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Nebraska Vape Ban & Vape Laws (NE)

Compiled by Nathan Shaw. Last reviewed October 2026. Source data as of June 15, 2024. How we source this

Yes. Since October 1, 2025, only vapes listed on the Nebraska state product directory may legally be sold, which has taken most unlisted and flavored disposables off the shelves. There is no statewide flavor ban. A state vape excise tax applies. This page covers the Nebraska vape ban rules, flavor restrictions, taxes, youth access and local city or county limits, as of October 2026.

Vape ban: Yes, most products banned
Type of ban: Only approved products can be sold
Flavored vapes: No statewide flavor ban
Vape tax: 10% of retail if over 3 mL; $0.05/mL if 3 mL or less
Vape Hate score: 65/100 Heavy

The Vape Hate score is our own rating, not an official one. It counts what a state bans: up to 50 points for restricting which products can be sold, 30 for flavor bans and 20 for tax. The higher the number, the harder that state makes it to buy and use a vape. How we score this

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 June 15, 2024). 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 Bans in Nebraska

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

Local Vape Laws in Nebraska

No major local restrictions found in sources reviewed.

Nebraska Vape Tax

Map summary: 10% of retail if over 3 mL; $0.05/mL if 3 mL or less

Tax on electronic nicotine delivery system containing 3 ml or less of consumable material is $0.05 per ml; tax on those containing more than 3 ml of consumable material is 10% of wholesale price.Neb. Rev. Stat. § 77-4008(c)-(d) (2024)

Nebraska Vaping Age and Youth Access Laws

Sale/distribution of electronic nicotine delivery systems to persons under age 21 prohibited.Neb. Rev. Stat. §§ 28-1419(1), 28-1425 (2024)
Use of electronic nicotine delivery systems by persons under age 21 prohibited.Neb. Rev. Stat. § 28-1418 (2024)
Vending machine sales of electronic nicotine delivery systems are restricted to locations inaccessible to the general public or in locations where liquor is sold.Neb. Rev. Stat. § 28-1429.02 (2024)
Self-service displays of electronic nicotine delivery systems restricted to tobacco specialty stores and cigar bars.Neb. Rev Stat. § 28-1429.03 (2024)

Nebraska Vape Shop License Requirements

Yes.Neb. Rev. Stat. § 28-1420 (2024)

Nebraska Vape Packaging and Labeling Rules

N/A

Online Vape Sales and Delivery in Nebraska

Sale/distribution of electronic nicotine delivery systems to persons under age 21 prohibited.

Use of electronic nicotine delivery systems by persons under age 21 prohibited.

Vending machine sales of electronic nicotine delivery systems are restricted to locations inaccessible to the general public or in locations where liquor is sold.

Self-service displays of electronic nicotine delivery systems restricted to tobacco specialty stores and cigar bars.

Nebraska Indoor Vaping and Smoke-Free Laws

Use of electronic smoking devices included in the definition of “smoking” (Neb. Rev. Stat. § 71-5727 (2024)) and prohibited in places of employment and public places (Neb. Rev. Stat. § 71-5729 (2024)), with some exceptions (Neb. Rev. Stat. §§ 71-5730, 71-5735 (2024)).

How Nebraska Defines a Vape

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

Yes.Neb. Rev. Stat. § 77-4007 (2024)

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

Sales Restrictions

Electronic nicotine delivery system means “any product or device containing nicotine, tobacco, or tobacco derivatives that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to simulate smoking by delivering the nicotine, tobacco, or tobacco derivatives in vapor, fog, mist, gas, or aerosol form to a person inhaling from the product or device [including] any substance containing nicotine, tobacco, or tobacco derivatives, whether sold separately or sold in combination with [an aforementioned product, and products], any product or device marketed, manufactured, distributed, or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or similar products…and [a]ny component, part, or accessory [of such a product].”Neb. Rev. Stat. § 28-1418.01(3) (2024)

Use Restrictions

Electronic smoking device means an electronic nicotine delivery system…[including devices] 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. The term also includes any substance that is used in an electronic smoking device.”Neb. Rev. Stat. § 71-5718.01 (2024)

Tax

Consumable material means “any liquid solution or other material containing nicotine that is depleted as an electronic nicotine delivery system is used.”Neb. Rev. Stat. § 77-4003.1 (2024)
Tobacco products shall mean “(1) cigars, (2) cheroots, (3) stogies, (4) periques, (5) granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, (6) snuff, (7) snuff flour, (8) cavendish, (9) plug and twist tobacco, (10) fine cut and other chewing tobacco, (11) shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco, (12) other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise or both for chewing and smoking, and (13) electronic nicotine delivery systems [but not cigarettes]…”Neb. Rev. Stat. § 77-4007 (2024)

Official Nebraska Vape Law Sources

Public Health Law Center — Nebraska 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.

Frequently asked questions

Is there a vape ban in Nebraska?

Yes. Since October 1, 2025, only vapes listed on the Nebraska state product directory may legally be sold, which has taken most unlisted and flavored disposables off the shelves.

Are disposable vapes banned in Nebraska?

Only electronic nicotine delivery systems listed on the Nebraska Directory of Certified ENDS Manufacturers may be sold. Manufacturers certify per model and pay a fee for each type or model sold in the state.

What vapes are still legal in Nebraska?

Products that appear on the state list, or that fall outside the ban, remain legal to sell to adults aged 21 and over. Check the official source linked below for the current list, which changes.

Are flavored vapes banned in Nebraska?