Vaping FAQs

do smoking laws apply to vaping

by Dorothy Goyette IV Published 2 years ago Updated 1 year ago
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When a law is unclear about the definition of smoking, though, it's probably safe to assume that it applies to anything that involves lighting or heating and inhaling the substance. Many anti-smoking laws also apply to vaping and using electronic smoking devices such as e-cigarettes.

There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. 'No vaping' signage is not mentioned in any of the state laws and it is assumed that 'no smoking' signs do not apply to vaping.Feb 13, 2017

Full Answer

Is vaping considered smoking for insurance purposes?

Is vaping considered to be smoking for insurance purposes? On the whole, yes. Most insurance providers will class vaping as the same as smoking. So, you could still invalidate your policy if you tick the ‘non-smoker’ box on your life insurance policy and it turns out you’ve been using e-cigarettes.

What states is vaping illegal?

There are only a few states in the US that don’t regulate indoor vaping at all, and these are the states of Nebraska, Nevada, Rhode Island, and Tennessee. Laws involving vaping are continually evolving and changing based on new information and the advantages of using e-cigarettes versus traditional tobacco products.

Does vaping count as smoking?

On the whole, yes. Most insurance providers will class vaping as the same as smoking. So, you could still invalidate your policy if you tick the ‘non-smoker’ box on your life insurance policy and it turns out you’ve been using e-cigarettes.

What are the new laws for vaping?

What Are the New Vaping Laws? Before 2016, vaping wasn’t given much consideration. However, now that vaping has increased exponentially, law enforcement has been looking at it much more closely. All 50 states, including New Jersey, have banned the sale of vapes to anyone under the age of 21, and several states have taken the time to define exactly what a vape is.

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Does vaping count as a smoker?

On the whole, yes. Most insurance providers will class vaping as the same as smoking.

Is it legal to vape indoors in MN?

Smoking and e-cigarette use is prohibited in virtually all indoor public places and indoor places of employment, including: Bars, restaurants, and private clubs. Office and industrial workspaces.

Can you vape indoors in Tennessee?

The only states that do not regulate indoor vaping at all, be it by state territory or on a local level, are in the states of Nebraska, Nevada, and Tennessee.

Can you get fired for smoking a vape?

Can you fire an employee for vaping? If your company policy, state, or local law prohibits vaping at work, then yes, you can fire an employee for vaping at work.

What is the law on vaping indoors?

There is no law which forbids the use of vaping products in public places. However, rules on the use of e-cigarettes and vape products can be imposed by the setting which you are in. So, if you want to vape in a public place then it will be a good idea to check the policy on vaping before going ahead.

Are Vapes being banned in Minnesota?

The Minnesota Clean Indoor Air Act (MCIAA) prohibits the use of electronic cigarettes in indoor settings in the same manner as it prohibits smoking of tobacco products.

Are Vapes being banned?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul.

Can you smoke e cigs indoors?

The short answer as to whether vaping will impact indoor air quality is yes. If you vape or allow other people to vape in your home, over time it could pose a risk to your air ducts, which does impact your air quality.

Where is it legal to smoke indoors?

Smoking is permitted in a private residence, although not in areas used as a shared work-space. In flats with communal entrances or shared corridors, these must be smoke-free.

Is vaping the same as smoking in the workplace?

It is ILLEGAL for an employer or owner-operated business to allow any person to smoke in an enclosed space (with only certain exemptions). Smoking includes the use of an electronic smoking device, whether or not it contains nicotine. For example, the use of e-cigarettes and vape pens is prohibited.

Can you vape in Starbucks?

Vaping is considered smoking under Starbucks' no-smoking policy. This includes the patio.

Can a job tell you you can't smoke?

Health-Related Issue. Employers are prohibited from asking about an applicant's physical or mental health, and smoking falls under this category because it could suggest an applicant is more likely to suffer from smoking-related health problems such as respiratory ailments or even lung cancer.

Can I vape indoors at work?

However, e-cigarettes do not fall within the scope of this prohibition as they do not create smoke or burn tobacco. There is no separate law that regulates their use at work. Therefore it is up to employers to decide whether or not employees should be allowed to smoke e-cigarettes at work.

Can you vape in bars in Minnesota?

Indoor Smoking is Not Permitted Smoking and using electronic delivery devices is prohibited in all indoor areas within bars and restaurants. Special indoor smoking rooms and enclosed smoking shacks outside of restaurants are not permitted.

Can you vape inside hotel?

Only if it is a designated smoking room, if the room is a non-smoking room, then that includes vaping. What happens if you vape in a non-smoking hotel room? That will depend on your hotel's smoking policy, but expect a fine on checkout, usually in the region of $150-250.

Does Loon vape have nicotine?

Nicotine Salt, also known as Nic Salt, is a type of processed nicotine used in our pods.

How many high school students use e-cigarettes?

This policy was put into place once statistics have shown that over 3.5 million middle and high school students were regularly using vaporizers and e-cigarettes. Out of those 3.5 million, over 3 million used fruit-flavoured products and claimed the flavour was the reason why they were using the products.

Is e-cigarette available to youth?

As you can probably see, most countries around the world are aiming to make e-cigar ettes, vaporizers and other ENDS non-available and non-appealing to youth. As far as grown-ups are concerned, what they do is entirely up to them.

Can You Sell And Advertise Vaporizers And E-Liquids To Minors?

Seeing how FDA published a rule saying vapes are tobacco-derived products, selling and advertising to minors is forbidden by the law. Also, in early 2022, FDA also issues an enforcement policy on unauthorized cartridge flavouring that appeal to kids and minors. This policy stated that all manufacturers are to stop producing and selling all flavoured cartridge-based e-cigarettes and other ENDS within 30 days or they would risk enforcement actions from the FDA.

Do The Same Laws And Rules Apply Outside of the US?

No . There are different laws in place in different counties. For instance, in Canada, you are still legally allowed to produce, sell and use fruit-flavoured vaporizing liquids and according to DashVapes, the fruit-flavoured e-liquids are still the most popular out of all available flavours. To be fair, there were some changes regarding flavours, but it was mostly limited to changes in branding and naming, to make it less appealing to children.

Is smoking cigarettes the same as vaping?

Is smoking cigarettes the same as vaping? If you were to ask a regular smoker or someone that vapes, you would probably get the exact same answer from both of them – a resounding no. Both regular smokers and vapers agree on the fact that what they do isn’t the same and that the only thing that’s common is the fact that they both seem to enjoy nicotine.

Is vaping the same as smoking?

Well, the answer to that question isn’t that simple. You see, in the eyes of law, vaping and smoking are kind of one and the same. Vaping products are in great majority considered to be “tobacco” or “tobacco-derived” products. So, what does this all mean in practice?

Can you smoke a vaporizer in Canada?

That means you can’t pull out your device and start using it in any place where smoking is restricted. On the other hand, if you’re a passionate smoker and you’re looking for a healthier alternative to cigarettes – vaporizers might come in handy.

What states have e-cigarette laws?

Connecticut. As of July 6, 2015, Connecticut law (Public Act No. 15-206) regulates the use of e-cigarettes in public places. Areas that are prohibited include: restaurants, state buildings, healthcare facilities, school campuses and buildings, and child care facilities.

Is the FDA regulating e-cigarettes?

Though the FDA has standardized rules for e-cigarettes sales, the specific usage of them is regulated at the state level. The Public Health Law Center has gathered together every state’s regulation for e-cigarettes (as of June 15, 2016), which includes the specific state code / law reference.

Does Michigan have a smoking ban?

Michigan’s Smoke-Free Air Act of 2009 outlines the smoking laws within the state . The law does not specifically mention the use of electronic cigarettes. As such, it is assumed that ‘no smoking’ laws and signage do not apply to vaping. The state does have a comprehensive guide to current laws on tobacco products. ‘No smoking’ laws do prohibit smoking in public places, but these do not cover electronic cigarette use. It is assumed that ‘no smoking’ signage does not apply to e-cigarettes. We found no explicit mention of ‘no vaping’ signage and whether they prohibit the use of e-cigarettes.

Is there a law that prohibits smoking in public?

There are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use. ‘No vaping’ signage is not mentioned in any of the state laws and it is assumed that ‘no smoking’ signs do not apply to vaping. Click template to edit. Click template to edit.

Is Louisiana a smoke free state?

The Louisiana Smokefree Air Act (Jan. 2007) outlines the current smoking regulations in the state. Smoking is prohibited in outdoor public places, public buildings, and businesses. There are no current state regulations that prevent the use of electronic cigarettes in public places. Local ordinances may differ from those of state law. All Louisiana restaurants and workplaces are smoke-free. Though not adopted under the smoke-free law, e-cigarettes may be prohibited by certain workplaces. To our knowledge, no vaping signage is not mentioned in state law. More information on the Louisiana smoke-free laws can be found on the Tobacco Free Louisiana website.

Is there a smoking law in Kentucky?

Kentucky has limited smoke-free laws, which are found in the Kentucky Clean Indoor Air Act (1994). There are currently no regulations on vaping within the public places. It is assumed that ‘no smoking’ signage does not apply to e-cigarette use. Nor could we find any specific no vaping or no e-cigarettes signs or signage laws. There is currently a push to enact a smoke-free law that would protect workers.

Does Idaho have a smoke free zone?

The Idaho Clean Indoor Air Act (2007) outlines smoke-free laws within the state, which includes prohibiting smoking in public buildings, unless such building has a designated smoking area. The Clean Indoor Air Act does not set forth statewide legislation regarding the use of electronic cigarettes. State law does allow local ordinances to be passed, so we recommend checking with your city or town government to understand what is accepted. No Vaping signage is not mentioned in the law, but it assumed that no smoking signs do not have force of law for e-cigarette use.

What is an e-cigarette?

E-cigarettes and vaporizers are widely sold hand-held devices that deliver a vapor of heated liquid (e-liquid), which the user inhales. Rather than exhaling smoke (as happens with a traditional cigarette), the user exhales vapor. Although these devices don't contain or burn tobacco, most e-liquids they vaporize contain nicotine derived from tobacco.

Does the law prohibit vaping?

When the Law Does Not Prohibit Vaping. Although the trend is to prohibit smoking (and vaping) in multi-tenant properties, in some states no law or ordinance prohibits vaping (let alone smoking tobacco) in individual units in multi-family rentals, and even in common areas.

Can you smoke in a multifamily apartment?

Although the trend is to prohibit smoking (and vaping) in multi-tenant properties, in some states no law or ordinance prohibits vaping (let alone smoking tobacco) in individual units in multi-family rentals, and even in common areas. Tenants who desire smoke- and vape-free environments must look for properties whose owners have imposed their own rules. But what about the tenant who lives in a property that is subject to no smoking or vaping law, ordinance or policy? Is that tenant out of luck when it comes to successfully protesting the presence of vaped e-liquids? Fortunately, this tenant might have one or more powerful tools to compel landlords to snuff out both smoke and vapors.

Is vaping safer than smoking?

For this reason, e-cigarettes have been touted as safer than traditional tobacco products such as cigarettes, pipes, and cigars. However, research has increasingly shown ...

Does Minnesota have a vaping law?

As vaping entered the picture, legislators amended their laws to include tobacco vapors. For example, the Minnesota Clean Indoor Air Act originally covered only smoked tobacco; it was amended in 2019 to include tobacco vapors. Many other states have changed their no-smoking laws to include e-cigarettes, such as California, Colorado, and New Jersey.

Can landlords restrict tobacco use?

Landlords and tenants are familiar with the question of tobacco use in residential settings. Landlords have the right to restrict tobacco use on their properties (both single-family and multi-tenant).

Do e-cigarettes contain nicotine?

Although these devices don't contain or burn tobacco, most e-liquids they vaporize contain nicotine derived from tobacco. The U.S. Food and Drug Administration (FDA) considers e-cigarettes, vaporizers, all related accessories, and e-liquids (even those that are nicotine-free) to be tobacco products. E-cigarettes and vaporizers come in many shapes ...

How old do you have to be to vape?

It is illegal to use a vaping device by anyone under the age of 18 years old (including eLiquids) because they are not considered safe for minors or people who do no have legal capacity.

Is vaping legal in Illinois?

Is Vaping illegal In Illinois? No. Vaping is not illegal in Illinois, but there are many laws and regulations that apply to vaping products as well vape shops across the state of IL.

Is vaping a tobacco industry?

The vaping industry is a new, evolving sector of the tobacco market. As such, there are many laws surrounding this growing industry that may not be well-known to vapers or vape shop owners.

Is it illegal to vape on a train?

It’s illegal to use a vaping device while driving or riding on the bus/train (even if you’re just using it as an eLiquids container) because of safety concerns about what could happen with vape liquid spilling out and getting on someone else.

mistahmarblez Full Member

I was told not to vape in a Wendy's. Don't they have to have signs posted saying not to vape? I feel that it should be allowed due to the fact that there is no tar, odor or any other garbage that is in cigarettes.

KjAthena Vaping Master Verified Member ECF Veteran

It is polite to ask in anyone's home or business....That being said I l livein Florida and and have vaped almost everywhere...do not attempt to vape in any state buildings such as government offices or courthouses....as they have enacted bans there

MissMcVayp Super Member ECF Veteran

I believe there are no laws (yet) re vaping in Florida, but bottom line is a restaurant or any other place of business has the right to ask someone to leave. And as many (other customers) may not be comfortable with vaping, the managers may ask you to stop or leave. Could you fight it legally? Who knows...

Miata GT Ultra Member Verified Member ECF Veteran

My personal view on vaping is that I don't vape anywhere I did not previously smoke, except inside my house. I don't think it's reasonable to vape anywhere that smoking is not generally allowed as I feel it is an affront to those who neither smoke nor vape.

Bunnykiller ECF Guru Verified Member ECF Veteran

There should be laws inacted to keep people from leaving methane by products of the digestion process in elevators too. Enter elevator hit floor 19 button, immediately start hitting floor 2,3,4,5 buttons while holding breath to escape elevator.

Kristin0624 Super Member Verified Member ECF Veteran

Bradenton here. I vape at the laundromat and sometimes Walmart. Restaurants, I go outside like I did when I smoked. There has been the occasional time a server has seen me pick up my pv to go outside, and the section has been slow, so they've given permission.

bulldog63h Super Member Verified Member ECF Veteran

In someone else's house, I ask for permission every time. Not each time I go to vape, but each separate day. Small, privately owned businesses, same thing. Walmart, theaters and such, I stealth vape, but I do it openly. I make sure I'm not blowing clouds, but I don't try to hide my pv. I've never had any issues.

What is the purpose of smoke free laws?

The primary purpose of smokefree laws and policies is to protect people who do not smoke from secondhand smoke. 1 However, smokefree laws can also motivate and help tobacco users quit and prevent initiation of tobacco use. Studies have shown that the implementation of smokefree laws and policies can increase cessation and reduce smoking prevalence ...

Why are smokefree laws important?

In 2014, the U.S. Surgeon General concluded that smokefree laws in workplaces and communities help smokers quit and reduce tobacco use. In addition, smokefree workplaces and communities make youth and young adults less likely to start smoking due to a number of factors, including lower visibility of people who smoke, fewer opportunities to smoke alone or with others, and reduced social acceptability for smoking. The implementation of smokefree laws also increase the adoption of voluntary smokefree rules in homes, which can further protect those who do not smoke—especially those most vulnerable that are exposed to secondhand smoke in the home, such as children. 1

How much does smoking cessation increase?

Eleven studies found that smokefree laws and policies in workplaces were associated with a median 6.4% increase in tobacco use cessation.

How many studies of smokefree laws were published in 2010?

In 2010, a Cochrane review of 23 studies of smokefree laws reporting measures of active smoking reported: 4

Does smoke free work reduce cigarette consumption?

There is sufficient evidence (the highest level of evidence under the report’s rating scale) that smokefree workplaces reduce cigarette consumption among people who continue to smoke.

Do condos have to be smoke free?

Residents of multi-unit housing, like apartments or condos, are particularly likely to be exposed to secondhand smoke. Approximately 25% of the U.S. population lives in public or private multi-unit housing. 8,9 In 2016, the U.S. Department of Housing and Urban Development finalized a rule requiring public housing authorities to prohibit smoking in their buildings, including in residents’ units. The policy was combined with promotion of tobacco cessation and cessation resources. Promoting cessation services together with smokefree policies in multi-unit housing could help motivate those who smoke to quit, and may encourage more private multi-unit facilities to adopt smokefree policies. 10

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