Alternative Nicotine Products | Electronic Cigarettes

10/10/2019

vaping devices

October 2019 Update

We are updating this page to include pertinent information about the 2019 lung disease outbreak related to vaping. We will update the rest of the page and state actions table below later in 2019 or early 2020.

Updated law and regulation overviews are available under the 2019 listing under Resources and News Items at the bottom of this page. Governors' Actions are highlighted here. 

Governors' and Health Department Actions

As of Oct. 1, 2019, no state legislature has acted to ban e-cigarettes or vaping devices. This list may not include every state action taken to date.

  • Michigan, Executive Order to Ban | Sept. 4, 2019 - The Michigan Department of Health and Human Services said the ban was effective immediately and gave retailers, including online sellers, two weeks to comply. The ban includes menthol and mint-flavored products and expires after 180 days if not extended. Michigan’s rules also ban any description of vapor products as “clean, safe, harmless or healthy” and limit advertising of vapor products near candy, food and soft drinks in stores.
  • California, Executive Order  | Sept. 16 ,2019 – “California Department of Public Health (CDPH) shall develop recommendations to reduce the availability of vaping devices to persons under 21 years of age, which shall include, to the extent permissible by law, establishment of warning signs about the health risks of vaping at retailers where any vaping product is sold and in an vaping advertisement, and increased enforcement regarding illegal sales of vaping products and specifically e-liquid flavors to youth.”
  • New York, Executive Order  | Sept. 15, 2019 – The “Department of Health shall work with the State Education Department to immediately develop and deploy materials, including and age-appropriate curriculum for use by school districts to increase awareness of the need to prevent e-cigarette, liquid nicotine and vape pen use. Such efforts shall include posting conspicuous signage warning against the dangers of illegal e-cigarette and e-liquid products as set out in the emergency regulations.” Department of Health also issued the following memo on Sept. 26, 2019 about menthol vaping products. As of Oct. 8, 2019, the state has decided to delay the ban on menthol until a court case is settled
  • Utah Department of Health  | Oct. 3, 2019 - The Utah Department of Health is enacting an emergency administrative rule to address the outbreak of vaping-related lung injury cases.
  • Rhode Island Department of Health | October 5, 2019 - The Rhode Island Department of Health (RIDOH) is promulgating emergency regulations in order to prohibit manufacture, distribution, sale, or offer for sale of, or the possession with intent to manufacture, distribute, sell, or offer for sale flavored electronic nicotine-delivery system products to consumers in Rhode Island. Also requiring licensing of electronic nicotine-delivery system distributors and dealers.
  • Hawaii Department of Health | Oct. 7, 2019 - The Hawaii Department of Health issued an advisory about vaping.
  • Washington State Board of Health | Oct. 9, 2019 - At Governor Insley's request, the Washington State Board of Health adopted an emergency rule banning vaping products for 120 days, including those containing nicotine and THC. 
  • Oregon Governor Kate Brown |  Oct. 11, 2019 - At Governor Brown's request, the Oregon Liquor Control Commission and the Oregon Health Authority enacted a six-month ban on the products -- including those with THC, the active chemical in marijuana, CBD and those with nicotine, effective Oct. 15, 2019. 

Federal Actions

The Food and Drug Administration announced Thursday, May 5, 2016, that it would take over the regulation of e-cigarettes and prohibit their sale to minors under age 18.

Tobacco and its use have been regulated for decades. Reports of the negative public and personal health effects of traditional forms of tobacco use have increased consumer awareness. This, in turn, has encouraged people and companies to look for alternative or potentially safer forms of adult tobacco and nicotine use. Electronic nicotine delivery systems (ENDS) --also known as vaporizers, digital, electronic or e-cigarettes--do not produce a combustible “smoke” like traditionally burned cigarettes, nor do they contain tar, a by-product of burning tobacco. Instead, they contain a small battery that converts a liquid from small cartridges into a water-based mist, which is expelled as vapor or aerosol.  They come in many forms, but most often look like a plastic or glass cigarette or rod. The liquid cartridges or tanks may contain various amounts of tobacco-based nicotine, synthetic nicotine, or no nicotine at all, and flavorings and propellants. Research studies on the personal and public health effects of the vapor produced by these products have been inconclusive.

This lack of consistent, scientific research has health groups divided. Some public health organizations believe that the products are not a safe alternative to traditional tobacco consumption and would like the Food and Drug Administration to regulate products as new or other tobacco products, as is allowed under the Family Smoking Prevention and Tobacco Control Act of 2009. Other health professionals assert that nicotine vapor products may be a risk-reduced method of nicotine use and therefore may help reduce use of traditional forms of tobacco with more serious health risks. While the FDA stated in 2011 that it planned to regulate e-cigarettes as a tobacco product, no rules or regulations have been issued.

On April 25, 2014, the FDA released proposed regulations for "Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act" These regulations would include electronic cigarettes and other alternative tobacco and nicotine products. See the statement above. 

State Actions

Electronic cigarette and liquid cartridge manufacturers, which include some traditional tobacco companies, state that they are looking for new, potentially safer ways, to allow adults to use nicotine and tobacco products where they otherwise face restrictions on smoking in public places.

Vaporizers have been gaining popularity in the U.S. and some state legislatures are taking action to regulate these products either similarly to other tobacco products, or as different products altogether.

The following actions have been taken in recent years to regulate the sale and use of electronic vaporizing products. 

The 2017 E-cigarette Legislation Table is a work in progress and hyperlinks will be updated as soon after new laws are adopted. This table may not necessarily include all state statutes or actions on this issue. This table will be updated in late 2019.

The box allows you to conduct a full text search or type the state name.

State Actions

State/Citation

Summary of policy/policies

Alabama
Ala. Code §28-11-2  (2013)

Defines alternative nicotine products, bans sales to minors under 19.

Alaska
Alaska Stat. §11.76.109 (2012)

Defines criminal behavior to include selling, giving or exchanging a product containing nicotine to a minor under 19.

Arizona
Ariz. Rev. Stat. Ann. §13-3622

Defines vapor product and crime of furnishing a vapor product to a minor under 18.

Arkansas
Ark. Stat. Ann. §5-27-233 (2013)

 §26-57-202 (2015)

Defines e-cigarette/vapor device and prohibits sale, giving or exchanging of products to minors under 18. Requires child-resistant packaging for liquid nicotine containers

California
Cal. Health & Saf Code §119405 (2013)

Proposition 56 (2016)

 

Defines e-cigarette device and prohibits sale or transfer of product to a minor under 18.

Proposition 56 created a wholesale tax of 27.3 percent effective April 2017.

Colorado
Colo. Rev. Stat. §18-13-121 (2014)

Defines e-cigarette as a tobacco product and prohibits sale or transfer of product to a minor under 18.

Connecticut
SB No. 24 Public Act No. 14-76
Defines electronic nicotine delivery system, vapor product, and prohibits sale of products to a minor under 18. (Effective 10/1/2014)
Delaware
HB 241 (2014)
HB 5 (2015)

Defines tobacco substitute and prohibits the sale of products to a minor under 18. (Signed by governor 6/12/14)

E-cigarettes added to the clean-indoor air law effective 10/5/2015. (Signed by the governor 7/7/15)
 

Florida
SB 224 (2014)
Prohibits the sale of nicotine dispensing devices to anyone under 18. (Signed by governor 6/13/14, effective 7/1/14)
Georgia
HB 251 (2014)
Defines alternative nicotine product and prohibits the sale to minors under 18. (Effective 7/1/14)

Hawaii
Hawaii Rev. Stat. §709-908

Defines electronic smoking device and prohibits sale or furnishing of product to a minor under 18.

Idaho
Idaho Code §39-5702  (2013)

Idaho Code §39-5703  (2013)

Idaho Code §39-5705  (2013)

Idaho Code §39-5706  (2013)

Idaho Code §39-5708  (2013)

Idaho Code §39-5714  (2013)

Idaho Code §39-5715  (2013)

Idaho Code §39-5717A  (2013)

Defines e-cigarette and prohibits sale or transfer of product to minor under 18 through in-person or vending machine sales. Imposes a fine for sales to minors. Prohibits delivery to a minor under 18.

Illinois
720 ILCS 675/1.5

 

Defines alternative nicotine products and prohibits distribution to a minor. Imposes a fine for sales to minors under 18.

Indiana
Ind. Code §35-46-1-1.5
Ind. Code §35-46-1-10
Ind. Code §6-7-2-5
Ind. Code §35-46-1-10.2

SB 463 (2015)

Defines electronic cigarette and tobacco products, and prohibits distribution to a minor. Imposes a fine for sales to minors under 18. Requires a tobacco sales certificate to sell electronic cigarettes after 8/31/15.

Iowa
HF 2109 (2014)
Defines electronic cigarettes as vapor products, also defines alternative nicotine product and prohibits distribution to a minor under 18. (Signed by governor 5/23/14)

Kansas
Kan. Stat. Ann. §79-3321 (2012)

Prohibits sale or distribution to a minor. Imposes a fine for sales to minors under 18. E-liquid tax of $0.20 per milliliter of consumable material and proportionate tax on all fractional parts otherwise. Effective 7/1/16. (Tax bill passed HB 1209 (2015))

Kentucky
SB 109 (2014)
Prohibits sale to a minor under 18. (Passed 3/31/2014, signed by governor 4/14/14)
Louisiana
SB 12 (2014)
Defines alternative nicotine products, electronic cigarettes and vaporizers, and prohibits sale to a minor under 18. (Signed by governor 5/29/14)
Maine
HP 763 LD 1108 (2015)
Defines "electronic smoking device" as a tobacco product which prohibits sale or distribution to minors under 18. (Enacted without governor's signature 7/4/2015)

Maryland
Md. Health-General Code Ann. §24-305  (2013)

Defines electronic device and prohibits sale or distribution to minors under 18.

Massachusetts
940 CMR 21.00 and 22.00 (2015)
Massachusetts Attorney General finalized regulations to prohibit the sale of e-cigarettes to minors as of 9/25/15. New child-resistant e-liquid packaging requirements.  Effective March 15, 2016. 
Michigan
SB 668 (2014)
Adds vapor and alternative nicotine products to youth tobacco act and prohibits sale or distribution to minors under 18. (Passed legislature, ordered enrolled 6/12/14- VETOED BY GOVERNOR on 12/31/14- New bill to ban sales to minors is pending as of 8/12/15)

Minnesota
Minn. Stat. §609.6855

Minn. Stat. §297F.01, subd. 19

Specific ecig/vapor tax information

Defines nicotine delivery products, tobacco-related devices and electronic delivery device, and prohibits sale to minors under 18.
Defines the taxing methods applied to e-cigarettes and alternative nicotine/vapor products. Requires child-resistant packaging for liquid nicotine containers.

Mississippi
Miss. Code Ann. §97-32-51 (2013)

Defines alternative nicotine product and electronic cigarette and prohibits sale to minors under 18.

Missouri
SB 841
Defines alternative nicotine and vapor products, and prohibits sale to minors under 18. States that alternative nicotine and vapor products are not to be regulated or taxed as tobacco products.  Vapor product does not include any alternative nicotine product or tobacco product.  (Sent to governor 5/12/14, who vetoed on July 15, 2014, but legislature overturned on September 10, 2014)
Montana
SB 66
Defines alternative nicotine products as a non-combustible product containing nicotine derived from tobacco that is intended for human consumption, whether chewed, absorbed, dissolved, etc... Does NOT include a tobacco product, a vapor product, or product regulated as a drug or device by the US FDA under Chapter V of the Federal Food, Drug and Cosmetic Act. Also defines a vapor product. Requires a license to sell alternative nicotine products or vapor products and prohibits sale or distribution of products to those under 18 years old. 
Nebraska
LB 863 (2014)
Defines alternative nicotine and vapor products and prohibits sale to minors under 18. (Signed by governor on 4/9/14)

Nevada
2013 Nev. Stats. Chap. 326

Nev. Rev. Stats.  §202.2485-§202.2497

Defines products made or derived from tobacco, which also prohibits sale to minors under 18.

New Hampshire
N.H. Rev. Stat. Ann. §126-K:2 (2013)

Defines e-cigarette, liquid nicotine, and tobacco product. Also prohibits sale to minors under 18.

New Jersey
N.J. Stat. Ann. §2A:170-51.4 (2013)

Defines and adds e-cigarette to list of tobacco-related items that cannot be sold to minors under 19. Creates a fine for selling to a minor.

New Mexico
SB 433 (Chapter 98)
HB 213
Requires child-resistant packaging for liquid nicotine, Prohibits sales and possession of e-cigarettes and nicotine liquids to minors under 18.

New York
N.Y. Public Health Law §1399-aa  (2013)
N.Y. Public Health Law §1399-cc  (2013)

Defines tobacco products, e-cigarette and bans sales to minors under 18.

North Carolina
N.C. Gen. Stat.  §14-313
HB 1050 (2014)

Defines tobacco-derived products and vapor products, and bans sales to minors under 18.

Taxes liquid nicotine at 5 cents per milliliter. 

North Dakota
NDCC 23-12-09

HB 1186 (2015)

Defines e-cigarette as a smoking device as it pertains to clean indoor air regulations. Defines electronic smoking device and alternative nicotine products. Bans sales to minors under 18. Prohibits sales to minors via mail, online or other electronic means. (Signed by governor 4/9/15)

Ohio

HB 144 (2014)

Defines e-cigarette as an alternative nicotine product and prohibits sales to minors under 18. (Signed by governor 3/4/14, effective 8/2/14)
Oklahoma
SB 1602 (2014)
Defines vapor product, prohibits sale to minors under 18 and prohibits use within 300 feet of schools. (Effective 11/1/2014)

Oregon

HB 2546 (2015)
 

Defines an inhalant-delivery system for nicotine or cannabinoids and prohibits the sale or distribution to minors. Prohibits the use of inhalant-delivery systems in cars with children under 18. Requires child-safety packaging. Includes prohibition of inhalant-delivery systems to the Oregon Clean Indoor Air Act. (Signed by governor 5/26/15)

Pennsylvania
Act 84 (2016)
Defines electronic cigarette as an "other tobacco product." Retail sales license required. E-cigarettes are taxed at the wholesale level at 40%. 
Rhode Island
HB 7021 (2014)
Defines and adds electronic nicotine delivery system to definition of tobacco products and prohibits sale to minors under 18. (Signed by governor 6/30/14)

South Carolina

S.C. Code Ann. §16-17-500

Defines alternative nicotine product and e-cigarette, also prohibits sale to minors under 18 if the product includes nicotine.

South Dakota
SB 181 (signed by governor 3/31/14)
Defines vapor product as a tobacco product and adds to list of products prohibited for minors under 18.

Tennessee
Tenn. Code Ann. §39-17-1502  (2013)

Tenn. Code Ann. §39-17-1503  (2013)

Defines electronic cigarettes and adds to list of tobacco products prohibited for minors under 18.

Texas

Tex. Health and Safety Code Ann. §161.252

SB 97 (2015)

Adds tobacco substitute or tobacco products to the definition of tobacco products prohibited for minors under 18. Defines e-cigarettes specifically as an item prohibited for minors under 18. (Signed by governor 5/28/15)

Utah

Utah Code Ann. §76-10-105.1 

Utah Code Ann. §76-10-101 

Defines e-cigarettes and requirements to sell e-cigarettes, and prohibits e-cigarettes for minors under 19.

Vermont

Vt. Stat. Ann. tit. 32 § 7702
Vt. Stat. Ann. tit. 7 §1005

Vt. Stat. Ann. tit. 7 §1003

VT SB 239 (2014, Effective Jan. 1, 2015)

Defines tobacco substitutes, paraphernalia, and products, to includes e-cigarettes and other vapor devices. Also prohibits sale to minors under 18.

 

Adds liquid nicotine cartridges to the list of products that must meet federal child-resistant effective packaging standards to be sold in the state of Vermont.

Virginia
§ 18.2-371.2 Chapter 357 (Signed 3/27/2014)

§ 22.1-79.5 - Chapter 326 (2014)

Prohibits the sale, distribution, and use of electronic cigarettes, vapor products and other alternative nicotine products to persons under the age of 18. Bans the use of electronic cigarettes on/in school property.

Washington
Wash. Rev. Code §26.28.080

Adds vapor products to items prohibited for minors under 18.

West Virginia
HB 4237

Prohibits the sale, distribution, and use of electronic cigarettes, vapor products, and other alternative nicotine products to persons under the age of 18. (signed by governor and effective 6/6/14)

Wisconsin
Wis. Stat. §134.66

Adds “nicotine products” to items prohibited for minors under 18.

Wyoming
Wyo. Stat. §14-3-301(a)(i) and § 35-7-1801 and 1802 

Defines “tobacco products” to include any product that is made from or contains nicotine. Defines electronic cigarette. Also prohibited for minors under 18. Requires child-resistant packaging for e-liquids. Requires the public health department to develop an education campaign about the comparable risks of tobacco products including smokeless and vapor nicotine products using peer-reviewed and science-based research. (Eff. 7/1/15)

District of Columbia
B 283

Tax info

Defines "other tobacco product" to include "vapor product," therefore prohibiting sale to minors under 18.
E-cigarettes are exempt from sales tax, however, have an excise tax of 67%. 
US Virgin Islands
ALS 7595
(2014)
Definites "electronic cigarette" and "alternative tobacco product" and prohibits sale to minors under 18.

Additional Resources

Resources and News Items*

*NCSL has gathered information from many health and tobacco-related blogs and organizations that study this issue.  Some of these resources come from an advocacy or industry perspective, and inclusion on this list does not imply an endorsement from NCSL.