Nicotine pouch regulations vary significantly from state to state, and with rules frequently changing, keeping up with the latest developments isn't always easy. To help you stay informed, we'll be tracking federal and state-level regulatory updates that may affect nicotine pouch users across the US, keeping this article updated as new developments unfold.
Looking for information about a specific state? Check out our state guides, delivery information, and FAQs, or contact our customer service team for assistance.
This information was last updated on September 9th, 2026.
In This Article
- New York State: 75% Wholesale Tax Implemented
- ZYN Ultra Authorized
- Altria Sues the FDA
- Oregon: Flavor Bans and Taxes
- Texas: Tobacco Taxes Apply
- California: Unflavored Tobacco List Introduced
- Washington: 95% Tax on Nicotine Products
- Nebraska: 20% Wholesale Tax on Nicotine Pouches
- Maine: Nicotine Tax Increases
- Kentucky: License Requirements Introduced
- Colorado: Local Flavor Bans Implemented
- New Jersey: First Locality Bans Flavors
New York State: 75% Wholesale Tax Implemented
There’s bad news for anyone who buys nicotine pouches in New York. On September 1, 2026, the New York State Department of Taxation and Finance implemented a 75% tax on the wholesale price of nicotine pouches. As a wholesale tax, distributors pay the tax rather than customers, but the higher costs distributors face are likely to result in higher shelf prices too.
The new legislation is unlikely to come as a surprise to anyone who has been keeping a tab on the news, as the proposal has caused a buzz for a while, but now it has finally been passed into action.
ZYN Ultra Authorized
In mid-2026, ZYN released its Ultra range, which offers moist pouches with higher nicotine contents than its original dry collection.
These products have now joined the rest of the ZYN pouches in receiving marketing authorization from the FDA. The Agency has authorized the Ultra range through the premarket tobacco product application (PMTA) pathway. This includes all flavors in both 9mg and 11mg strengths.
Altria Sues the FDA
The slow waiting times for the authorization of nicotine pouches has been a longstanding problem for nicotine pouch manufacturers in the US. Only a select few brands have received authorization for marketing their products, often after waiting years for a decision.
While Altria’s on! pouches have now been authorized, the manufacturer sued the FDA on 2 September, 2026 for the negative business impact the delays have caused. The FDA is supposed to make a decision on whether to authorize nicotine pouches 180 days after an application is made, but it has consistently missed these deadlines.
Oregon: Flavor Bans and Taxes
On 1 January 2026, Oregon started taxing nicotine pouches at a rate of $0.65 for packages with 20 units (with a small additional tax for every additional unit).
The Oregon Supreme Court has given the green light for a flavor ban in Washington County. Flavor Ban Ordinance 878 will prohibit all synthetic nicotine and tobacco products with flavors, including nicotine pouches. It is also banning retailers from offering price promotions and discounts for tobacco products.
Washington County implemented Ordinance 878 on 1 July, 2026.
This doesn’t apply when buying nicotine pouches in Oregon outside of these regions, retailers will be able to continue selling flavored nicotine products. However, Multnomah County has been trying to implement a flavor ban on nicotine pouches since December 2022. It has faced numerous legal challenges since, but the Oregon Supreme Court has now declined to review an appeal.
Texas: Tobacco Taxes Apply
Nicotine pouches in Texas are now subject to a tax of $1.22 per ounce. This was confirmed in a ruling in May 2026, when the state’s Supreme Court confirmed that nicotine pouches are legally classed as “tobacco products” and should be subject to the same taxes as cigarettes.
Previously, the company that makes VELO pouches had argued it was owed a tax refund since VELO pouches do not contain tobacco, but this was overturned in May.
When browsing Prilla from Texas, the prices on our site reflect these taxes.
California: Unflavored Tobacco List Introduced
To learn about what California’s latest regulations mean 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).
Currently, Prilla is not shipping to Washington state.
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.
Currently, Prilla is not shipping to Maine.
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.
Currently, Prilla is not shipping to Colorado (but we have plans to add it soon).
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.
The state is considering advancing this flavor ban to state-wide legislation through Bill S2979, but the bill hasn’t yet been passed.
