MYNORTHWEST POLITICS

Judge denies injunction to stop Washington’s new nicotine tax

Jan 16, 2026, 3:31 PM

nicotine tax...

Vaping continues to cause problems in Washington State. (File photo: Robert F. Bukaty, AP)

(File photo: Robert F. Bukaty, AP)

A legal challenge to Washington’s new nicotine tax failed on Friday.

A judge denied an injunction to stop the 95% levy on nicotine products, which retailers say is crushing small businesses.

Attorney Jackson Maynard, representing vape retailers, called the tax “draconian” and said his clients are already being crushed.

“One of my clients, mentioned today in the hearing, is already paying $80,000 in the first two weeks on inventory that he’s already paid taxes on,” Maynard said.

Maynard vowed to keep fighting, saying the legislature “messed up in how they wrote the bill” and failed to properly amend the existing vapor product law or accurately reflect the tax change in the bill’s title.

KIRO Newsradio has reached out to the Washington State Department of Revenue for comment.

Washington implements nicotine tax

On Jan. 1, Washington implemented a 95% excise tax on all tobacco and nicotine products. All nicotine-containing products, including e‑cigarettes, nicotine patches, vapes, and synthetic nicotine, are affected by this tax.

KIRO 7 broke down how pricing changes this year. A nicotine product priced at $7 in 2025 will cost $15.06 after the excise and sales taxes are added.

Retailers and distributors will be required to report any inventory changes on their first tax return after the effective date.

Frank Lenzi is the News Director for KIRO Newsradio. Read more of his stories here.

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