In short
Act 41-2015, as amended, prohibits the sale of electronic cigarettes or “e-cigarettes” to minors, and for the purposes of this law “minors” means every person under twenty-one (21) years of age. Every place where e-cigarettes are sold, donated, dispensed, dispatched or distributed must place in prominent visible locations the signs warning of the health risk from their nicotine and other substances content and the prohibition on sale to persons under twenty-one (21). The information on those signs is provided by the Department of Health in collaboration with the Mental Health and Anti-Addiction Services Administration, and it is ASSMCA that is responsible for preparing the sign and making it available. The Alcoholic Beverages Bureau of the Department of the Treasury and the Puerto Rico Police are empowered to intervene, sanction and fine any business not displaying the signs; the Treasury may issue an initial notice or warning granting thirty (30) days to place them, and the Bureau may impose a fine of fifty (50) dollars daily on a merchant who, after receiving the first warning, still defies the mandate.
What is it?
It is the law that brought e-cigarettes within the sale-to-minors restrictions conventional cigarettes already had, and that additionally imposed a visible duty at the counter: the sign. For a citizen there are two invocable things — that it not be sold to anyone under twenty-one, and that the sign be posted where it can be seen.
Who can do it?
The prohibition protects every person under twenty-one (21), which is how this law defines “minors.” The signage duty falls on every place where e-cigarettes are sold, donated, dispensed, dispatched or distributed, whatever the type of establishment.
Requirements
- That the product be an electronic cigarette or “e-cigarette”: any product designed to deliver doses of nicotine in combination with other substances to the user in vapor form, as defined by regulation by the Department of Health.Verified against the official source
- For the sales ban: that the person be under twenty-one (21) years of age.Verified against the official source
Documents you need
Information pending verification.
Cost
Step by step
Step 1: The age in this law is twenty-one
The definitions article says it plainly: “Minors — means every person under twenty-one (21) years of age.” The law’s title says it too. The statement of motives, from 2015, still narrates the original purpose of setting it at eighteen; what governs is the current operative text, which says twenty-one.
Step 2: Look for the sign before arguing
Every place where e-cigarettes are sold, donated, dispensed, dispatched or distributed must place in prominent visible locations the signs warning of the health risk from their nicotine and other substances content and of the ban on sale to under-21s. If the sign is absent, that is already a breach independent of who was sold to.
Step 3: The merchant does not have to design the sign
The law splits that burden: the information contained in the signs shall be provided by the Department of Health in collaboration with the Mental Health and Anti-Addiction Services Administration, and ASSMCA shall be responsible for preparing the sign and making it available. That is a useful fact for the small business that says it does not know what to post.
Step 4: Who fines and how much
The Alcoholic Beverages Bureau of the Department of the Treasury and the Puerto Rico Police are empowered to intervene, sanction and fine any business that does not display the signs in a prominently visible place. The Treasury may issue an initial notice or warning to the merchant for non-compliance, granting thirty (30) days to place them. The Bureau, in turn, may issue a fine of fifty (50) dollars daily on a merchant who, after receiving the first warning, still defies the law’s mandate.
Step 5: Where the fine money goes
Revenue from fines imposed on merchants shall go to the Tobacco Control and Oral Health Division of the Department of Health for prevention and outreach efforts on the effects of smoking, and shall be held by the Department of Health. That same Division is the one the law charges with the school outreach plan.
Where to do it
For a missing sign, those empowered by the law are the Alcoholic Beverages Bureau of the Department of the Treasury and the Puerto Rico Police. For a sale to a minor, the Police. The Department of Health is the agency with the regulatory mandate and the outreach plan. If the product is conventional tobacco and not a vape, the applicable law is another one and has its own guide.
How long it takes
What to do if something goes wrong
Where what we can say ends. We did not read the Department of Health regulation the law ordered adopted within ninety days, and that regulation is what defines the product precisely and sets the sign rules — so we publish no dimensions, no exact sign wording, and no placement requirements beyond “prominent visible locations,” which is what the law says. Nor did we read Section 6042.08 of the Internal Revenue Code or the 1902 Act to Correct the Exploitation of Minor Children, both amended by articles of this law that the compilation omits; so we describe no revenue fines, licensing consequences, or criminal regime those other laws may contain. And note the statement of motives: it narrates the original intent of setting the age at eighteen. The operative articles say twenty-one and those govern.
Common mistakes
- Citing the statement of motives (eighteen) instead of the operative articles (twenty-one).
- Believing the sign duty is only for vape shops: it applies to every place that sells, donates, dispenses, dispatches or distributes.
- Thinking the business must design the sign: ASSMCA must prepare it and make it available.
- Expecting an immediate fine: the Treasury may give an initial notice with thirty days before fining.
- Ignoring that the fine is daily: fifty dollars per day after the first warning.
- Applying this law to conventional tobacco: that is a separate statute, with a different penalty.
Frequently asked questions
At what age can you buy a vape in Puerto Rico?
Act 41-2015 prohibits sale to minors and defines “minors” as every person under twenty-one (21) years of age.
What must the sign say?
The law describes its content as: the signs warning of the health risk from their nicotine and other substances content and the prohibition on sale to persons under twenty-one (21). The information is provided by the Department of Health in collaboration with ASSMCA, and ASSMCA prepares the sign and makes it available.
What fine applies if the business does not post the sign?
The Treasury may issue an initial notice or warning granting thirty (30) days to place them. The Alcoholic Beverages Bureau may issue a fine of fifty (50) dollars daily on a merchant who, after receiving the first warning, still defies the mandate.
Does the law require anything in schools?
Yes. The Secretary of Health was to establish an outreach plan through the Tobacco Control and Oral Health Division on the health effects of e-cigarette use, and that plan is sent to the Secretary of Education to be included in the work plan of primary and secondary grade teachers, with six (6) months to implement it.
Official sources
These are the government pages this guide is based on.
- Departamento de Salud de Puerto Rico
Salud
bvirtualogp.pr.gov
- Department of Health
Departamento de Salud
www.salud.pr.gov
Last verified
August 24, 2026
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