State Update

Cities and States Continue to Tackle E-Cigarettes

(Local Policy, State Policy) Permanent link   All Posts
New York City
On December 18, New York City Council’s Committee on Health voted 9-1 to approve legislation prohibiting the use of electronic cigarette devices in public places and places of employment in an effort to protect the health of the citizens of New York City, facilitate enforcement of the Smoke-Free Air Act and protect youth from observing behaviors that could encourage them to smoke.

Mayor Michael Bloomberg (I-NY) signed the legislation into law on December 30, with only one day remaining in office.  

Los Angeles

The Los Angeles City Council voted unanimously on December 4 to regulate the sales of e-cigarettes and other vaping devices. The new law will put electronic smoking devices in the same category as tobacco products, subjecting their sales to the same restrictions. As a result, it bans e-cigarette sales from street kiosks, ice cream trucks and self-service displays, and requires retailers to obtain a license before selling the products. The new law will go into effect January 22, 2014.

Parallel legislation under city consideration would ban the use of e-cigarettes from the same places as tobacco, including restaurants and parks. Sales of e-cigarettes to minors are already banned under state law.

Florida

On October 11, H.B. 169 was pre-filed by Rep. Ronald “Doc” Renuart (R-FL). The proposed bill prohibits the sale, delivery, bartering, furnishing or giving of alternative nicotine products to persons younger than 18 years of age; and prohibits a person who is younger than 18 years of age from buying, possessing or misrepresenting his or her age in order to buy alternative nicotine products. According to the bill text, alternative nicotine products include e-cigarettes.

New Mexico

On December 16, Rep. Paul C. Bandy (R-NM) pre-filed H.B. 15. The proposed bill defines e-cigarettes and prohibits the sale of e-cigarettes to any person under age 18. The bill also prohibits the online Internet sale of e-cigarettes to a minor.

Utah

On December 16, Sen. Stuart C. Reid (R-UT) pre-filed S.B. 12. The proposed bill prohibits the possession of tobacco, e-cigarettes or paraphernalia by an individual less than 21 years of age; prohibits the distribution or sale of tobacco, e-cigarettes or paraphernalia to an individual less than 21 years of age; and prohibits a person less than 21 years of age from being present at certain establishments where tobacco, e-cigarettes or paraphernalia are sold or used.

Virginia

On December 26, Sen. Bryce E. Reeves (R-VA) pre-filed S.B. 96. The proposed bill adds vapor products to the definition of tobacco products that cannot be sold to or purchased or possessed by a minor. The bill defines a vapor product as a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery, or circuit that can be used to heat a nicotine solution. Del. David B. Albo (R-VA) pre-filed a similar bill, H.B. 218, on December 27.

On November 26, Del. David I. Ramadan (R-VA) pre-filed H.B. 26. The proposed bill prohibits the sale or distribution of e-cigarettes to persons less than 18 years of age. The bill defines an electronic cigarette as any electronic device that can provide an inhaled dose of nicotine to the individual inhaling from the device and the components of such device, including liquid nicotine. Sen. John C. Miller (D-VA) pre-filed a similar bill, S.B. 17, on December 5.