Arkansas will begin enforcing one of the toughest vaping laws in the nation as Act 590 of 2025 takes effect on September 1, 2025. The measure establishes a new Manufacturer Directory for Vapor Products and E-liquid Products and imposes sweeping restrictions on sales, packaging, advertising, and even possession.

What the Law Covers

Importantly, Act 590 only applies to closed-system, single-use disposable vapor products and nicotine-containing e-liquid products. Open-system, refillable devices and bottled e-liquids (sold without a battery or atomizer) may continue to be sold under existing regulations.

Beginning September 1, 2025, it will be unlawful to sell any covered vapor or e-liquid product in Arkansas unless the manufacturer certifies to Arkansas Tobacco Control (ATC) that the product:

• Has received an FDA marketing granted order; or
• Was subject to a timely PMTA application filed by September 9, 2020, for a product on the U.S. market as of August 8, 2016, and is either:
• Still under FDA review, or
• Under a marketing denial order that has been stayed by the FDA or a federal court pending appeal.

Manufacturers must also provide ATC with supporting FDA or court documentation (e.g., PMTA receipt, stay order, or marketing granted order). False certifications can result in civil penalties of $75,000 to $250,000.

The Arkansas Product Directory

ATC will publish the Manufacturer Directory of approved products by November 1, 2025.

To be listed, each manufacturer must pay a $500 initial fee per brand family and an annual renewal fee of $250 per brand family.

Nonresident manufacturers must designate an agent for service of process in Arkansas. Importers for foreign manufacturers must also register agents with ATC.

Enforcement & Penalties

Manufacturers offering unlisted products after November 1, 2025 face $1,000 fines per product, plus seizure and destruction.

Wholesalers/Retailers face fines of $25 per unlisted item (up to 20 items) and $50 per item beyond 20, plus seizure and destruction.

Inventory Sell-Through Periods: Wholesalers have 60 days and retailers have 120 days to clear noncompliant products once notice is given.

Packaging and Marketing Restrictions

Effective August 3, 2025, tobacco and vapor product marketing in Arkansas cannot:

Use imagery that imitates or replicates food brands commonly marketed to children.

Feature characters that appeal to minors (cartoons, superheroes, anime, movie/TV characters).

Use terms like candy, cake, pie, cupcake, or similar food descriptors.

This effectively bans much of the design and flavor naming common in today’s disposable vape market.

Possession Provisions

Like Louisiana, Arkansas goes further than most states by banning personal possession of unapproved products if the individual knowingly owns them. This unusual provision places consumers directly at risk of penalties, not just retailers.

Industry Impact

Observers note that fewer than 40 e-cigarette products currently have FDA authorization—mostly from major tobacco companies. With Act 590 in place, hundreds of popular disposable vapes could vanish from Arkansas shelves overnight.

Critics argue this registry system consolidates the market in favor of large tobacco companies while removing safer alternatives from adult consumers. Supporters claim the law brings Arkansas in line with federal standards, curbs youth access, and strengthens oversight.

Key Takeaways of Act 590

Effective Dates:

Sept. 1, 2025 — Manufacturer certification deadline

Aug. 3, 2025 — New marketing/advertising rules begin

Nov. 1, 2025 — State product directory published

Scope: Closed-system disposables and nicotine e-liquids only

Fees: $500 per brand family initial + $250 annual renewal

Penalties: Up to $250,000 for false certification; fines for manufacturers, wholesalers, and retailers; seizure of noncompliant products

Sell-Through: 60 days for wholesalers, 120 days for retailers

Possession: Ban on knowingly owning unlisted products