March 28th, 2016

Last updated on May 8th, 2018 at 10:36 pm

Even before e-cigarettes gained the major popularity that they have now, there have been lawyers battling over how they should be regulated. At the moment there are different laws from state to state, most commonly they declare that eJuice and e-cigarettes are regulated like tobacco. Federally there have been a couple of legislative moves that have positioned e-cigarette vaporizers into the same category as tobacco. These nicotine delivery mods were originally categorized federally as a drug delivery device that were subject to regulation under the Food, Drug and Cosmetic Act. However, in January 2010 this classification was rightfully battled in court with a finalized decision that eCigarettes should be categorized with tobacco. Most recently in 2014 the Federal government stepped in to ensure that all eJuice would be sold with the ingredients included to ensure that those under 18 would not be able to acquire nicotine. States have their own legislations that a vaper should worry about since the feds aren’t stepping into the arena too much.

Just as with tobacco, in most states you have to be 18 years old to acquire any e-cigarette or e-liquids, but there are some states where you have to be 19. Among these states with a more aggressive age limit are Alaska, Utah and Alabama. Surprisingly these age restrictions only came into play in the last couple of years since e-cigarettes were barely regulated before that time. In the last couple of months Texas passed a law that declared it criminally negligent to sell any nicotine product or e-cigarette to a minor. This has set a precedent to be stricter on eCigarette users, a good reason to be knowledgeable about the laws that are currently in place.

In the Summer of 2014 all states except for Nebraska, Nevada, Rhode Island, Tennessee, & Wyoming set some degree of legislation banning indoor use of e-cigarettes in some way. In the same vein, that Summer, the town of Hillsboro, Oregon banned all vaping in public parks. One Summer later in 2015 Connecticut, Hawaii, Maine, New Jersey, North Dakata, Utah, Oregon, and Delaware all succeeded in including e-cigarettes in their smoke-free laws. Smoke free laws prohibit all smoking in public places including bars, restaurants, parks, etc. Oklahoma also prohibits vaping any distance within 300 feet of schools and North Carolina has a tax on all e-liquid sales of 5 cents per millimeter of juice.

The only state that is prohibiting all sale of ecigarettes and liquid is Oregon. The Oregon Department of Justice has prohibited all sale of e-juice or mods until further regulation by the FDA or until the court rules that the FDA cannot regulate. They will also legalize the products if scientific research proves the vaporizers safe. If a company does hope to sell e-cigs in Oregon they must provide the Attorney General with all advertising and copies of scientific studies that prove that their product is safe before putting out their product.