Vaping FAQs

what states is vaping banned in

by Gayle Morar Published 2 years ago Updated 1 year ago
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U.S. bans on flavored vapes and online sales
  • Arkansas – 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.
Sep 14, 2022

Is vaping legal in all 50 states?

As of June 30, 2022, 17 states (California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah and Vermont) the District of Columbia and Puerto Rico have passed comprehensive smokefree indoor air laws that ...

Will vaping be banned in the US?

After a two-year review, the Food and Drug Administration announced Thursday it will ban all vaping and e-cigarette products sold by Juul. It's part of a series of more aggressive moves by the FDA to target vaping and smoking.

Is vape illegal in Texas?

The more you know about vaping, the better you can help teens avoid its dangers. In Texas, an individual must be at least 21 years old to legally buy or own tobacco products, including e-cigarettes or vape devices.

Why did the US ban vaping?

The US is banning the sale of all products sold by Juul, one of the country's top e-cigarette companies. The Food and Drug Administration (FDA) said it did not have enough data to be sure that marketing the firm's products was "appropriate for the protection of public health".

Are vape products being banned 2022?

STAT reviewed 120 letters issued to vaping companies between August 2021 and May 2022, covering bans on some 274 named products. According to company websites and information provided by vape shops by phone, at least 139 of the products are still being sold — more than 50% of the products named in those warnings.

Why is vaping healthy?

This is because using e-cigarettes, when not used in combination with regular cigarettes, produce a significantly lower level of carcinogens and chemicals than do traditional tobacco cigarettes, the study found.

Is vaping worse than smoking?

Also known as vapes or e-cigs, they're far less harmful than cigarettes, and can help you quit smoking for good.

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.

Is it better to vape or smoke?

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.

Are Juuls illegal now?

A federal court has temporarily put on hold an FDA ban against the company's vaping products. Juul can continue to sell its electronic cigarettes, at least for now, after a federal appeals court on Friday temporarily blocked a government ban.

Is Juul being banned?

In late June, the Food and Drug Administration (FDA) ordered Juul Labs Inc. to remove all of its e-cigarettes from the U.S. market, a move applauded by many concerned about e-cigarette use among youth.

Why did FDA ban Juul?

The FDA's denial didn't focus on any of those very public mistakes. Instead, the agency ordered Juul off the market because “insufficient and conflicting data” raised concerns about genetic damage and chemicals leaching out of Juul's e-liquid pods.

Why vaping should not be banned?

Even the federal government has suggested it might push for a ban on some vaping and e-cigarette related products. But these products have been shown to be effective at helping smokers quit — more effective, in fact, than any other nicotine-replacement therapy on the market, including nicotine patches and nicotine gum.

Why vapes should be banned?

Moreover, vaping increases the risk a teen will smoke regular cigarettes later. “The addiction to nicotine and later conversion to (or dual use with) regular cigarettes are the greatest concerns,” says Roy S. Herbst, MD, Yale Medicine's chief of medical oncology at Yale Cancer Center.

Where is vaping banned in the world?

These are the countries where vaping is banned: Antigua and Barbuda. Argentina. Australia (unless you have a prescription)

Is vaping still safe?

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.

Which state banned vaping?

New York on Sept. 17 became the first state to actually implement a statewide ban on most flavored nicotine vaping products, just days after Gov. Andrew Cuomo called for emergency action. Cuomo’s policy drew some derision from public health advocates, however, because it does not restrict the sale of menthol-flavored products.

What is the state of Washington's vaping ban?

In Washington state, health officials on Oct. 9 passed an emergency rule banning the sale of flavored vaping products. The 120-day rule went into effect following an executive order from Gov. Jay Inslee, who called on the state’s Board of Health to ban all flavored vaping products, including those containing THC. The decision was met with fierce opposition from e-cigarette users who said they had used the products to quit smoking, as well as vape shop owners. Some chanted “shame” at the Board of Health’s voting session, the Seattle Times reports.

How long is the Michigan vaping ban?

The emergency ban was made official on Sept. 18, and was set to last 180 days. Retailers were given two weeks to comply with the policy—but on Oct. 15, a Michigan Court of Claims judge sided with retailers who claimed in a lawsuit that Whitmer overstepped her authority by enacting the ban, the Detroit Metro Times reports. The judge’s injunction, which lasts six months, means shops can once again sell flavored vaping products, the Metro Times reports.

How long is the vaping ban in place?

NBC 10 News reports it will be in place for 120 days afterwards. The state can then extend it for another 60 days. At the signing of the order, Raimondo called vaping a “public-health crisis” for children, and said she is convening a group of medical experts to advise her on the best ways to contain the problem.

Why did Massachusetts ban marijuana?

A release from Baker’s office suggests that Massachusetts lawmakers chose to ban both marijuana and nicotine products due to continuing uncertainty over what is causing the lung illnesses reported across the country.

Which city has banned e-cigarettes?

Over the summer, San Francisco —where Juul is based— became the first major U.S. city to ban the sale of all nicotine e-cigarette products. A Juul-backed coalition opposes the ban, and it will go before a public vote in November. The Los Angeles County Board of Supervisors is moving toward a similar ban on flavored products.

When did the vape ban take effect in Montana?

The rules were set to take effect on Oct. 22, but a Montana judge on Oct. 19 signed a temporary restraining order that blocked the policy, after vape shop owners filed a lawsuit claiming the action was overly restrictive and could put stores out of business.

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 ).

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.

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.

Where do vaping bans happen?

Most vape bans in the U.S. happen at the state and local levels .And while a few California cities—notably San Francisco—have banned sales of all vaping products, most American vape restrictions involve flavors and online sales. There are only a few of each, despite the large number of vaping bans that have been proposed in state legislatures in recent years—proof that grassroots opposition can stop bad legislation.

How many countries have banned vaping?

There are more than 40 countries that have some type of ban on vaping—either on possession and use, sales, or importation, or a combination. What we have attempted here is to list U.S. state flavor and online sales bans, and the sales and use bans imposed in other countries.

Which cities have flavor bans?

Major cities with flavor bans include Chicago, IL; Oakland and San Jose, CA; and Boulder, CO. Hundreds of smaller cities and counties—mostly in California—have flavor bans, as do some larger cities whose bans have since been superseded by state bans (like New York City and Newark, NJ)

Is there a central repository for information on vaping laws?

Our list is extensive, but maybe not definitive. Laws change frequently, and there is no central repository for information on worldwide vaping laws that is updated in real time. While our list includes some original research, these are the primary sources:

Does the FDA regulate vaping?

The FDA has federal authority to regulate vaping products. In September 2020 the agency began reviewing Premarket Tobacco Applications (PMTAs), and has signalled it will not authorize flavored products without extraordinary evidence. Whether the agency will be successful creating an unwritten standard that eliminates legal flavored products (except tobacco and menthol) may be determined by federal courts.

When did e-cigarettes start being banned?

shores in 2007.

Which countries have no laws on vaping?

Asia. Bangladesh . Bangladesh currently has no laws or regulations specific to vaping. However, in December 2019 a health ministry official told Reuters that the government is “actively working to impose a ban on the production, import and sale of e-cigarettes and all vaping tobaccos to prevent health risks.”. Bhutan.

Where is the vaping ban?

San Francisco, California, has enacted a temporary ban on the sale of all vaping products.

Which states have banned menthol?

Massachusetts. New Jersey. New York. Additional Restrictions and Flavor Bans. Chicago, Illinois, has temporarily banned the sale of flavored nicotine products, including menthol.

Is menthol legal in New Jersey?

New Jersey has also banned the sale of flavored nicotine products, including menthol and any nicotine-free items (excluding tobacco).

Is there a ban on menthol in Massachusetts?

Massachusetts has enacted a temporary ban on the online sale of flavored nicotine products, including menthol, and any product with a nicotine strength over 35mg.

Is menthol banned in Illinois?

Chicago, Illinois, has temporarily banned the sale of flavored nicotine products, including menthol. This ban does not include flavored nicotine-free products. Massachusetts has enacted a temporary ban on the online sale of flavored nicotine products, including menthol, and any product with a nicotine strength over 35mg.

Does Electric Tobacconist have a state-specific law?

Electric Tobacconist complies with all federal and state-specific laws and regulations. Please see below for a list of state-based restrictions related to vaping products.

Is menthol legal in Pennsylvania?

Philadelphia, Pennsylvania, has enacted a ban on flavored nicotine products, including menthol. This ban does not include nicotine-free liquid. The city also prohibits the online sale of e-liquid that contains nicotine salt.

Which state banned flavored e-liquids?

New York was the first state to actually pass and implement a statewide ban of flavored e-liquids. The ban was meant to be permanent, but was eventually ruled unlawful in court… a recent ruling favored the state and it appears that the ban may be temporarily in place.

How long is the Massachusetts vaping ban?

The ban will last for a minimum of four months as the state researches the cases of lung illnesses believed to be related to e-cig use.

When did Michigan ban flavored e-liquid?

Michigan banned flavored e-liquids in September 2019, making it the first state to put a e-cig related ban in place. The state also banned marketing e-cigs as safe, clean, or healthy. The ban was shortly lived, as on October 15 a judge found that Michigan Governor Gretchen Whitmer acted outside of her authority when enacting the ban.

When will e-liquids be sold again in Rhode Island?

The Rhode Island ban includes all flavored tobacco products. The soonest flavored e-liquids could be sold again in Rhode Island is late January 2020, but a date in March seems much more likely.

Is there a 90 day ban on e-liquid?

State by State Breakdown of E-Liquid and E-Cig Bans. The assault on the vaping industry continued on December 11, as courts in New York announced they were considering extending the ban on flavored e-liquids another 90 days. This is just the latest hit to the vaping industry as individual states, as well as the Trump administration, ...

Is it safe to buy e-liquid in the US?

When it comes to the business end of e-cig and e-liquid ban, no US based company is safe. The obvious big hits will be felt by companies that rely on retail sales like Juul and nJoy. Outside of Massachusetts, these companies will still be in stores, but their product line will be limited to tobacco and menthol flavors.

Can Generation Z buy illegal e-liquid?

This is particularly true with kids from Generation Z that are unlikely to have any trouble finding ways to buy imported, illegal, unsafe e-liquids online.

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.

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Michigan

New York

Massachusetts

  • On Sept. 24, Gov. Charlie Baker declared a public health emergency in the face of more than 500 vaping-related lung illnesses and at least seven deaths reported to the U.S. Centers for Disease Control and Prevention (CDC), including five illnesses in Massachusetts. Baker also announced the country’s strictest vaping prohibition yet: a four-month, statewide ban on online and retail sal…
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Rhode Island

  • The day after Massachusetts’ ban was announced, Rhode Island Gov. Gina Raimondo signed an executive order directing the state’s Department of Public Health to ban the sale of flavored e-cigarettes in the state. Raimondo did not specify at the signing whether the order also applies to menthol flavors, but noted that the ban will not extend to unflavored tobacco products. At a brief…
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Montana

  • Gov. Steve Bullock on Oct. 8 directed Montana’s Department of Public Health and Human Services to draft emergency administrative rules that would ban the sale of all flavored e-cigarettes, including those containing THC and CBD, for 120 days. The rules were set to take effect on Oct. 22, but a Montana judge on Oct. 19 signed a temporary restraining orderthat blocked the policy, …
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Washington

  • In Washington state, health officials on Oct. 9 passed an emergency rule banning the sale of flavored vaping products. The 120-day rule went into effect following an executive order from Gov. Jay Inslee, who called on the state’s Board of Health to ban all flavored vaping products, including those containing THC. The decision was met with fierce op...
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Oregon

  • Following in its neighbor’s footsteps, Oregon health officials on Oct. 11 filed rules that would forbid the sale of flavored nicotine and cannabis vaping products for six months, and subject repeat-offending retailers to fines of up to $500 per violation, per day. As in other states, however, Oregon’s policy was partially blocked by an appeals judge, who halted the ban on nicotine produ…
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California

  • Though California has not enacted a statewide ban on vaping products, Gov. Gavin Newsom on Sept. 16 issued an executive order focused on curtailing the state’s youth vaping epidemic. Among other actions, the order allocates at least $20 million for a “vaping awareness campaign,” and calls on state agencies to develop recommendations for limiting the sales of vaping product…
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