Kara Sears
The use of e-cigarettes and vapes has been restricted by law in many states in the US, with some passing comprehensive smokefree indoor air laws that include e-cigarettes. These laws prohibit the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars. Some states have also implemented emergency regulations banning the sale of flavored e-cigarettes and vaping products, including menthol, to combat youth e-cigarette use and suspected links to severe lung disease. The PACT Act, which includes requirements for manufacturers to register with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and file monthly reports with state tobacco tax administrators, has also caused concern for small vape businesses. However, the USPS has indicated that some vape businesses may be exempt from the mail ban that the PACT Act could impose. While business-to-business transactions are permitted, the application process for exemptions may be lengthy, causing potential financial strain for small businesses.
| Characteristics | Values |
|---|---|
| Smokefree indoor air laws | As of September 30, 2024, 20 states have passed comprehensive smokefree indoor air laws that include e-cigarettes. These laws prohibit smoking and the use of e-cigarettes in indoor areas of private workplaces, restaurants, and bars. |
| Exemption | Municipalities in Alaska can exempt themselves from the smokefree indoor air legislation. |
| Emergency regulations | On September 24, 2019, Massachusetts Governor Charlie Baker called for a ban on the sale of all flavored and non-flavored vaping products and devices. Emergency regulations were filed on October 28, 2019, and went into effect immediately for three months. |
| USPS exemption | The USPS might exempt some vape businesses from the "mail ban", but the restriction will take effect immediately after it is finalized, and USPS will not review any exemptions ahead of time. |
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What You'll Learn
Vape businesses and the mail ban
The US vape mail ban, an addition to the PACT Act, prohibits the sale and shipping of vape products through the US mail. This includes e-cigarettes, batteries, cartridges (full or empty), and other vaping products. The ban was initially set for USPS, and major shipping companies like UPS and FedEx have also announced similar bans. This means that vape businesses can no longer ship their products to consumers via traditional shipping methods, and consumers will now have to purchase vape products from registered retailers in-person.
The ban has been driven by concerns over the possible contributions of vaping products to teenager and young adult deaths, particularly the fentanyl scandal and the suspected link between vaping and severe lung disease. States have also been taking action to protect their communities from the dangers of e-cigarettes, with Rhode Island and Massachusetts declaring public health emergencies and implementing temporary bans on the sale of flavored vaping products.
The vape mail ban is expected to significantly impact businesses, especially small businesses and online retailers, as approximately half of all e-cigarette sales in the US in 2019 were made online. The CBD and cannabis industry will also be affected, as they have already been facing harsher regulations. However, some stakeholders in the marijuana vape sector believe that the ban will not impact their businesses as they do not typically ship hardware via traditional shipping methods and it is already illegal to ship marijuana through the mail.
To continue operating, vape businesses must fill out the proper paperwork to register themselves and be allowed to produce and sell vape products. Once approved by the Attorney General, businesses can continue to manufacture their products, but they must comply with the ban on shipping and the purchase of raw materials via mail. Additionally, businesses must file a monthly report with the state, detailing who is receiving and delivering the products and the quantity being sent.
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State laws on e-cigarettes
Some states have passed comprehensive smokefree indoor air laws that include e-cigarettes, prohibiting their use in indoor areas of private workplaces, restaurants, and bars. As of September 30, 2024, 20 states, the District of Columbia, and Puerto Rico have implemented such laws. These states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, and Vermont. Alaska has also implemented similar legislation, but with an option for municipalities to opt out, thus not meeting the criteria for a comprehensive smokefree indoor air policy.
Other states, like Alabama, do not have specific restrictions on e-cigarette use in public places or businesses. No smoking laws in Alabama do not apply to e-cigarettes, and it is generally assumed that 'no smoking' signs do not prohibit the use of electronic cigarettes. Alaska is similar in that it does not have specific regulations restricting the use of e-cigarettes in public places, nor are there any vaping signage laws that protect businesses from their use on the property.
Some states have also taken action to address the dangers of e-cigarettes to youth. For example, Michigan was the first state to ban flavored nicotine vaping products in 2019, and Massachusetts declared a public health emergency in the same year, calling for a ban on the sale of all flavored and non-flavored vaping products and devices. Rhode Island also issued an executive order to combat youth e-cigarette use, instructing its Department of Health to create emergency regulations banning the sale of flavored e-cigarettes.
In terms of minimum age requirements, a federal law enacted on December 20, 2019, raised the federal minimum legal sales age for all tobacco products, including e-cigarettes, from 18 to 21 across the United States. However, states are not limited by this federal law and can enforce their own additional youth access laws or set a higher minimum legal sales age.
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Youth access laws
Youth access to tobacco and vaping products is a critical issue, with e-cigarettes being the most commonly used tobacco product among middle and high school students. The highly addictive nature and high nicotine content of e-cigarettes pose a significant threat to adolescent health and safety. As a result, various laws and regulations have been implemented to restrict and prevent youth access to these products.
At the federal level in the United States, the minimum legal sales age for all tobacco products, including e-cigarettes, was raised from 18 to 21 years old in 2019. This federal law sets a nationwide standard, but it also allows states, territories, localities, or tribes to enforce their own additional youth access laws and set higher minimum age requirements.
Many states have taken proactive measures to address youth vaping. For example, in 2019, Rhode Island's governor issued an executive order to combat youth e-cigarette use, leading to emergency health regulations banning the sale of flavored vaping products, including exemptions for specific entities. Similarly, Massachusetts declared a public health emergency and implemented emergency regulations banning the sale of all flavored and non-flavored vaping products and devices.
To further prevent youth access, states have also passed comprehensive smoke-free indoor air laws that include e-cigarettes. As of 2024, 20 states, the District of Columbia, and Puerto Rico have enacted such laws, prohibiting the use of e-cigarettes in indoor areas of private worksites, restaurants, and bars. These laws aim to reduce youth exposure to vaping and create healthier environments.
The FDA has also played a crucial role in youth tobacco prevention. Their plan includes taking action against retailers and manufacturers who contribute to youth access, prioritizing enforcement against products with youth appeal, and developing educational resources for middle and high school students. The FDA's efforts extend to warning companies about misleadingly labeled e-liquids that resemble kid-friendly food products and banning all flavors except tobacco and menthol for cartridge/pod-based e-cigarettes.
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FDA regulations
In the United States, the FDA has regulated cigarettes, smokeless, and roll-your-own tobacco since 2009. In 2016, the FDA finalized a rule to regulate all tobacco products, including e-cigarettes, cigars, and other electronic nicotine delivery systems (ENDS). This rule prohibits the sale of tobacco products, including e-cigarettes, to anyone under the age of 21 across the United States.
The FDA's Center for Tobacco Products (CTP) provides compliance education and information to retailers and small business manufacturers through a series of webinars on federal tobacco regulations. These webinars cover topics such as the "Deeming Rule," which subjects tobacco products to the Federal Food, Drug, and Cosmetic Act, and new regulatory requirements for vape shops.
In addition to federal regulations, some states have implemented their own laws to protect communities from the dangers of e-cigarettes. For example, in 2019, the governors of Rhode Island and Massachusetts declared public health emergencies in response to the suspected link between e-cigarette use and severe lung disease. As a result, emergency regulations were put in place to ban the sale of flavored vaping products, including menthol, with some exemptions for compassion centers and licensed cultivators.
While states have the authority to enforce their own youth access laws and set their own minimum legal sales age, they cannot lower the minimum age below 21 as per the federal law. It is important to note that FDA regulations are constantly evolving, and individuals are encouraged to stay informed about the latest rules and guidelines.
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Health and safety information
While I could not find specific information on filing an exemption from a non-vaping law, I can provide you with some health and safety information regarding vaping laws and regulations.
The use of vapes has been increasing rapidly, especially among young people, which has raised several health and safety concerns. Vapes, also known as e-cigarettes, are battery-operated devices that deliver an aerosol by heating a liquid that users inhale. This liquid often contains nicotine, which is highly addictive and harmful to the developing brains of adolescents. It can also be dangerous for pregnant women and their babies. Furthermore, solvents and flavor chemicals used in vaping products have been found to be hazardous to human health. A study from September 2019 by the Washington State Board of Health highlights the dangers of these chemicals, which can be toxic even when inhaled in aerosol form.
In response to these concerns, many states and tribes in the US have taken steps to protect their communities from the dangers of e-cigarettes. For example, Rhode Island and Massachusetts have both issued executive orders to ban the sale of flavored vaping products to combat youth e-cigarette use. Additionally, a federal law enacted on December 20, 2019, raised the minimum legal sales age for all tobacco products, including e-cigarettes, from 18 to 21 across the US.
In Australia, the government has also recognized the need to protect young people from the harms of vaping and nicotine dependence. From July 1, 2024, vapes and vaping products can only be sold in pharmacies to help individuals quit smoking or manage nicotine dependence. This restriction applies to all products, regardless of whether they contain nicotine or not. Furthermore, individuals under 18 years of age must have a prescription to access vapes, and flavors are restricted to mint, menthol, and tobacco.
To support individuals in quitting vaping and smoking, various services are available, such as counseling services and programs like Live Vape Free, which offers tips, tools, and one-on-one support. It is important to remember that discontinuing the use of tobacco and vaping products is the best way to protect oneself from related illnesses.
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Frequently asked questions
FDA is the Food and Drug Administration, which has a webpage with tips to help avoid vape fires or explosions. The FDA also provides online educational resources to help the industry understand FDA regulations and policies.
The PACT Act is a law that stipulates that manufacturers of vaping products must register with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and file monthly reports with state tobacco tax administrators.
As of September 30, 2024, 20 states, the District of Columbia, and Puerto Rico have passed comprehensive smokefree indoor air laws that include e-cigarettes. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah, and Vermont.
Some of the dangers of vaping include the risk of fire or explosion, especially near an oxygen tank, a propane tank, or a gas pump. There is also a risk of vape-related seizures while driving.
