Vaping FAQs

is vaping under state law

by April Deckow Published 1 year ago Updated 1 year ago
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Laws regulating the use of electronic cigarettes, also known as "vaping", vary across the United States. Some states and municipalities prohibit vaping in every location where smoking is prohibited, while others contain more permissive laws or no laws at all regarding vaping. Contents

As of June 30, 2022, all 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Palau, Puerto Rico, and the U.S. Virgin Islands have passed legislation prohibiting the sale of e-cigarettes to underage persons.

Full Answer

What states banned vaping?

New York, New Jersey and Rhode Island have barred the sale of flavored vaping products. Massachusetts banned all flavored tobacco items, including flavored cigars, cigarettes and vaping goods. The state has attempted a ban twice before.

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.

Is vaping considered smoking by law?

Is vaping considered smoking by law? Regulation of electronic cigarettes depends on the state. The possession of electronic cigarettes and other vaping devices differ from state to state across the US. The Food and Drug Administration (FDA) regulated e-cigarettes and vaporizers as tobacco products. The list also includes vaporizers and other ...

Should vaping have the same rules as smoking in public?

While smoking is banned indoors everywhere, e cigarettes are allowed in some pubs, cafes and restaurants. The discussion was prompted when officers amended their draft statement of licensing policy to say vaping ‘isn’t unlawful, just treated in the same way as smoking’.

Why is it important to stay compliant with vaping laws?

What age can you buy a vape?

Where is smoking banned?

Where are tobacco substitutes banned?

How old do you have to be to buy e-cigarettes?

Is vaping banned in Hawaii?

How do state laws change?

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What states have a ban on vaping?

U.S. bans on flavored vapes and online salesArkansas – online sales ban. ... California – flavor ban (on hold until 2022) ... Maine – online sales ban. ... Massachusetts – flavor ban. ... New Jersey – flavor ban. ... New York – flavor ban + online sales ban. ... Oregon – online sales ban. ... Rhode Island – flavor ban.More items...•

Is vaping regulated in the US?

Starting in 2016, the agency was able to begin regulating e-cigarettes—this time as tobacco products. Under those regulations, companies must submit an application to FDA to keep selling existing e-cigarette products or to sell new products.

Is vaping indoors illegal in Kansas?

Kansas LAWS & TAXES Kansas' Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited. However, vaping is prohibited on all Department of Corrections property and grounds.

Is it illegal to vape in NY?

NYC laws include all e-cigarettes, regardless of nicotine content. NYC laws prohibit: The use of e-cigarettes in all places where smoking is prohibited, including residential common areas, restaurants, sports arenas and workplaces. The sale of e-cigarettes to anyone younger than 21.

Are vapes going to be 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.

Is vaping considered smoking?

Vaping is not smoking, but some people find vaping works to help them quit because it offers experiences similar to smoking a cigarette. Vaping has a similar hand-to-mouth action as smoking, and it can also be social.

Can I vape in Walmart?

Can I vape in Walmart? No, you cannot legally vape in Walmart. You can vape 25 feet or more away(outside) from the entrance of the store. Anything else violates the clean air act.

What are the laws on vaping?

You must be 18 or over to buy e-cigarettes or e-liquids in the UK. It is also illegal for vape adverts to include models who appear to be under the age of 25. These measures are in place to prevent children from taking up vaping.

Is vaping worse than smoking?

1: Vaping is less harmful than smoking, but it's still not safe. E-cigarettes heat nicotine (extracted from tobacco), flavorings and other chemicals to create an aerosol that you inhale. Regular tobacco cigarettes contain 7,000 chemicals, many of which are toxic.

Why are vapes banned in New York?

They're all illegal. New York first outlawed flavored vapes in 2019 in response to a teen vaping epidemic fueled by candy-flavored nicotine smoke. Kids come for the sour apple and cotton candy; they stay because they get addicted to the nicotine.

How old do you have to be to vape NY?

21Article 13-F Section 1399-CC of the NYS Public Health Law prohibited the sale of tobacco and vapor products and smoking paraphernalia to people under the age of 21.

Can you vape on the streets of New York?

Public Spaces Covered by the Smoking Ban Smoking and vaping is prohibited in the following areas: All New York City parks except median strips. Beaches and boardwalks. Public golf courses.

Is vaping regulated by the FDA?

FDA PRIORITIZES ENFORCEMENT AGAINST CERTAIN ILLEGALLY MARKETED ENDS. FDA's scientific review of vaping products ensures they are appropriate for the protection of public health. The agency continues to monitor the marketplace to protect youth from certain illegally marketed ENDS products.

Has vaping been approved by the FDA?

To date, no e-cigarette has been approved as a cessation device or authorized to make a modified risk claim, and more research is needed to understand the potential risks and benefits these products may offer adults who use tobacco products.

What vape brands are FDA approved?

Other products authorized by the FDA include the Vuse Solo, Vuse Ciro, Vuse Vibe, Logic Pro, and the Logic Power.

Are disposable vapes FDA approved?

None of the disposable vapes currently popular have received authorization from the FDA, although some disposable manufacturers have submitted premarket tobacco applications (PMTAs), and some have challenged FDA marketing denial orders (MDOs) in court or through FDA administrative appeals.

Vaping Laws by State 2022 - worldpopulationreview.com

Currently, there are 29 states with specific laws around how to package vaping products. They make sure that each packaged product has the necessary precautions to prevent children from accessing them, like: including the danger of using the product, reminding the buyer that the product isn’t for children, making sure that all caps on products are tightly secured, and wrapping all products ...

State by State Restrictions on Vaping Products - Electric Tobacconist

As a result of the PACT Act, USPS can no longer ship vaping products. Please read our Vape Mail Ban page for more information.. Electric Tobacconist complies with all federal and state-specific laws and regulations.

New vaping laws to kick in from October – Atlam Group

From 1 October 2021 you will no longer be able to buy or import nicotine vaping products from overseas websites without a valid doctor's prescription.

U.S. E-Cigarette Regulations - Public Health Law Center

This snapshot of U.S. e-cigarette regulations is based on a survey of current state statutes in the 50 states, Washington, D.C., and five U.S. territories in the following areas: definition of “tobacco product,” taxation, product packaging, youth access/other retail restrictions, licensure, and smoke-free air legislation.

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 states have vaping laws?

Some states include e-cigarettes or vaping in their statutory definition of smoking, tobacco, or nicotine. These states include Colorado, California, Delaware, District of Columbia, Hawaii, Indiana, Maine, Maryland, ...

Where is vaping banned?

School buildings, playgrounds, college campuses, childcare facilities, and hospitals are places where vaping is often banned by specific statute. If you work in one of these facilities there is a good chance that you will have no right to vape, even in the absence of a state statute that expressly bans vaping in the workplace.

What is the act of inhaling an aerosol, or vapor, that’s produced by an electronic?

You may not know precisely what it means, but more than likely you’ve at least heard of the term “vaping.”. Vaping is the act of inhaling an aerosol, or vapor, that’s produced by an electronic cigarette ("e-cigarette").

What is the definition of smoking in California?

At the same time, Section 22950.5 of California’s Business and Professions Code defines “smoking” to include “an electronic smoking device that creates an aerosol or vapor, in any manner or any other form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.”.

What are the rules of vaping?

While the rules surrounding vaping are subject to change, there are two rules of thumb that you should follow: Comply with your employer’s Vaping policy. In general, private employers have broad discretion when it comes to instituting work-related policies.

Is vaping legal at work?

Many states and local governments have banned vaping e-cigarettes at work. In most of the country, workplace smoking is either banned or highly regulated by state law. In states where smoking is permitted at work, it is often limited to a designated area of the work premises and may be illegal within a certain distance of ...

Can an employer ban vaping?

If your employer has banned vaping there is a good chance it is legally entitled to do so by state statute, administrative code, or locally enacted regulations. In addition, remember, your employer is generally entitled to act even when there is no state law or regulation on the books.

Why do teens vape?

More than 2,700 teens have been hospitalized with lung damage. Despite the dangers, vaping continues to grow in popularity. An estimated 5,700 young people start vaping every day!#N#Some reasons teens vape is because they believe it is safer than smoking cigarettes. Other reasons are:

How old do you have to be to smoke in Texas?

In Texas, an individual must be at least 21 years old to legally buy or own tobacco products, including e-cigarettes or vape devices.

Is vaping dangerous for teens?

Vaping devices are small and easily concealed. Millions of teens vape, but research shows most don’t know vaping exposes them to addictive and dangerous chemicals . The more you know about vaping, the better you can help teens avoid its dangers.

How many states have vaping laws?

They are also there to remind the buyer that children cannot use the products. Currently, there are 29 states with specific laws around how to package vaping products.

What is vaping in a vape?

Vaping is inhaling vapor created by a vape. Vapes have cartridges filled with liquid containing nicotine, flavoring, and other chemicals. The vape heats this liquid, turning it into the vapor that the user inhales. According to Johns Hopkins Medicine, here are five important vaping facts:

What is a vape license?

This law means that with their license or permit, they can sell, refill, and distribute: A vape, also known as an electronic cigarette, is a device that simulates smoking tobacco. Vaping is inhaling vapor created by a vape. Vapes have cartridges filled with liquid containing nicotine, flavoring, and other chemicals.

What are the bans in Kentucky?

Bans: Prohibited on property owned by the state Executive branch, including vehicles; in some health facilities, veterans’ parks, fairgrounds, and highway rest areas; and in underground mines.

Where are smoking bans?

Bans: Prohibited at childcare buildings, playgrounds, schools , and where smoking is prohibited. Also banned at most colleges and universities in their regulations and state-run veteran homes except in designated areas.

Is vaping legal in 2021?

Vaping Laws By State 2021. Vaping has become another alternative people choose instead of smoking cigarettes. Nonetheless, they still carry the same amount of disadvantages as cigarettes. This fact is why they also have various rules and restrictions around their use in all states. There are vaping laws in effect in the states eragrding their ...

Do you need a license to sell vape pens?

Multiple states have passed laws that require convenience stores to have licenses or permits to sell these products. In fact, as of December 2019, 29 states have adopted this law, making this a requirement. This law means that with their license or permit, they can sell, refill, and distribute: Vaping liquid. Vape pens.

What cities have banned vaping?

Localities with vaping bans that include all bars and restaurants (7 total): Abbeville, banned in all enclosed workplaces, including bars and restaurants. Cheneyville, banned in all enclosed workplaces, including bars and restaurants. Hammond, banned in all enclosed workplaces, including bars and restaurants.

When was vaping banned in Madison?

Daphne, August 18, 2014 banned in enclosed facilities owned, operated or leased by the city, including vehicles; vaping can also be prohibited where there is an owner, operator, manager, or other person having control of a place meeting certain criteria. Madison, November 24, 2014, banned in all city buildings.

What is a pictogram for vaping?

A pictogram used to denote a vaping ban. The following is a list of vaping bans in the United States. For federal regulation concerning the legal status of the sale of electronic cigarettes products in and outside the United States, see the worldwide regulation of electronic cigarettes .

Which cities are banned in all enclosed workplaces?

Danville, banned in all enclosed workplaces, including bars and restaurants, as well as within ten feet of the entrance of any such place. Glasgow, banned in bars and restaurants, but not all other workplaces. Lexington, banned in all enclosed workplaces, including bars and restaurants.

Which cities are banned in bars and restaurants?

Lakewood, banned in all enclosed workplaces, including bars and restaurants. Littleton, banned in bars and restaurants, but not other workplaces. Louisville, banned in bars and restaurants, but not other workplaces.

When was Anniston banned?

Anniston, July 1, 2013, banned in all enclosed workplaces, including bars and restaurants

Why are e-cigarettes banned?

This is because of their potential for non-users to be exposed to chemicals and e-cigarette aerosol in indoor areas.

When will vaping be banned in Florida?

In 2018, the state of Florida voted to ban vaping in most indoor workplaces within the state with the measure coming into effect in July 2019.

How old do you have to be to vape in Florida?

The Legal Age For Smoking In Florida: 21 years old.

How old do you have to be to buy Juul pods in Florida?

In order to buy juul pods in the state of Florida, you have to be at least 21 years old.

Can you vape in Florida?

Yes, at the moment flavored vape products – including pods and cartridges – are allowed in the state of Florida.

Is it legal to vape in Florida?

Yes, technically it is legal to vape in several public places within the state of Florida but only if curtesy and respect is shown to those who don’t vape.

Is vaping legal in Florida?

Is vaping THC legal in Florida? No, The use of THC is not legal in Florida, and vaping it would be illegal as well under the same laws prohibiting smoking marijuana or tobacco products indoors (CAAA).

Can you vape while driving?

If you chose to vape when driving, it is technically allowed but comes with a level of personal responsibility.

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.

What is the purpose of the vapor law?

The law accomplishes the following: Establishes important youth access protections to reduce illegal youth access to vapor products, including packaging requirements such as child-resistant packaging. Provides penalties for those who do not comply with new requirements. Regulates Internet and distribution markets.

Where is vapor product prohibited?

School buses. Elevators. The use of vapor products is prohibited in the following outdoor areas: Outdoor areas of property upon which a child care facility is located and which are under the control of the child care facility.

What is vapor product?

Vapor products include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an e-cigarette, e-cigar, e-cigarillo, e-pipe, or similar product or device.

When did the tax on vapor products become effective?

These rules become effective on August 8, 2016. While tastings or sampling of vapor products containing nicotine at no cost are illegal after this date, ...

Is it illegal to possess vapor products?

Under 21 – It is illegal for minors to possess, purchase or attempt to purchase, or obtain or attempt to obtain vapor products. Minors may be cited with a civil infraction for these actions. Over 21 – Adults may be cited with a gross misdemeanor for furnishing vapor products to minors.

Who has the authority to regulate indoor vapor products?

Local governments are granted the authority to enact ordinances regulating indoor vapor products use in public places provided such ordinances are otherwise consistent with the provisions of the new law. The law introduces location restrictions within the following indoor places:

Does a vapor product contain nicotine?

The law regulates all vapor products, whether or not they contain nicotine. Additionally, new federal tobacco laws now apply to ENDS (Electronic Nicotine Delivery Systems that contain tobacco or nicotine,) cigars, hookahs, pipe tobacco, and dissolvable tobacco and gels. Vapor products include any electronic cigarette, electronic cigar, ...

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

What age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

How do state laws change?

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.

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