On January 1, 2026, the new laws affecting nicotine products came in hot and fast. With so much happening, it’s easy to miss some of the smaller changes amid the sea of bigger headlines, but Prilla has summarized everything pouch users should know in this breakdown.
The main trends surround restrictions on flavors and higher tax rates on nicotine products, with many states and localities introducing fresh legislation.
Key takeaways
- Various state governments have introduced higher or new taxes on nicotine and tobacco products, including Washington and Nebraska.
- California has expanded its existing flavor ban by restricting tobacco sales to products that appear on its new Unflavored Tobacco List, and other localities have introduced their own flavor bans.
- The FDA has authorized on! Pouches for marketing, making them the second pouch brand to receive this authorization.
On! Pouches Authorized for Marketing
In a summary that mostly focuses on tax rises and flavor bans, let’s start with the good news. The FDA authorized six on! PLUS pouches for marketing in December 2025. They are the only nicotine pouches to receive this status, along with 20 ZYN products (which the FDA authorized in January 2025).
On! pouches were among the products to participate in the FDA’s pilot program to fast-track the marketing authorization of nicotine pouches. The collection is the first to receive the green light, meaning it can now promote its products in the US. More products are likely to follow this year.
The new PLUS range is set to be stronger, larger, and softer than the standard on! collection. It includes Mint, Tobacco, and Wintergreen flavors, each with nicotine contents of 6mg and 9mg per pouch.
California: Unflavored Tobacco List Introduced
California made headlines when it banned flavored tobacco and nicotine products in 2022. Now, the state has taken further action by restricting the sale of unflavored products, too.
It has released an authorized Unflavored Tobacco List; items that don’t appear on this list can no longer be sold in California by physical or online retailers. However, manufacturers can continue to submit applications, so the list will likely continue to expand.
California’s Attorney General published the list at the end of 2025, and the laws came into effect on 1 January, 2026.
To learn more about what this means for pouch customers, check out our guide about how to buy nicotine pouches in California and our compiled list of nicotine products currently available in California.
Washington: 95% Tax on Nicotine Products
Like California, Washington has introduced a policy that will likely come as a shock to many pouch users. The state has imposed a tax of 95% on nicotine products. In other words, customers will have to pay 95% more than the taxable sales price (applied on either the purchase price or the product’s selling price).
So, if the sales price of a nicotine pouch is $5.99 with no taxes applied, the final cost would rise to $11.68 following this new tax —that’s almost double.
The legislation includes nicotine pouches, along with e-cigarettes and vapor liquids. It applies whether the nicotine is synthetic or derived from tobacco.
This brings alternative nicotine products roughly in line with the state’s existing cigarette tax ($30.25 plus a sales tax).
Nebraska: 20% Wholesale Tax on Nicotine Pouches
Washington isn’t the only state to increase taxes on nicotine pouches in 2026. Nebraska has done the same, albeit with a slightly more moderate rise.
On January 1, 2026, the state introduced a 20% wholesale excise tax on nicotine and “nicotine-like” products. Legislative Bill 9 (LB9) included nicotine pouches in the “tobacco products” category under its Tobacco Products Tax Act. As a result, the state’s existing 20% tax (paid on the purchase price) now applies to nicotine pouches.
Prior to the new law, new nicotine products came under the state’s 5.5% sales tax on all taxable products, so they have now risen in price considerably.
Maine: Nicotine Tax Increases
Maine has also introduced higher tax on nicotine and tobacco products, though it bucked the trend somewhat by launching the new legislation on 5 January and not the first of the month.
The tax has risen from 43% to 75% on wholesale price, representing a considerable increase.
Kentucky: License Requirements Introduced
Also on 1 January, 2026, the Kentucky government started requiring retailers to have a license to sell tobacco products (including nicotine pouches). Businesses must apply for a tobacco, nicotine, or vapor product license, costing $500. They will also be subject to random inspections and may face fines for not complying.
This adds to the rules the state imposed in 2025, restricting the sale of vape products to those authorized by the FDA. However, these stringent restrictions still don’t apply to nicotine pouches.
Colorado: Local Flavor Bans Implemented
Two councils in Colorado implemented flavor bans at the start of 2026.
The city of Denver banned flavored tobacco and nicotine products. This move has been in the works since the Denver City Council passed the measure in 2024, and retailers will be subject to penalties if they don’t comply with the new legislation.
Similarly, the town council of Eagle has restricted the sale of flavored tobacco products, making it the fourteenth town council in Colorado to do so. We mentioned this one was in the works in our last nicotine pouch regulation roundup 2025, but it has now been passed into law.
There are now more than 400 cities, counties, and localities in the US that have banned tobacco products, plus six states.
New Jersey: First Locality Bans Flavors
While flavor bans have become commonplace in Colorado, the same hasn’t historically been true of New Jersey. But now, the locality of North Bergen has become the first locality in the state to ban flavored tobacco products.
This comes alongside the locality’s existing licensing program, which requires retailers to have a license to sell tobacco or nicotine-delivery products.
