The United States is in a unique position. As of now, there are no statewide vaping bans.
Instead, vaping is prohibited only on school property, due to lack of FDA approval for e-cigarettes as cessation devices. All other indoor places, including bars and restaurants, are exempt from the state's regulations. Localities may regulate vaping more stringently than the state. That leaves us with a whole mess if you're a vaper that travels for work or pleasure.
Bad news for cigarettes, good news for vapers. The FDA has just announced a sweeping change in its policy regarding e-cigarettes and vaping products. ... The rules stated that any e-cigarette or vaping product released after Feb 15, 2007, would require the same expensive, lengthy FDA approval as regular smokes. This means that since 2007, you can be sure that no one is selling you snake oil. What does that mean? Read on!
“tobacco products” that are subject to FDA regulation include e-cigarettes, e-cigars, Vape pens, personal vaporizers, as well as components and parts including e-liquids, atomizers, batteries, flavors, etc. Thus, all these things will be researched and approved by the food and drug administration and that means a better product that is regulated.
Four dates to remember:
August 8, 2016: THis is when the concept of free “samples” was no longer allowed for smoking cessation devices, hookah, cigar, and other tobacco products. Additionally, no ENDS product, part or component not already on the market as of August 8, 2016, can be introduced to the market without appropriate FDA clearance or approval.
December 31, 2016: Vape shop manufacturers had to register their establishments and list their products on or before this date.
May 10, 2018: Product packaging and any advertisement for a smoking cessation device or tobacco product have to contain a warning that states that, "this product contains nicotine. Nicotine is an addictive chemical."
August 8, 2018: All ENDS products, parts or components must be in compliance with one of three FDA premarket pathways.
Updates to implement now:
As part of your rewards program, or any promotional program, DO NOT OFFER free rewards or samples. In particular, we suggest:
Avoid nominal pricing since it’s similar to a free sample for any promotions or rewards (i.e. one cent for a 10mL bottle or a free bowl of hookah). Instead, update any items you’re offering for free to 80% off or less.
When using dollar-off rewards, use a value cap to ensure pricing isn’t nominal or free (i.e. get $5 off of a purchase of $10 or more).
All customers under 27 years old need to be asked for ID in any ENDS, hookah, cigar or other tobacco vending location and no one under 18 can purchase any of these products (Some states may have a higher minimum age purchase requirement).
ID required warning signs must be posted in the store.
Don’t use vending machines to sell ENDS, hookah, or other tobacco products.
Things to change in 2018:
Product packaging and advertising related to ENDS products must contain the following: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
All ENDS products must be in compliance with one of three FDA premarket pathways. Ensure that if you send an advertisement, you send it to customers who are legally old enough and able to purchase the products you’re advertising.
Circumstances may apply differently in your area, so be aware. Also note that e-cigarette laws by state vary, here are the states that you should know about in case you're traveling. Here's a list of the states to pay attention to. While many counties and cities are able to implement their own, these are the ones with the most gratuitous laws that can affect you.
Statewide vaping ban. Sales to minors also banned. Effective October 1, 2015, vaping is prohibited in all indoor places where smoking is prohibited, including bars and restaurants, as signed into law by Governor Dannel P. Malloy. Local government are forbidden from regulating vaping more stringently than the state.
Statewide vaping ban. Effective September 5, 2015, vaping is prohibited in all places that smoking is banned, which includes bars & restaurants, as signed into law by Governor Jack Markell. Localities may regulate vaping more stringently than the state.
No statewide vaping ban. Instead, vaping is prohibited only on all campuses of the University System of Georgia, with limited exceptions for educational purposes and research. Municipalities may regulate vaping more stringently than the state. Roswell bans vaping in all city parks.
Statewide vaping ban. In April 2015 a bill passed that makes it no longer legal for vaping to be permitted in workplaces and other public places. In June 2015 Hawaii raised the legal age to purchase traditional cigarettes and electronic cigarettes to 18.
No statewide vaping ban. Instead, vaping is prohibited on all campuses of state-supported institutions of higher education, including buildings, grounds, parking lots, and vehicles owned by institutions. Enclosed research laboratories are exempt, as well as bars, restaurants, workplaces and all other indoor places where smoking is banned under the Illinois Clean Indoor Air Act. Localities may regulate vaping more stringently than the state. Many localities, like Chicago for instance, have a ban on vaping in bars and restaurants.
No statewide vaping ban. Instead, vaping is only prohibited in state and local government buildings, facilities of state colleges and universities, facilities licensed by Commissioner of Human Services, and facilities licensed by Commissioner of Health. All other indoor places subject to the Minnesota Clean Indoor Air Act, including bars and restaurants, are entirely exempt from the state's regulation. Localities may regulate vaping more stringently than the state.
Statewide vaping ban. On November 6, 2012, by a vote of 66%-34%, North Dakota voters ratified Initiative Measure Four, which, upon taking effect in December 2012, amends North Dakota's existing partial smoking ban so as to ban smoking statewide in all enclosed public places and places of employment, including all bars, restaurants, and tobacco stores with all restrictions applying to e-cigarettes as well. The ban exempts only private residences except when operating as a childcare or adult day care facility, outdoor areas except within 20 feet of the entrance to a public place or place of employment, businesses not open to the public with no employees besides the owner, and American Indian religious and cultural rituals. Local governments may regulate vaping more stringently than the state.
Philadelphia, banned in all enclosed workplaces, exempting bars where food accounts for less than 10% of sales and alcohol accounts for more than 90% of sales, and persons under 18 are prohibited. Philadelphia's ordinance is the only local vaping ban in Pennsylvania. Vaping is also banned at all city parks.
No statewide vaping ban. Washington State Ferries forbids vaping on its vessels as per an announcement that was given on every sailing vessel. E-cigarettes have earned considerable attention recently as an alternative to smoking tobacco, but uncertainties about their impact on health and indoor air quality have resulted in proposals for bans on indoor e-cigarette use.
Current Research That Could Affect Vaping Regulation
All of this is very interesting in light of the newest research in the field. Vaping regulations may change, especially when we consider new research, as in an experiment by the Journal of Inhalation Toxicology. The objective of the research was to assess potential health impacts relating to the use of e-cigarettes, a series of studies were conducted using e-cigarettes and standard tobacco cigarettes.
The process required four different high nicotine e-liquids that were vaporized in two sets of experiments by generic 2-piece e-cigarettes to collect emissions and assess indoor air concentrations of common tobacco smoke by-products. Tobacco cigarette smoke tests were conducted for comparison.
Comparisons of pollutant concentrations were made between e-cigarette vapor and tobacco smoke samples. Pollutants included VOCs, carbonyls, PAHs, nicotine, TSNAs, and glycols. From these results, risk analyses were conducted based on dilution into a 40 m3 room and standard toxicological data. Non-cancer risk analysis revealed, “No Significant Risk” of harm to human health for vapor samples from e-liquids (A-D). In contrast, for tobacco smoke, most findings markedly exceeded risk limits indicating a condition of “Significant Risk” of harm to human health. With regard to cancer risk analysis, no vapor sample from e-liquids A-D exceeded the risk limit for either children or adults. The tobacco smoke sample approached the risk limits for adult exposure.
The conclusions were that for all byproducts measured, electronic cigarettes produce very small exposures relative to tobacco cigarettes. The study indicates no apparent risk to human health from e-cigarette emissions based on the compounds analyzed.
While no one can conclusively say that the results of this test prove anything one way or the other, we certainly cannot (we're just vape-wizards) it's certainly interesting and one can only hope that it helps push the needle on issues affecting the vape community.