Proposed law would require retailers to obtain a license to sell nicotine products in South Dakota

The bill aims to protect youth from commercial tobacco while holding retailers accountable

SIOUX FALLS, S.D., February 2, 2026 — Retailers in South Dakota could soon be required to obtain a license to sell commercial tobacco and nicotine products, including cigarettes, cigars, e-cigarettes, oral nicotine pouches and dip.

The measure proposed in House Bill 1220 — called tobacco retail licensure (TRL) — aims to reduce youth use of nicotine products while also holding retailers accountable for the products sold in their stores, according to the American Heart Association, a relentless force changing the future of health for everyone everywhere.

“These safeguards are essential as nearly 90% of people who use nicotine products started before age 19,” said Tony Burke, the government relations director for the American Heart Association in South Dakota. “If we are serious about reducing youth commercial tobacco and nicotine use, we must take greater action by holding accountable the businesses who are illegally selling products to underage individuals. Additionally, South Dakota is one of only nine states without such a program. Currently, businesses need a license to sell beer, style hair, or run a food truck – but not to sell commercial tobacco or nicotine products.”

TRL would provide a system to monitor and regulate the sale of commercial tobacco and nicotine products in South Dakota. Licensed retailers are more likely to comply with regulations, such as verifying the age of customers through ID checks and avoiding illegal sales of flavored products that are especially attractive to young people.

By introducing the bill, Rep. Brian Mulder and Sen. Carl Perry are showing leadership in preventing nicotine addiction among young people and reducing the availability of products that put our children’s health at risk. TRL will help create a safer and healthier environment for everyone in our state.

###

About the American Heart Association

The American Heart Association is a relentless force for a world of longer, healthier lives. Dedicated to ensuring equitable health in all communities, the organization has been a leading source of health information for more than one hundred years. Supported by more than 35 million volunteers globally, we fund groundbreaking research, advocate for the public’s health, and provide critical resources to save and improve lives affected by cardiovascular disease and stroke. By driving breakthroughs and implementing proven solutions in science, policy, and care, we work tirelessly to advance health and transform lives every day. Connect with us on heart.org, Facebook, X or by calling 1-800-AHA-USA1.   

For Media Inquiries:

Chrissy Meyer; chrissy.meyer@heart.org

For Public Inquiries: 1-800-AHA-USA1 (242-8721)

heart.org and stroke.org