States and territories have long regulated sales and taxation of traditional combustible and smokeless tobacco products. The U.S. Food and Drug Administration (FDA) began regulating traditional tobacco products at the federal level in 2009, and more recently began regulating e-cigarettes, also called vapor products and electronic nicotine delivery systems. Federal regulations include performance standards, sales and marketing methods, clearance or approval of some new tobacco products and labeling, testing and reporting of ingredients, among other things.
States continue to regulate combustible tobacco and e-cigarette use related to clean air laws, youth access, taxation and retail sales licensing and locations, to name a few policy areas. About a dozen states now include e-cigarettes in
their definition of “tobacco product.” Some states include vapor product use under their clean air laws, which may apply to indoor and outdoor public places. Even more states restrict e-cigarette use in specific public locations such as day care facilities, government property and outdoor venues.
At least seven states and the District of Columbia tax e-cigarettes and/or liquid nicotine, as of early 2017. Excise taxes collected for traditional tobacco sales may decline as adult tobacco users switch to or also use vapor products.
For more information about state regulation of e-cigarettes, please see the NCSL website listed above and the sources below. Sources: NCSL research, 2017. Association of State and Territorial Health Officials, E-cigarette Resource Library. January 2017. Public Health and Tobacco Policy Center, January 2017.