Vaping Laws in Florida

Bill Allen | September 20, 2024 | Personal Injury

Vaping Laws in Florida

Many people use vapes as an alternative to cigarettes and other tobacco products. You can find vapes or e-cigarettes in all sizes and shapes. The “juice” used in vapes is available in hundreds of flavors, making vaping appealing to a broad range of individuals.

Vapes use a heating element to produce an aerosol by heating the “juice” inside the device. They inhale the aerosolized liquid much like they inhale cigarette smoke. The liquid contains nicotine, which can be adjusted based on a person’s preference. You can find vapes that do not contain any nicotine.

States have enacted laws to control the sale and use of vapes. The laws vary by state, so it is important to know Florida vape laws if you intend to engage in vaping or sell vape products.

Florida Vape Laws Restrict the Age for Purchasing Vaping Products

At what age can you buy a vape in Florida? With very few exceptions, the vaping legal age in Florida is 21 years. 

The law prohibits anyone under 21 years of age from possessing a nicotine product. An exception is made to the legal age for vaping in Florida for active-duty military personnel.

Florida Statute §569.41 states that it is unlawful to sell, gift, or otherwise deliver a nicotine product to someone under the age of 21 years. Violations are prosecuted as a second-degree misdemeanor. Nicotine products include vapes, the liquid used in vapes, and other products containing nicotine for human consumption.

A new vaping law goes into effect on October 1, 2024, that targets vaping products deemed attractive to minors. The law directs the Florida Department of Legal Affairs to develop and update a directory listing all sign-use nicotine vapes it considers attractive to minors.

The list must be made public by January 1, 2025. Once a product is added to the list, retailers have 60 days to sell or remove the product from their inventory.

Can You Vape in Public in Florida?

Florida laws on vaping and local ordinances prohibit vaping in specific locations. For example, you cannot vape in an enclosed indoor workplace. Vaping is prohibited in some courthouses or within a certain distance of the entrance to a courthouse. The law prohibits anyone under 21 years of age from vaping in or within 1,000 feet of a school between 6:00 a.m. and midnight.

E-cigarettes are prohibited when children are present in an out-of-home caregiver’s home or vehicle. All vapor-generating electronic devices are prohibited in certain detention facilities.

There are some exceptions to laws restricting the use of vapes. For example, a hotel may designate specific rooms that allow vaping. You may also be able to vape in retail vape shops and tobacco shops. If you are unsure whether vaping is legal, look for signs or ask the establishment before vaping.

Vaping May Cause Serious Injuries and Adverse Health Conditions

Nicotine is an addictive substance. Studies have shown that nicotine can increase the risk of several health conditions. Furthermore, the liquids used in vapes and e-cigarettes contain other substances that could be harmful, including flavoring. Common injuries and health conditions associated with vapes and e-cigarettes include, but are not limited to:

According to the Centers for Disease Control, using nicotine products during adolescence can harm brain development. Teens also have a higher risk for further addiction to other drugs.

Seeking Compensation for Injuries Caused by E-Cigarettes and Vaping Products

Numerous lawsuits have been filed alleging various causes of action against manufacturers and other parties. Lawsuits allege parties are liable for damages because of negligence, unjust enrichment, design defects, fraud, strict liability, and failure to warn. Injured parties see compensation for economic and non-economic damages, including:

Families who have lost loved ones because of injuries caused by vaping products may file a wrongful death claim seeking damages. The damages for a vaping injury lawsuit depend on the circumstances of the case.

If you have questions about a vaping injury claim, contact a Gainesville personal injury lawyer to discuss your situation.

Contact Our Gainesville Personal Injury Law Firm in North Central Florida

If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258