Key Points:
Currently, there is a range of policies affecting e-cigarettes and vape devices
Consistent and comprehensive policies are needed, especially those affecting youth
Additional restrictions on flavored disposable products are needed
The United States has developed – and often updates – policies to help curtail the use of e-cigarettes and vape products by young individuals. However, different states and local areas have their own rules, meaning access and the consequences for breaking those rules can vary.
This article provides an update on current U.S. regulations governing e-cigarettes and vaping. It explores state-specific laws, federal guidelines, and recent legislative actions aimed at curbing youth access and promoting public health.
Policies Monitored by the Centers for Disease Control and Prevention (CDC) The State Tobacco Activities Tracking & Evaluation (STATE) System, managed by the CDC, collects and organizes current and historical state-level data on tobacco-related activities and policies. The latest legislative actions related to e-cigarettes as of September 30, 2023, include:
All 50 states, plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, have passed laws prohibiting the sale of e-cigarettes to individuals under the age of 21.
34 states, the District of Columbia, and the U.S. Virgin Islands require a retail license to sell e-cigarettes over the counter.
19 states, the District of Columbia, and Puerto Rico have comprehensive smoke-free indoor air laws that restrict the use of e-cigarettes inside worksites, restaurants, and bars.
32 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have implemented some form of e-cigarette tax.
Increased Focus on Flavored and Disposable Products
Despite the U.S. Food and Drug Administration’s previous ban on pre-filled, cartridge-based e-cigarettes with flavors other than menthol and tobacco, flavored refillable cartridges and single-use disposable e-cigarettes remain available. Flavorful disposable e-cigarettes are especially popular among youth, according to the latest National Youth Tobacco Survey, highlighting the need for stricter policies encompassing all e-cigarette types.
Fortunately, as of September 2023, five states – Massachusetts, New York, New Jersey, Rhode Island, and California – have passed laws prohibiting the sale of all non-tobacco flavored e-cigarettes. Maryland and Utah are restricting the sale of certain flavored e-cigarettes. And more than 360 local jurisdictions have also passed laws limiting flavored e-cigarette sales, with evidence suggesting these restrictions reduce e-cigarette sales.
Further 2024 Regulations Aimed at Protecting Youth
On January 1, 2024, New York implemented additional marketing restrictions related to vaping. Manufacturers and distributors are no longer allowed to put brand names, logos, or other identifiers on any product except the actual vape device or e-cigarette. Vape companies cannot offer gifts related to the purchase of e-cigarettes or sponsor events like sports and concerts.
In Texas, effective January 1, 2024, a law went into effect that makes it illegal to market, advertise, and sell an e-cigarette product in packaging appealing to youth. This would include images of celebrities, cartoons, or food products such as candy or juice.
The Bottom Line
Regulations affecting vape products and e-cigarettes vary in the U.S. There is a clear need for uniformity and consistent enforcement to address youth exposure and access.
By Linda Antinoro
Reviewed by Cindy Bistany, DHSc
References:
Centers for Disease Control and Prevention (2024, January 4). STATE System E-Cigarette Fact Sheet. Available from: https://www.cdc.gov/statesystem/factsheets/ecigarette/ECigarette.html
U.S. Food and Drug Administration (2020, January 2). FDA finalizes enforcement policy on unauthorized flavored cartridge-based e-cigarettes that appeal to children, including fruit and mint. Available from: https://www.fda.gov/news-events/press-announcements/fda-finalizes-enforcement-policy-unauthorized-flavored-cartridge-based-e-cigarettes-appeal-children
Birdsey J, Cornelius M, Jamal A, et al. Tobacco Product Use Among U.S. Middle and High School Students — National Youth Tobacco Survey, 2023. MMWR Morb Mortal Wkly Rep 2023;72:1173–1182. DOI: http://dx.doi.org/10.15585/mmwr.mm7244a1
U.S. Food and Drug Administration (2023, November 2). Results from the Annual National Youth Tobacco Survey. U.S. Food and Drug Administration. Retrieved from https://www.fda.gov/tobacco-products/youth-and-tobacco/results-annual-national-youth-tobacco-survey
CDC Foundation Data Brief (2023, September). Monitoring U.S. E-Cigarette Sales: State Trends. Available from: https://www.cdcfoundation.org/QuarterlyE-CigaretteSalesDataBrief_9.10.2023.pdf?inline
Ali FRM, Vallone D, Seaman EL, et al. Evaluation of Statewide Restrictions on Flavored e-Cigarette Sales in the US From 2014 to 2020. JAMA Netw Open. 2022;5(2):e2147813. doi:10.1001/jamanetworkopen.2021.47813 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2788925
Whalen, R. (2023, December 19). New York’s new e-cigarette marketing rules take into effect January 1. Spectrum News. Available from: https://spectrumlocalnews.com/nys/buffalo/politics/2023/12/20/new-e-cigarette-marketing-rules-take-effect-january-1
Texas Comptroller of Public Accounts (2023, December 7). Texas Comptroller Glenn Hegar Reminds Retailers of New E-Cigarette Law Designed to Protect Youth. Available from: https://comptroller.texas.gov/about/media-center/news/20231207-texas-comptroller-glenn-hegar-reminds-retailers-of-new-e-cigarette-law-designed-to-protect-youths-1701814424271
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