Tennessee has emerged as a national leader in aligning vapor product enforcement with the Trump Administration’s “Built in the USA” agenda, adopting one of the most aggressive compliance frameworks in the country.
Under a new law passed in 2025, vapor product manufacturers must annually certify to the Tennessee Department of Revenue that each product sold at retail only contains consumable materials that were processed or blended in the United States at an FDA-registered facility, and that the product did not originate in a foreign adversarial country.
The law is designed to reward legitimate domestic manufacturers while shutting the door on illicit supply chains that undercut U.S. producers and evade federal oversight.
State officials say the crackdown is long overdue, as bad actors have increasingly mislabeled products manufactured in China, sometimes laundering them through third countries, to flood U.S. markets with illegal vapor products.
When asked about Tennessee’s first-of-its-kind approach and whether he would support investigations into mislabeled imports and stricter action at U.S. ports, even if it resulted in immediate shutdowns, Attorney General Jonathan Skrmetti was unequivocal.
“Tennessee will not be a dumping ground for shady illegal vapes,” Skrmetti said. “If companies want to sell here, they need to follow the rules. That means transparency, compliance with FDA requirements, and respect for our laws. We will support aggressive enforcement, including investigations and port actions where necessary, to protect Tennessee consumers.”
ARIZONA
Just a year after grappling with a second attempt at a “registry bill,” which would eliminate virtually all competition to the Big Tobacco vapor product offerings, the landscape has changed dramatically in Arizona.
President Trump’s “Made in America” agenda has gained major traction in both chambers of the state capitol, according to insiders. All of the energy spent on bills that would update regulations for vapor products is moving towards compelling the industry to swiftly move to made in or “Finished in the U.S.A.” This appears to be the strongest play by the Republican-lead legislature to fulfill the Trump Administration’s promise to voters, with the 2026 Midterms looming large.
The excitement about Tennessee or Texas-style vape legislation (passed in 2025) has clearly moved to Arizona for 2026 and for good reason. With statewide budget deficits looming, “registry” bills which would shut down competition and crush sales tax receipts are being frowned on due to a measurably severe risk of loss of revenue to the state from a $89 Millionyear industry.
Currently there are no less than 5 bills with sponsors who must compete for air time during an election year, which is the perfect opportunity for any one of them to get a leg up by championing American-manufactured product language.
Arizona may not even be next to pass a Tennessee/Texas style bill as efforts in Oklahoma to pass similar legislation actually look like they’re further along.
