U.S. Washington State to Bring Synthetic Nicotine Under the Tobacco Tax System, Applying a Unified Tax Starting January 2026

Dec.29.2025
U.S. Washington State to Bring Synthetic Nicotine Under the Tobacco Tax System, Applying a Unified Tax Starting January 2026
Washington State will subject all nicotine-containing products to the Tobacco Products Tax starting January 1, 2026, taxing them at 95% of the selling price. The change covers both tobacco-derived and synthetic nicotine products and requires businesses to report their inventory when the new tax system takes effect.

Key Takeaways

 

  • Effective date: January 1, 2026
  • Tax scope: All products containing nicotine or tobacco
  • Newly taxed products: Synthetic nicotine pouches, disposable e-cigarette products, nicotine-containing e-liquids
  • Tax base change: From volume-based to value-based taxation
  • Nicotine-containing e-cigarette products will be subject to the litter tax

 


2Firsts, December 29, 2025 – According to a notice released by the Washington State Department of Revenue, effective January 1, 2026, any product containing nicotine will be subject to the Tobacco Products Tax, regardless of whether the nicotine is derived from tobacco or synthetically produced. Previously, some nicotine products were subject to the vapor products tax.

 

The Tobacco Products Tax applies to all products containing tobacco or nicotine, including cigars, pipe tobacco, chewing tobacco, e-cigarettes, synthetic nicotine pouches, nicotine e-cigarette products, and any other products containing tobacco or nicotine in any form. Newly taxed products include synthetic nicotine pouches that were previously untaxed, disposable e-cigarette products, and nicotine-containing e-liquids.

 

The regulations also clarify that “tobacco products” do not include cigarettes, nor do they include any drug, device, or combination product approved for sale by the U.S. Food and Drug Administration as of December 31, 2024.

 

The Tobacco Products Tax is calculated based on the taxable selling price of nicotine products. According to reports by NBC Right Now and KOMO News, the tax rate for all nicotine and tobacco products is 95% of the selling price.

 

Retailers and distributors must report the value of their existing inventory of nicotine products on the first return filed after January 1, 2026. A one-time line item will be added to the return: “Pre-existing inventories of nicotine products as of January 1, 2026.”

 

If a product is purchased from a non-affiliated seller, the purchase price should be used as the selling price. If the retailer or distributor is affiliated with the manufacturer or distributor, the actual selling price must be used.

 

The vapor products tax is calculated based on e-liquid volume and container type, while the Tobacco Products Tax is based on the value of the product in its original package or container. When calculating the Tobacco Products Tax on nicotine-containing e-cigarette products, the selling price must be used rather than volume.

 

In addition, the litter tax applies to all tobacco products. Previously, e-cigarette products were not subject to the litter tax; however, following the implementation of the new rules, nicotine-containing e-cigarette products will be included. No credit will be provided for vapor products tax previously paid.

 

Businesses that sell tobacco products are required to obtain a tobacco retail endorsement for each sales location, which can be added to their business license through a MyDOR account.

 

Cover image source: the Washington State Department of Revenue

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Product | DOJO Launches 0+6ml BLAST7K Fresh in UK in September, Retaining 2+8ml Pod Compatibility Ahead of October Per-Milliliter Vaping Duty
Product | DOJO Launches 0+6ml BLAST7K Fresh in UK in September, Retaining 2+8ml Pod Compatibility Ahead of October Per-Milliliter Vaping Duty
DOJO officially launched the BLAST7K Fresh on September 17, 2026, introducing a UK-market prefilled pod product with 6ml of e-liquid and a manufacturer-rated capacity of up to 7,000 puffs. The device features a 1000mAh rechargeable battery, the INSTA-JUICED structure and COREX BLAST dual-mesh technology, while retaining compatibility with existing BLAST pods. The launch comes less than two weeks before the UK's Vaping Products Duty takes effect on October 1. At the new duty rate, 6ml of vaping liquid would correspond to £1.32 in VPD. DOJO has not stated that the product's 6ml format was designed in response to the new duty.
Sep.20
2Firsts First Look|China to End VAT Export Rebates on Vape Devices and Nicotine in April 2027, Following Earlier Removal for HTP Devices and Nicotine Vapes
2Firsts First Look|China to End VAT Export Rebates on Vape Devices and Nicotine in April 2027, Following Earlier Removal for HTP Devices and Nicotine Vapes
China's Ministry of Finance and State Taxation Administration announced on October 12, 2026, that value-added tax (VAT) export rebates for vape devices, nicotine and its salts, and certain non-combustible inhalation products will be eliminated from April 1, 2027. The measure adds four tobacco- and nicotine-related customs codes, including 8543400010, which covers vape devices and qualifying empty pods. China previously eliminated rebates for nicotine-containing vaping products and devices under code 8543400090 in April 2026. According to industry classification information held by 2Firsts, the latter currently corresponds to heated tobacco devices. Export excise tax refund and exemption arrangements will remain unchanged.
Special Report
Oct.12
Special Report | Russia Places Four JTI Businesses Under Temporary Management, a First for Tobacco Majors
Special Report | Russia Places Four JTI Businesses Under Temporary Management, a First for Tobacco Majors
Russia has placed shares in four Japan Tobacco International businesses under temporary management, the first such move involving a major global tobacco manufacturer, according to Interfax. JTI held 35.8% of Russia's tobacco market by volume in the first nine months of 2026. While British American Tobacco and Imperial Brands have exited Russia, Philip Morris International continues operating there. As the market changes and diplomatic efforts continue, could international tobacco companies that left Russia eventually return?
Nov.06
Product | BAT Launches VELO WRKS Nicotine Pouches in Sweden, Introducing Dual-Compartment Cans With Two Flavours
Product | BAT Launches VELO WRKS Nicotine Pouches in Sweden, Introducing Dual-Compartment Cans With Two Flavours
British American Tobacco (BAT)'s VELO brand launched the VELO WRKS nicotine pouch range in Sweden on November 2, 2026. The initial release features three Dual Can variants, each containing two separate flavours in a dual-compartment container. Each can holds 20 slim pouches with 8mg of nicotine per pouch and retails for SEK 52.99. According to VELO, the first release, Drop 1, is limited to 75,000 cans and will remain available until February 2027 or while stocks last. VELO positions WRKS as a platform for testing new product concepts and has introduced an online consumer feedback survey. EU trademark records show BAT applied to register VELO WRKS in March 2026 under Class 34, covering nicotine pouches, e-cigarettes, heated tobacco products and other tobacco-related goods.
product
Nov.03
Germany Probes 7.6 Million Illegal Vape Case With Estimated €33.3 Million Tax Loss; Four Chinese Manufacturer Employees Under Investigation, Some Packaging in Enforcement Images Resembles FUMOT Products
Germany Probes 7.6 Million Illegal Vape Case With Estimated €33.3 Million Tax Loss; Four Chinese Manufacturer Employees Under Investigation, Some Packaging in Enforcement Images Resembles FUMOT Products
German prosecutors and customs authorities are conducting a criminal investigation into an alleged cross-border organised vape network. Authorities say that between January 2024 and March 2025, four employees of an unnamed Chinese e-cigarette manufacturer allegedly built a network of sales agents and wholesalers that brought more than 7.6 million nicotine disposable vapes into Germany, causing an estimated €33.3 million in excise-tax losses. The manufacturer has not been named. Some products visible in enforcement images have packaging resembling products from FUMOT’s portfolio. European regulatory records from 2024, FUMOT’s public overseas-sales materials and records involving German vape importer and distribution company Zamu-Pro GmbH also show FUMOT/RandM products and German distribution activity during the period covered by the investigation.
Sep.21
JAMA Study: U.S. Vape Directories Fail to Sustainably Curb Unlisted Sales as Product Shifts May Redistribute Brand Share 2Firsts Recommended
JAMA Study: U.S. Vape Directories Fail to Sustainably Curb Unlisted Sales as Product Shifts May Redistribute Brand Share 2Firsts Recommended
A study by CDC Foundation researchers found no sustained decline in e-cigarette sales across Alabama, Oklahoma and Louisiana, the first three U.S. states to implement e-cigarette directory laws. Louisiana initially saw a significant sales decline, followed by a rebound and a persistent reduction in product availability. Sales also shifted from nontobacco-flavored disposables toward prefilled cartridges, with Vuse Alto driving much of the increase in menthol cartridges. By April 2025, unlisted products still accounted for more than half of e-cigarette nicotine sales in all three states.
Sep.18