Delaware

No statewide flavor ban

Snapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of December 15, 2023). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.

Flavor / sales restrictions (statewide)

No statewide flavor ban on e-cigarettes. Check city and county rules, since some localities have their own bans.

Local city / county rules

No major local restrictions found in sources reviewed.

Tax

Map summary: $0.05/mL

Vapor products taxed at a rate of $ 0.05 cents per fluid milliliter.
Del. Code Ann. tit. 30, § 5305(c)(2) (2023)

Youth access / retail restrictions

Sale/distribution of tobacco substitutes or coupons for tobacco substitutes to persons under age 21 prohibited.
Del. Code Ann. tit. 11, §§ 1116(a), 1118(a) (2023)

Self-service displays/vending machine sales of tobacco substitutes prohibited in places accessible to persons under age 21.
Del. Code Ann. tit. 11, § 1119 (2023)

Marketing or advertising tobacco substitutes on online or mobile applications directed to children is prohibited.
Del. Code Ann. tit. 6, § 1204C(a), (f)(3) (2023)

Delivery sales of tobacco substitutes require copy of valid government identification and an attestation from the purchaser stating the identification is true and the consumer understands the minimum legal sales age, delivery to the address on the identification, and is paid for with a credit or debit card issued in the consumer’s name. Additionally, the package must include a notice stating that tobacco substitute sales to consumers under age 21 are illegal. Persons engaging in delivery sales must register such sales with the Department of Finance.
Del. Code Ann. tit. 30, §§ 5363, 5366 (2023)

Retail license

No. Although a license is required to sell e-liquid, no license is required to sell e-cigarette devices.
Del. Code Ann. tit. 30, § 5301(15) (definition of "tobacco product"); Del. Code Ann. tit. 30, § 5301(20) (definition of "vapor product"); Del. Code Ann. tit. 30, § 5307 (2023)

Packaging

N/A

Delivery / online sales

Marketing or advertising tobacco substitutes on online or mobile applications directed to children is prohibited.

Smoke-free / indoor use

Use of electronic smoking devices included in definition of “smoking” and prohibited in same places smoking is prohibited, including public indoor places (such as workplaces, schools, cars with minors, most hotel rooms, and mass transit, with some exemptions).
Del. Code Ann. tit. 16, §§ 2902(12) (definition of "smoking"), 2903, 2904, 2908, 2909 (2023)

“Vaping” prohibited at licensed Family Child Care Homes.
934-29 Del. Admin Code § 29.16 (2023)

“Vaping” prohibited in foster homes and in any vehicle used to transport children.
936-40.0 Del. Admin. Code § 40.1.13 (2023)

Licensed youth camps must prohibit “vaping,” including in outdoor play areas, while transporting children, in the presence of children and during field trips.
938-14.0 Del. Admin. Code § 14.20 (2023)

Delaware e-cigarette regulation as of December 15, 2023.

Definition notes

Included in a “tobacco product” definition in at least one statute?

Yes.
Del. Code Ann. tit. 30, § 5301(15) (2023)

How the jurisdiction defines e-cigarettes / related terms (excerpts):

Sales Restrictions

Tobacco substitute means “an electronic smoking device employing a mechanical heating element, battery, or circuit to produce aerosol or vapor for inhalation into the body of an individual [and includes] liquid used in [an electronic smoking device, whether it contains nicotine or not].”
Del. Code Ann. tit. 11, § 1115(11) (2023)

Use Restrictions

Electronic smoking device means “any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product [including] any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.”
Del. Code Ann. tit. 16, § 2902(3) (2023)

Taxation and Licensing

Electronic smoking device means “a nonlighted, noncombustible device that employs a mechanical heating element, battery, or circuit, regardless of shape or size, to produce aerosolized or vaporized nicotine for inhalation into the body of an individual [including] a device that is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other similar product with any other product name or descriptor.”
Del. Code Ann. tit. 30, § 5301(7) (2023)

Tobacco products means “all products made primarily from tobacco for individual consumption, including cigarettes, cigars, pipe tobacco, and vapor products.”
Del. Code Ann. tit. 30, § 5301(15) (2023)

Vapor product means “any nicotine liquid solution or other material containing nicotine that is intended to be used with or in an electronic smoking device.”
Del. Code Ann. tit. 30, § 5301(20) (2023)

Links

Public Health Law Center — Delaware 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21

Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.