Vaping FAQs

what are the laws about underage vaping

by Dr. Meagan Gleichner Published 2 years ago Updated 1 year ago
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While the sale and possession of any products that contain nicotine to anyone under 18 are illegal, minors can possess nicotine-free vape pens.May 2, 2022

What is the legal age to vape?

The FDA provides the guidelines for federal law and regulation related to vape products, but it is the individual states that are responsible for actually enforcing them. In general, you can assume that your state treats the sale and use of vaping products by minors just as they do tobacco cigarettes – still sticking to the minimum age limit of 18.

Is vaping illegal for a juvenile?

Brief Synopsis: “Vaping” is illegal for a juvenile (and adult) in many areas one may not consider illegal, i.e. in cars with other minors (under 18), within 25 feet of a school playground or within 250 feet of a youth sporting event, among other places listed in this article.

What is the legal age to buy e-cigarettes in the US?

A federal law enacted on December 20, 2019, raised the federal minimum legal sales age for all tobacco products, including e-cigarettes, from 18 to 21 across the United States.

Does the FDA regulate vaping?

The FDA has a hand in the laws on vaping as well, categorizing e-cigarettes as a similar product to tobacco cigarettes (despite their differences). As a result, FDA regulations that are placed on tobacco cigarettes are similarly applied to e-cigarettes and vaporizers.

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What happens if you vape under 21?

For minors attempting to purchase or use vaping products, punishments include fines up to $50, education on health risks, and community services.

What is the punishment for vaping?

Most kids use vape pens because they cannot be easily recognized as e-cigarettes. Common punishments include community service, one-week suspension for first or second offenses, and even expulsion for repeated behavior.

What happens if you vape at 14?

Nicotine can harm the developing adolescent brain. The brain keeps developing until about age 25. Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood, and impulse control.

What happens if you are caught vaping under 18 in Idaho?

(6) Penalties for violations by a minor. A violation of subsection (1) of this section by a minor shall constitute an infraction and shall be punishable by a fine of seventeen dollars and fifty cents ($17.50).

What happens if a school catches you vaping?

Typical consequences may include confiscation of the vape, notification of parents, an administrative investigation and in some cases requiring the student attend an anti-smoking or anti-vaping class.

Can you test your kid for vaping?

Blood Test: A simple blood draw can detect traces of nicotine about two hours after use. Test priced at $70. Hair Follicle Test: This is a good option for parents who think their child has been either vaping or smoking nicotine for a long period of time and the child might stop using it just to get through the test.

Should I punish my kid for vaping?

Before giving them a harsh punishment, make sure you talk to them about why they're vaping and how often. Give them the low-down on the negative effects of vaping, but don't scare them into throwing it away. Always give them appropriate consequences and be consistent with your discipline approach.

What to do if a 1 year old hits a vape?

If you suspect your child was exposed to liquid nicotine that was spilled on the skin or swallowed, call the Poison Center hotline: 800-222-1222 immediately.

Can a 13 year old have a nicotine free vape?

It would be illegal for someone to sell you e-cigarettes, vape liquid or normal cigarettes at the age of 13. It isn't technically illegal for you to carry an e-cigarette but if you are caught in public the police can confiscate it from you.

Is it illegal to vape in a car with a child?

“'There are no laws prohibiting vaping – however, you need to be in full and proper control of your vehicle at all times.” Driving with your vision obscured by vapour could leave you open to a charge of driving without due care and attention – and worse should you cause an accident.

Can you buy Vapes online at 18?

The vape online store usually asks your age before you enter the website. It is a warning that young people under the age of 18 are advised not to smoke, even electronic cigarettes. But you can still buy one. Nothing happens, but the smoking of minors is irresponsible for their health.

What is the legal age to vape in Idaho?

21 years or olderBuyers have to show their photo ID to purchase e-cigarettes, hookah tobacco, or cigars, verifying that they are 21 years or older. These products cannot be sold in vending machines (unless in an adult-only facility).

What happens if you are caught vaping under 18 in Texas?

Violators may be fined up to $100. Exceptions apply if the minor is in possession or receipt of cigarette, e-cigarette, or tobacco products – while in the presence of an employer – in the performance of required job duties as an employee or in the course of supervised law enforcement activities.

How do you discipline a teenager for vaping?

Before giving them a harsh punishment, make sure you talk to them about why they're vaping and how often. Give them the low-down on the negative effects of vaping, but don't scare them into throwing it away. Always give them appropriate consequences and be consistent with your discipline approach.

What happens if you get caught vaping in Singapore?

In Singapore, it is an offence to sell, possess for sale, import or distribute e-vaporisers and related components. Any person who is convicted may face a fine of up to S$10,000 and jail up to six months. The penalty for possessing and using a vape is a fine of up to S$2,000.

What happens if you are caught vaping under 18 in California?

Possession of a vaping device by a juvenile is not a crime in itself, but using the device is when it becomes a crime. Under California Business & Professions Code § 22950.5(c), use of vaping devices is prohibited wherever smoking is prohibited.

Introduction

  • Good morning, Chairman Krishnamoorthi, Ranking Member Cloud, and Members of the Subcommittee. Thank you for the opportunity to be here today to discuss the Food and Drug Administration’s (FDA or the Agency) efforts to address youth use of electronic nicotine delivery systems, or ENDS, which include e-cigarettes. I am Janet Woodcock, Acting FDA Comm...
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Background

  • Let me start with some information on our tobacco regulatory authorities and our recent regulatory efforts regarding ENDS and e-cigarettes. Tobacco use is the single largest preventable cause of disease and death in the United States. Each year, more than 480,000 people in the United States die prematurely from diseases caused by cigarette smoking and exposure to toba…
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Regulatory Requirements For Ends Products

  • When the Deeming rule took effect in August 2016, many of the regulatory and legal requirements that had been in place for manufacturers of cigarettes, smokeless tobacco, cigarette tobacco, and roll-your-own tobacco since 2009, as well as several new requirements specific to deemed products, became applicable to manufacturers of e-cigarettes and other ENDS products. These i…
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Data on Youth Use of E-Cigarettes

  • FDA collaborates with the Centers for Disease Control and Prevention (CDC) to administer the National Youth Tobacco Survey (NYTS) to middle and high school students each year. The survey provides important data that allow us to understand current youth tobacco product use in a larger historical context. NYTS data from 2018 and 2019 showed disturbing increases in the use of e-c…
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FDA’s Actions to Address Youth Use of Ends Products

  • Protecting our nation’s youth from the dangers of tobacco products is among the Agency’s most important responsibilities, and we are taking aggressive steps to make sure tobacco products are not being marketed or sold to kids. Our work to protect youth from tobacco products is comprehensive and includes compliance and enforcement, premarket review, public education, …
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Conclusion

  • Thank you again for the opportunity to testify about FDA’s comprehensive efforts to regulate ENDS, including our actions to prevent youth access to, and use of, these products. The efforts described here are just a part of the important work FDA and the Administration are undertaking to protect children and youth from the harms of tobacco products. We still have much to accom…
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