Vaping Vs Smoking: Are Vaping Laws Different?

Smoking-free laws are in place to protect people from the harmful effects of second-hand smoke. With the rise in popularity of e-cigarettes, also known as vaping, the question of whether smoking-free laws apply to vaping has become a pressing issue.

E-cigarettes are battery-operated devices that deliver an aerosol, often referred to as vapour, by heating a liquid that users inhale. While vaping does not produce smoke, it does produce a vapour that can contain harmful substances and cancer-causing agents.

In some places, such as the United States, vaping is now regulated in the same way as smoking cigarettes. This means that vaping is prohibited in many of the same places as smoking, such as schools, hospitals, and workplaces. However, the specific regulations vary from state to state, and in some places, vaping may not be included in smoking-free laws.

It is important to check the local laws and ordinances to understand the specific restrictions on vaping in your area.

Vaping laws in the US

In the US, laws regulating the use of electronic cigarettes, or vaping, vary across different states and municipalities. While some states and municipalities prohibit vaping in every location where smoking is prohibited, others have more permissive laws or no laws at all regarding vaping.

Federal Law

The US Food and Drug Administration (FDA) has determined that electronic nicotine delivery systems (ENDS) products, including e-cigarettes, are tobacco products because they are made or derived from tobacco or contain nicotine. As of April 14, 2022, it is illegal for a retailer to sell any tobacco product, including cigarettes, smokeless tobacco, cigars, and e-cigarettes, to anyone under 21.

The Preventing Online Sales of E-Cigarettes to Children Act, passed on December 21, 2020, requires the US Post Service to create regulations banning the delivery of vaping products. It also requires shippers of nicotine and cannabis vaping products to comply with the Prevent All Cigarette Trafficking Act (PACT Act).

State Laws

• States with laws defining e-cigarettes: 43
• States with laws taxing e-cigarettes: 22
• States with laws on the packaging of e-cigarettes: 11
• States with laws restricting youth access to e-cigarettes: 31
• States with laws requiring licenses for retail sales of e-cigarettes: 17

Some specific examples of state laws include:

• California: As of May 4, 2016, e-cigarettes are treated as tobacco products, meaning that vaping is banned wherever smoking is prohibited.
• Florida: In 2018, Florida voters approved a constitutional amendment to ban vaping in most indoor workplaces, effective July 2019.
• Louisiana: New laws concerning vaping are set to come into effect on November 1, 2024.
• New Jersey: As of January 2010, there is a statewide vaping ban that prohibits the use of electronic cigarettes and vaping in all indoor public places and businesses.
• Oregon: As of January 2016, the Oregon Indoor Clean Air Act prohibits the use of e-cigarettes in restaurants, workplaces, and indoor public places.
• Texas: As of May 2015, vaping is banned in specific locations, including school campuses, hospitals, indoor theatres, elevators, trains, airplanes, libraries, and museums.
• Utah: As of May 2012, Utah state law applies the same regulations for smoking to vaping, meaning that vaping is banned in all indoor public places and businesses with posted signage.

Vaping laws in the UK

Age Restrictions

In the UK, you must be 18 or older to buy vapes, e-cigarettes, or e-liquids. It is illegal for adults to buy or attempt to buy these products for anyone under 18. To prevent underage vaping, vape adverts should not include models who appear to be under 25.

Product Restrictions

The UK has implemented several restrictions on vaping products to protect adult consumers. E-liquids must have a nicotine strength of 20mg/ml or less, and their containers must have a capacity of 10ml or less. Cartridges and clearomisers cannot hold more than 2ml. Manufacturers must submit their product details to the MHRA, a UK government agency, six months before making them available to the public.

Vaping in Public Places

While there are no general laws against vaping in public places, certain locations may have their own rules. Many restaurants, bars, and other establishments include e-cigarettes in their "No Smoking" policies. It is recommended to check the guidance before vaping in public places.

Vaping on Public Transport

Vaping is generally not allowed on planes, buses, or trains in the UK. Many private train companies have implemented policies prohibiting vaping on board.

Vaping at Work

Industries and workplaces often have different rules and restrictions regarding vaping. While indoor vaping may not be allowed, there may be designated outdoor areas where vaping is permitted.

Vaping While Driving

Although vaping while driving is not explicitly illegal, it is strongly discouraged. Vaping can create large clouds of mist that block the driver's vision, increasing the risk of a crash. Motorists who vape while driving could be prosecuted for "driving without due care and attention," which carries penalties of up to £2,500 in fines and the loss of driving privileges.

Vaping at Sporting Stadiums

Vaping is not permitted in Premier League stadiums, and supporters may be ejected or face other consequences if caught. The rules vary for other sporting venues and clubs, so it is advisable to check the guidance before vaping.

Vaping Laws and Youth Protection

The UK government has introduced measures to tackle youth vaping, including banning the sale and supply of disposable vapes and imposing excise duties on vaping products. The Tobacco and Vapes Bill aims to create a "smoke-free generation" by gradually phasing out the sale of tobacco to anyone born on or after January 1, 2009.

Future Changes

Disposable vapes will be banned in England and Wales from June 2025 to protect children's health and reduce environmental damage. Similar restrictions are expected in Scotland and Northern Ireland. A new vaping tax, the Vaping Products Duty, will be introduced in October 2026, charged at a flat rate of £2.20 per 10ml of vaping liquid.

Vaping laws in Australia

Importation and Sale Restrictions

As of January 1, 2024, the Australian Government banned the importation of disposable vapes, including those with and without nicotine. From March 1, 2024, further restrictions were implemented, prohibiting the importation of all vapes, including rechargeable ones, without an import licence and permit. These laws aim to reduce the accessibility of vapes, especially to teenagers, and curb the growing black market for these products.

Therapeutic Vapes

Therapeutic vapes are vaping devices used to help individuals quit smoking or manage nicotine dependence. As of October 1, 2024, people over 18 years old can purchase therapeutic vapes from pharmacies without a prescription, provided that certain requirements are met. These requirements include flavour restrictions to mint, menthol, or tobacco, plain pharmaceutical packaging, and a nicotine concentration limit of 20 mg/mL. People who require a higher nicotine concentration will need a prescription, regardless of their age.

State-Specific Laws

It is important to note that Tasmania and Western Australia have introduced their own legislation, which differs from the federal vaping laws. These states maintain the requirement for individuals over 18 to obtain a prescription from a medical practitioner to purchase a pharmaceutical vape. Other states may follow suit, emphasizing the dynamic nature of vaping laws across Australia.

Smoke-Free Laws

Vaping is generally prohibited in smoke-free areas, which include all indoor public places and certain outdoor public places, such as within 10 meters of children's play equipment and public transport stops. These laws vary across states and territories, with some states, like Western Australia, banning the sale of vaping devices altogether.

Nicotine Regulations

Under Australian law, it is illegal to buy, possess, or use liquid nicotine for vaping without a prescription from a registered Australian medical practitioner. Nicotine is classified as a Schedule 7 'dangerous poison', and its importation, use, and possession are only legal for therapeutic purposes with a valid prescription.

Advertising and Promotion Restrictions

The Public Health (Tobacco and Other Products) Act 2023 restricts the advertising and promotion of vaping products, similar to the restrictions on tobacco advertising and promotion. This includes limitations on the display of vaping products in retail stores and the promotion of these products through sponsorship or shopper loyalty programs.

Vaping laws in the EU

The EU's Tobacco Products Directive (2014/40/EU) sets out rules for electronic cigarettes sold as consumer products in the EU. The Directive sets a maximum nicotine concentration and volume for cartridges, tanks, and nicotine liquid containers. It also requires that e-cigarettes be child-resistant, tamper-evident, and have a mechanism to allow refilling without spillage.

In terms of packaging and labelling, health warnings are mandatory, advising consumers that e-cigarettes contain nicotine and should not be used by non-smokers. Packaging must also include a list of ingredients, information on nicotine content, and a leaflet with instructions for use and information on adverse effects, risk groups, addictiveness, and toxicity. Promotional elements are not allowed on e-cigarette packaging, and cross-border advertising and promotion of e-cigarettes are prohibited.

The EU's Tobacco Products Directive does not ban vaping in public places, and member states have their own rules regarding their use. However, many European countries are starting to ban vaping in public places, including Portugal.

• Austria: The government permits vaping, but e-cigarettes and e-liquids are classed as medicinal products and can only be sold with a licence.
• Denmark: Similar restrictions exist, with e-cigarettes and e-liquids requiring a licence to be sold.
• Finland: Only e-cigarettes and e-liquids containing no nicotine can be purchased in Finland. Nicotine-containing e-liquids can be purchased from abroad.
• Spain: There are currently no restrictions on vaping in Spain, although the government is said to be considering new rules.
• France: Vaping is legal, but e-juice refills are considered medical products.
• Turkey: Vaping is not permitted indoors or on public transport in Turkey. Vaping products and e-liquids cannot be purchased, but you can still vape if you have them.

Overall, most countries in Europe allow vaping and the purchase of e-liquid refills, but it is important to be aware of local laws and customs, as well as social etiquette when vaping in public.

Vaping laws in Canada

In Canada, the use of electronic cigarettes, also known as e-cigarettes, is currently legal for personal use. However, there are some restrictions on where they can be used, although these restrictions are not nationwide. The laws vary across the country, with different provinces, territories, and municipalities having their own regulations. Here is a comprehensive overview of vaping laws in Canada:

Age Restrictions:

In Canada, it is illegal to sell vaping products to anyone under the age of 18. However, the legal age to purchase vaping products varies across provinces, with some provinces requiring individuals to be 19 or even 21 years old. It is important to check the specific regulations in each province.

Labelling and Packaging:

The Vaping Products Labelling and Packaging Regulations (VPLPR) set out specific requirements for the labelling and packaging of vaping products in Canada. These rules include health warnings, nicotine concentration statements, and listing of common names of vaping substances.

Nicotine Concentration:

The Nicotine Concentration in Vaping Products Regulations (NCVPR) establish a maximum nicotine concentration of 20 mg/mL for vaping products manufactured or imported for sale in Canada. This limit aims to prevent accidental nicotine poisoning and discourage excessive use.

Advertising and Promotion:

The Vaping Products Promotion Regulations (VPPR) outline requirements for advertising and promotions of vaping products. It is illegal to promote vaping products that may appeal to youth or make health claims without authorization. Lifestyle advertising and certain flavour descriptors are also prohibited.

Public Space Vaping Bans:

Vaping is prohibited in many public spaces across Canada, including bars, restaurants, workplaces, public transportation, and outdoor areas such as playgrounds and school grounds. However, the specific locations where vaping is banned vary across provinces and municipalities.

Taxation:

Vaping products in Canada are subject to excise taxes at the federal level, and some provinces have additional taxes. The federal excise tax rate is currently set at 20% of the manufacturer's price.

Overall, vaping laws in Canada aim to protect public health, prevent underage vaping, and provide a regulatory framework for the manufacturing, sale, labelling, and promotion of vaping products. It is important for vapers to stay informed about the specific regulations in their province or territory to ensure compliance with the law.

Frequently asked questions