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In 2016 the Food and Drug Administration (FDA) announced the "deeming" of e-cigarettes and other electronic nicotine delivery systems (ENDS) as tobacco products. It is therefore legal to sell and use e-cigarettes in the USA. The FDA operates under the Family Smoking Prevention and Tobacco Control Act of 2009, sometimes known as the TCA (Tobacco Control Act) and also the Food, Drug, and Cosmetic Act. The law requires age restrictions, a warning label, ingredients list, and registration. Sale to those under 18 years is prohibited and retailers must verify the age of customers under 27 years via photo ID before a sale is made. Sale from vending machines is restricted to adult-only establishments. A pre-market approval process for e-cigarettes is mandated which is considered by some harm reduction scientists to be onerous and to have the potential to radically reshape the market, reducing the choice available and forcing smaller e-cigarette companies to exit the market. The Child Nicotine Poisoning Prevention Act of 2015 requires packaging to be child-proof. Many states have additional laws covering e-cigarettes such as where they can be used, or, in the case of California where flavours have been banned.
Selling e-cigarettes (containing nicotine) and control mechanisms
Sale of e-cigarettes
Allowed[1, 2, 3]
As tobacco products
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

General use and availability
Legal to use
Yes[1, 2, 3]
Legal to sell e-cigarette device
Yes[1, 2, 3]
Legal to sell nicotine
Yes[1, 2, 3]
Legal to buy device online (personal use)
Yes[1, 2, 3]
Legal to buy nicotine online (personal use)
Yes[1, 2, 3]
Legal to import device - trade
Yes[1, 2, 3]
Legal to import nicotine - trade
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Health
Minimum age restrictions on sales
Yes 18+[1, 2, 3]
Legal restrictions on vaping in public places
Yes[1, 2, 3]
Health warning on packaging required
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Products
Notifications of new products required
Yes[1, 2, 3]
References

1. Vapetrotter website. Available at: https://www.vapetrotter.com/laws/

2. Global tobacco control website. Available at: https://www.globaltobaccocontrol.org/node/14052

3. Tobacco Control Laws website. Available at : https://www.tobaccocontrollaws.org/legislation/

Notes on methodology & limitations

Data has been collected from a range of sources which are openly available online, such as vaping information/regulation websites & direct from country's legislation where available. In a few instances information has been included which was received from individuals specialising in the field. The regulatory picture changes frequently and these tables show the situation at time of going to press. This website will be updated as/when new regulatory information is received. There are gaps in the data available - readers are invited to send in updated information to the GSTHR team.

Country News

  • Thursday, December 13, 2018
  • Vaping stores can’t use ‘apple’ to describe apple-flavored products: Owner sues state

  • The owner of two Portland vaping stores is asking a judge to throw out a state list of banned words and pictures on vaping liquid packages, saying the state’s “ridiculous” rules defy logic.

    For instance, Paul Bates says in his lawsuit, the packages can’t use the words “apple” or “strawberry” even to describe the apple- or strawberry-infused products he sells for e-cigarettes. The same goes for pictures of apples or strawberries. [...]

  • Thursday, December 13, 2018
  • FDA: Don’t vape prescription erectile dysfunction drugs

  • The U.S. Food and Drug Administration is urging men who use e-cigarettes to avoid vaping liquids containing prescription drugs used to treat erectile dysfunction.

    The watchdog agency in October sent a warning letter to China-based e-cigarette company HelloCig to stop selling the illegal products, saying there would be stiff consequences if the company did not comply, including “seizure or injunction.”

  • Thursday, December 13, 2018
  • Crack down on flavored e-cigarettes may have consequences for Eugene adults

  • The Federal Drug Administration is cracking down on flavored e-cigarettes products in an effort to head off a new teen tobacco use epidemic but the department may hinder some adults trying to quit smoking. Eric Pinnell, the owner of Oregon Vape Society in Springfield doesn’t object to the idea of restricting sales of flavored e-liquids, but he does have some concerns that the federal government will take it one step further and ban flavored e-liquids all together.

  • Wednesday, December 05, 2018
  • Here's what we know today about the dangers of vaping

  • Florida International University psychologists Elisa Trucco and Matthew Sutherland are in a race to find answers about the impact of e-cigarettes on the adolescent brain. [...] Adolescents are particularly vulnerable to the adverse effects of nicotine because their brains are still rapidly developing, according to Trucco and Sutherland. Research is critical to help clinicians improve prevention programming and assist policymakers in deciding how to continue regulating these products, they said.

  • Tuesday, December 04, 2018
  • Report: E-cigarette use on the rise among Arizona students

  • Regular cigarettes are out. E-cigarettes are in.

    That's one of the main findings in the 2018 Arizona Youth Survey, which asks, among other things, which illicit substances Arizona's eighth-, 10th- and 12th-graders gravitate toward. 30 days. The Arizona Youth Survey didn't ask students about e-cigarettes until 2016, but usage among high school seniors within 30 days of when they were asked jumped from 17.6 percent in 2016 to 26.1 percent in 2018.

  • Tuesday, December 04, 2018
  • Marlboro-maker in takeover talks with Canadian marijuana group

  •  

    The maker of Marlboro cigarettes has held early talks to buy the Canadian marijuana company Cronos in what would be the first major takeover of a pot producer by a big tobacco group, according to people briefed on the discussions.

    A takeover of Cronos by Altria amid spreading decriminalisation would rank among the largest investments in the budding pot industry. Shares in Cronos, which grows and distributes cannabis, climbed 14 per cent in New York on Monday to $10.39, giving the Canadian company a market capitalisation of $1.9bn.