The popularity of vaping has increased dramatically over the past several years, sparking a wave of state and local regulations that have recently been joined by federal regulations. Many of these regulations are aimed at limiting the use of vape and e-cigarette (together “e-cig”) products, primarily by underage users. For e-cig users and those in the industry, it is critical to stay abreast of laws regulating the sale, use, and advertisement of these products. This client alert provides an overview of some of the types of state and local regulations that have recently been enacted around the county.
In addition to a rise in adult use, the use of e-cigs has increased dramatically among underage users, resulting in a growing national concern and various strategies to restrict underage access to these products. FDA Commissioner Scott Gottlieb has called teen vaping an epidemic, echoing the sentiment of many.1 Federally, the legal age to purchase all tobacco products, including e-cigs, is 18.2 A number of states and local governments have raised the age to purchase e-cigs in an effort to combat teen usage. Alabama,3 Utah,4 and Alaska5 have all raised the legal age to purchase e-cigs to 19 statewide. Other states, including California,6 Hawaii,7 Massachusetts,8 and New Jersey9 have gone further, raising the legal age to purchase e-cigs to 21.
The state and local regulations identified in this client alert only scratch the surface of the variety of laws and regulations applicable to the e-cig industry and consumers around the country. Additionally, existing regulations will evolve and new regulations will continue to be enacted that impact the e-cig industry and consumers. Given this, and the patchwork of federal, state, and local regulations surrounding all facets of e-cig manufacture, sale, and use, it is important for any users of e-cigs and those in the e-cig business to fully understand state and local laws surrounding vaping in their area to ensure they are not exposed to an unknown risk.
 Aamer Madhani, Cities step up pressure on e-cigarette industry over teen vaping epidemic, USA Today, Nov. 13, 2018.
 See Summary of Federal Rules for Tobacco Retailers, U.S. Food & Drug Administration.
 John Sharp, ‘Addicted for life’: A surge of vaping among teens alarms Alabama, AL.com, Dec. 23, 2018.
 Tobacco Business, Massachusetts Raises Tobacco Buying Age to 21, Tobacco Business Magazine, July 30, 2018.
 Mike Curley, Juul Pulls Flavored E-Cigs As New FDA Regulations Loom, Law360, November 13, 2018.
 Laure McGinley, FDA unveils sweeping anti-tobacco effort to reduce underage vaping and smoking, The Washington Post, November 15, 2018.
 Jan Hoffman, San Francisco Voters Uphold Ban on Flavored Vaping Products, The New York Times, June 6, 2018.
 Jimmy Vielkind, New York Eyes Ban of Flavored E-Cigarettes, The Wall Street Journal, Nov. 8, 2018.