 13, 2025.