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Revision as of 04:50, 10 July 2015

See also: Smoking ban

The following is a list of vaping bans in the United States. For smoking bans and restrictions outside the United States, see the worldwide Legal status of electronic cigarettes.

United States

Federal regulation

The FDA classified electronic cigarettes as drug delivery devices and subject to regulation under the Food, Drug, and Cosmetic Act (FDCA) before importation and sale in the United States. The classification was challenged in court, and overruled in January 2010 by Federal District Court Judge Richard J. Leon, citing that "the devices should be regulated as tobacco products rather than drug or medical products."[1][2]

In March 2010, the U.S. Court of Appeals for the District of Columbia stayed the injunction pending an appeal, during which the FDA argued the right to regulate electronic cigarettes based on their previous ability to regulate nicotine replacement therapies such as nicotine gum or patches. Further, the agency argued that tobacco legislation enacted the previous year "expressly excludes from the definition of 'tobacco product' any article that is a drug, device or combination product under the FDCA, and provides that such articles shall be subject to regulation under the pre-existing FDCA provisions."[3] On 7 December 2010, the appeals court ruled against the FDA in a 3–0 unanimous decision, ruling the FDA can only regulate electronic cigarettes as tobacco products, and thus cannot block their import.[4] The judges ruled that such devices would only be subject to drug legislation if they are marketed for therapeutic use – E-cigarette manufacturers had successfully proven that their products were targeted at smokers and not at those seeking to quit. The District Columbia Circuit appeals court, on 24 January 2011, declined to review the decision en banc, blocking the products from FDA regulation as medical devices.[5]

In April 2014, the FDA proposed new regulations for tobacco products, including electronic cigarettes. The regulations require disclosure of ingredients used in e-cigarette liquids, proof of safety of those ingredients, and regulation of the devices used to vaporize and deliver the liquid.[6][7][8][9] The FDA proposed regulation would ban the sale of e-cigarettes with nicotine to any individual under 18 years of age.[10]

State regulation

A no smoking or vaping sign from the US.

With an absence of federal regulations, many states and cities have adopted their own e-cigarette regulations, most commonly to prohibit sales to minors, including Maryland, Kentucky, Minnesota, New Jersey, New Hampshire, Tennessee, Utah, Wisconsin, and Colorado. Other states are considering similar legislation.[11] As of 2014, some states in the US permit e-cigarettes to be taxed as tobacco products, and some state and regional governments in the US had extended their indoor smoking bans to include e-cigarettes.[12]

  • In New Hampshire, the sale of electronic cigarettes to minors is illegal as of July 2010.[13]
  • Arizona is planning to ban the sale of electronic cigarettes to minors.[14]
  • In Maryland, sales to minors are banned.[15]
  • New York State banned e-cigarette sales to minors starting on 1 January 2013.[16]
  • Governor Arnold Schwarzenegger vetoed a bill that would regulate the sale of electronic cigarettes within the state on grounds that "if adults want to purchase and consume these products with an understanding of the associated health risks, they should be able to do so."[17]
  • In Pennsylvania, SB 1055 was introduced by Sen. Tim Solobay in 2013 and would ban sales to minors.[18] That same year physician members of the Pennsylvania Medical Society called upon the state legislature to pass electronic cigarette laws that have safeguards equivalent to existing tobacco laws.[19]
  • A Kansas law that went into effect July 1, 2012 banned possession of e-cigarettes by anyone under 18.[20]
  • As of October 1, 2014 Connecticut bans the sale and possession to any person under the age of 18
  • As of August 1, 2014, Hillsboro, Oregon bans the use of e-cigarettes in public parks.[21]
  • As of July 3, 2014, all states except Connecticut, Iowa, Maine, Michigan, Montana, Nebraska, Nevada, North Carolina, Ohio, Rhode Island, Tennessee, Virginia, Wisconsin & Wyoming have regulations against e-cigarette usage indoors to some degree.
  • As of July 2015, Hawaii, New Jersey, North Dakata, Utah, and Delaware include e-cigarettes in their smokefree laws. [22][23]

A review of regulations in 40 U.S. states found that how a law defines e-cigarettes is critical, with some definitions allowing e-cigarettes to avoid smoke-free laws, taxation, and restrictions on sales and marketing.[24]

States

Many local and state jurisdictions have recently begun enacting laws that prohibit e-cigarette usage everywhere that smoking is banned, although some state laws with comprehensive smoke-free laws will still allow for vaping to be permitted in bars and restaurants while prohibiting e-cigarettes in other indoor places. [25]

 Alabama

  • Localities in Alabama with vaping bans that include all bars and restaurants (9 total):
    • Anniston, banned in all enclosed workplaces, including bars and restaurants [25]
    • Clay, banned in all enclosed workplaces, including bars and restaurants [25]
    • Creola, banned in all enclosed workplaces, including bars and restaurants [25]
    • Fultondale, banned in all enclosed workplaces, including bars and restaurants; also includes private clubs [25]
    • Gadsden, January 1, 2015, banned in all enclosed workplaces, including bars and restaurants [25]
    • Midfield, banned in all enclosed workplaces, including bars and restaurants [25]
    • Monroeville, banned in all enclosed workplaces, including bars and restaurants [25]
    • Troy, banned in all enclosed workplaces, including bars and restaurants [25]
    • Vestavia Hills, banned in workplaces, bars, restaurants, hotels/motels, and within 20 feet (6.1 m) of entrances and exits [25]
  • Localities in Alabama with vaping bans that do not include all bars and restaurants (3 total):
    • Bessemer, banned in all enclosed workplaces, including restaurants but exempting bars [25]
    • Foley, banned in all enclosed workplaces, including restaurants but exempting bars [25]
    • Opelika, banned in all enclosed workplaces, including restaurants but exempting bars [25]

 Alaska

  • Localities in Alaska with vaping bans that include bars and restaurants (2 total):
    • Juneau, banned in all enclosed workplaces, including bars and restaurants [25]
    • Palmer, banned in all enclosed workplaces, including bars and restaurants [25]

 Arizona

  • Localities in Arizona with vaping bans that include bars and restaurants (1 total):
    • Tempe, banned in all enclosed workplaces, including bars and restaurants[25]
  • Localities in Arizona with vaping bans that do not include all bars and restaurants (1 total):
    • Coconino County, banned in all enclosed workplaces, including restaurants but exempting bars[25]

 Arkansas

  • No statewide vaping ban. Instead, vaping is generally prohibited on school property, although localities may choose to enact rules of their own that govern e-cigarette use but as of June 2015 none of them have chosen to do.

 California

  • No statewide vaping ban. Instead, vaping is only prohibited at Orange County Fair, including amphitheater, grandstand, and bleacher seating areas. All other places are entirely exempt from the state's regulations on vaping in public. Localities may regulate vaping more stringently than the state.
    • Senate Bill 648(Authored by Senator Ellen Corbett), proposed a bill that would classify eCigarettes as tobacco products, thus banning their use wherever smoking was banned. In August 2013, SB648 was shelved for the session, just hours before its hearing in the State Assembly. It has not been determined if Sen Corbett will revise the bill and re-introduce it in 2014.[26] Recently, a bill that would have subjected e-cigarettes to all restrictions on tobacco products by classifying them as such sponsored by Senator Mark Leno was withdrawn from the sponser after an amendment was offered to not classify them as tobacco products. [27]
  • Localities in California with vaping bans that include bars and restaurants (52 total):
    • Arcate, banned in all enclosed workplaces, including bars and restaurants [25]
    • Artesia, banned in bars and restaurants, but not other workplaces [25]
    • Berkeley, banned in all enclosed workplaces, including bars and restaurants [25]
    • Beverly Hills, banned in bars and restaurants, but not other workplaces [25]
    • Calabasas, banned in all enclosed workplaces, including bars and restaurants [25]
    • Davis, banned in all enclosed workplaces, including bars and restaurants [25]
    • Del Mar, banned in all enclosed workplaces, including bars and restaurants [25]
    • Dixon, banned in bars and restaurants, but not other workplaces [25]
    • Dublin, banned in bars and restaurants, but not other workplaces [25]
    • El Cajon, banned in bars and restaurants, but not other workplaces [25]
    • El Cerrito, banned in all enclosed workplaces, including bars and restaurants [25]
    • Eureka, banned in all enclosed workplaces, including bars and restaurants [25]
    • Fairfax, banned in all enclosed workplaces, including bars and restaurants [25]
    • Folsom, banned in bars and restaurants, but not other workplaces [25]
    • Foster City, banned in bars and restaurants, but not other workplaces [25]
    • Fremont, banned in all enclosed workplaces, including bars and restaurants [25]
    • Goltea, banned in bars and restaurants, but not other workplaces [25]
    • Hayward, banned in bars and restaurants, but not other workplaces [25]
    • Laguna Hills, banned in enclosed workplaces, including bars and restaurants [25]
    • Lompoc, banned in bars and restaurants, but not other workplaces [25]
    • Long Beach, banned in all enclosed workplaces, including bars and restaurants [25]
    • Los Angeles, banned in bars and restaurants, but not other workplaces; exempts vaping in retail e-cigarette stores and theatrical production sites [25]
    • Mammoth Lakes, banned in all enclosed workplaces, including bars and restaurants [25]
    • Manhattan Beach, banned in all enclosed workplaces, including bars and restaurants [25]
    • Marin County, banned in all enclosed workplaces, including bars and restaurants; allows vaping in partial individual apartment units in multi-unit residences [25]
    • Mill Valley, banned in all enclosed workplaces, including bars and restaurants [25]
    • Morgan Hill, banned in all enclosed workplaces, including bars and restaurants [25]
    • Mountain View, banned in all enclosed workplaces, including bars and restaurants [25]
    • Paradise, banned in all enclosed workplaces, including bars and restaurants [25]
    • Pico Rivera, banned in bars and restaurants, but not other workplaces [25]
    • Pittsburg, banned in bars and restaurants, but not other workplaces [25]
    • Pleasanton, banned in all enclosed workplaces, including bars and restaurants [25]
    • Rancho Cordova, banned in all enclosed workplaces, including bars and restaurants [25]
    • Richmond, banned in all enclosed workplaces, including bars and restaurants [25]
    • San Anselmo, banned in all enclosed workplaces, including bars and restaurants [25]
    • San Diego, banned in all enclosed workplaces, including bars and restaurants; exempts partial designated areas of petco park and qualcomm stadium, e-cigarette lounges and shops [25]
    • San Diego County, banned in bars and restaurants, but not other workplaces [25]
    • San Luis Obispo, banned in all enclosed workplaces, including bars and restaurants [25]
    • Santa Clara County, banned in all enclosed workplaces, including bars and restaurants [25]
    • Santa Maria, banned in bars and restaurants, but not other workplaces [25]
    • Santa Monica, banned in all enclosed workplaces, including bars and restaurants [25]
    • Seal Beach, banned in bars and restaurants, but not other workplaces [25]
    • Sebastopol, banned in all enclosed workplaces, including bars and restaurants [25]
    • Shasta County, banned in all enclosed workplaces, including bars and restaurants [25]
    • Solana Beach, banned in bars and restaurants, but not other workplaces [25]
    • Solvang,banned in bars and restaurants, but not other workplaces [25]
    • Sonoma County, banned in all enclosed workplaces, including bars and restaurants [25]
    • Temecula, banned in all enclosed workplaces, including bars and restaurants [25]
    • Tiburon, banned in all enclosed workplaces, including bars and restaurants [25]
    • Union City, banned in all enclosed workplaces, including bars and restaurants [25]
    • Ventura, banned in bars and restaurants, but not other workplaces [25]
    • Walnut Creek, banned in bars and restaurants, but not other workplaces [25]
  • Localities in California with vaping bans that do not include all bars and restaurants (11 total):
    • Camarillo, banned in all enclosed workplaces, exempting bars and restaurants [25]
    • Capitola, banned in all enclosed workplaces, exempting bars and restaurants [25]
    • Oroville, banned in all enclosed workplaces, exempting bars and restaurants [25]
    • Petaluma, banned in all enclosed workplaces, exempting bars and restaurants [25]
    • San Bernardino County, banned in all enclosed workplaces, exempting bars and restaurants[25]
    • San Francisco, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • San Mateo County, banned in all enclosed workplaces, exempting bars and restaurants[25]
    • Santa Cruz, banned in all enclosed workplaces, exempting bars and restaurants[25]
    • Scotts Valley, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Solano County, banned in all enclosed workplaces, exempting bars and restaurants[25]
    • Watsonville, banned in all enclosed workplaces, exempting bars and restaurants[25]

 Colorado

  • No statewide vaping ban. Instead, vaping is prohibited only on school property, due to lack of FDA approval for e-cigarettes as cessation devices. All other indoor places, including bars and restaurants, are exempt ffrom the state's regulations. Localities may regulate vaping more stringently than the state.
  • Localities in Colorado with vaping bans that include all bars and restaurants (12 total):
    • Arvada, banned in all enclosed workplaces, including bars and restaurants; exempts partial theatrical productions and specialty vaping stores[25]
    • Boulder, banned in all enclosed workplaces, including bars and restaurants[25]
    • Breckenridge, banned in bars and restaurants, but not other workplaces[25]
    • Brighton, banned in bars and restaurants, but not other workplaces[25]
    • Edgewater, banned in all enclosed workplaces, including bars and restaurants[25]
    • Fort Collins, banned in all enclosed workplaces, including bars and restaurants[25]
    • Frisco, banned in bars and restaurants, but not other workplaces[25]
    • Golden, banned in bars and restaurants, but not other workplaces[25]
    • Greeley, banned in bars and restaurants, but not other workplaces[25]
    • Lafayette, banned in bars and restaurants, but not other workplaces[25]
    • Lakewood, banned in all enclosed workplaces, including bars and restaurants[25]
    • Louisville, banned in bars and restaurants, but not other workplaces[25]

 Delaware

  • Statewide vaping ban. Effective September 5, 2015, vaping is prohibited in all places that smoking is banned, which includes bars & restaurants, as signed into law by Governor Jack Markell. Localities may regulate vaping more stringently than the state.[1]

 Florida

  • Localities in Florida with vaping bans that do not include all bars and restaurants (19 total):
    • Alachua County, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Archer, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Belleview, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Boca Raton, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Clay County, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Dade County, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Delray Beach, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Gainesville, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Hawthorne, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • High Springs, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Lighthouse Point, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Marion County, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Miami, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Newberry, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Orange Park, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Port Saint Lucie, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Port St. Joe, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Vero Beach, banned in all enclosed workplaces, including restaurants but exempting bars[25]
    • Waldo, banned in all enclosed workplaces, including restaurants but exempting bars[25]

 Georgia

  • No statewide vaping ban. Instead, vaping is prohibited only on all campuses of University System of Georgia, with limited exceptions for educational purposes and research. Municipalities may regulate vaping more stringently than the state.
  • Localities with vaping bans that include all bars and restaurants (3 total):
    • Chatham County, banned in all enclosed workplaces, including bars and restaurants[25]
    • Pooler, banned in all enclosed workplaces, including bars and restaurants[25]
    • Savannah, banned in all enclosed workplaces, including bars and restaurants[25]
  • Localities with vaping bans that do not include all bars and restaurants (1 total):

 Hawaii

  • Statewide vaping ban. In April 2015 a bill passed that makes it no longer legal for vaping to be permitted in workplaces and other public places.[2] In June 2015 Hawaii raised the legal age to purchase traditional cigarettes and electronic cigarettes to 21.[3]

 Idaho

  • Ketchum, banned in all enclosed workplaces, including bars and restaurants[25]

 Illinois

  • No statewide vaping ban. Instead, vaping is prohibited on all campuses of state-supported institutions of higher education, including buildings, grounds, parking lots, and vehicles owned by institutions. Enclosed research laboratories are exempt, as well as bars, restaurants, workplaces and all other indoor places where smoking is banned under the Illinois Clean Indoor Air Act. Localities may regulate vaping more stringently than the state.
  • Localities with vaping bans that include all bars and restaurants (9 total):
    • Chicago, banned in all enclosed workplaces, including bars and restaurants; exempts vaping during theater performances as well as e-cigarette shops
    • Deerfield, banned in all enclosed workplaces, including bars and restaurants[25]
    • DeKalb, banned in all enclosed workplaces, including bars and restaurants[25]
    • Elk Grove Village, banned in all enclosed workplaces, including bars and restaurants[25]
    • Evanston, banned in all enclosed workplaces, including bars and restaurants[25]
    • Oak Park, banned in all enclosed workplaces, including bars and restaurants[25]
    • Schaumburg, banned in all enclosed workplaces, including bars and restaurants[25]
    • Skokie, banned in all enclosed workplaces, including bars and restaurants[25]
    • Wilmette, banned in all enclosed workplaces, including bars and restaurants[25]
  • Localities with vaping bans that do not include all bars and restaurants (1 total):
    • Arlington, banned in all enclosed workplaces, including restaurants but exempting bars[25]

 Indiana

  • Indianapolis, banned in all enclosed workplaces, including bars and restaurants[25]

 Kansas

  • No statewide vaping ban. Instead, vaping is generally prohibited on all Department of Corrections property and grounds, by both employees and inmates, with no exceptions whatsoever. All other indoor places, including bars, restaurants, and gambling facilities are entirely exempt from the state e-cigarette regulations. Localities may regulate vaping more stringently than the state.
  • Localities with vaping bans that include all bars and restaurants (3 total):
    • Olathe, banned in all enclosed workplaces, including bars and restaurants[25]
    • Overland Park, banned in all enclosed workplaces, including bars and restaurants[25]
    • Park City, banned in all enclosed workplaces, including bars and restaurants[25]

 Kentucky

  • No statewide vaping ban. Instead, vaping is prohibited only on all properties of State Executive Branch, including buildings, vehicles, and land, but excluding specific outdoor areas such as parks, Kentucky Horse Park, and Kentucky State Fairgrounds. Per Governor's Office, does not apply to State colleges and universities. Localities may regulate vaping more stringently than the state.
  • Localities in Kentucky with vaping bans that include all bars and restaurants (10 total):
    • Bardstown, banned in all enclosed workplaces, including bars and restaurants[25]
    • Berea, banned in all enclosed workplaces, including bars and restaurants[25]
    • Danville, banned in all enclosed workplaces, including bars and restaurants, as well as within ten feet of the entrance of any such place[25]
    • Glasgow, banned in bars and restaurants, but not all other workplaces[25]
    • Lexington, banned in all enclosed workplaces, including bars and restaurants[25]
    • Mancher, banned in all enclosed workplaces, including bars and restaurants[25]
    • Morehead, banned in all enclosed workplaces, including bars and restaurants[25]
    • Richmond, September 9, 2014, banned in all enclosed workplaces, including bars and restaurants[25]
    • Versailles, October 6, 2014, banned in all enclosed workplaces, including bars and restaurants[25]
    • Woodford County, banned in all enclosed workplaces, including bars and restaurants[25]

 Louisiana

  • As of May 2014 it became law in Louisiana that the sales of e-cigarettes to people under 18 years old is illegal.[28] As of April 23, 2015, bars in New Orleans, Louisiana are required to put the international "no smoking" sign with the phrase "no smoking or vaping".[29] Under the law smoking and vaping is banned in all indoor areas of bars.[29]
  • Localities with vaping bans that include all bars and restaurants (7 total):
    • Abbeville, banned in all enclosed workplaces, including bars and restaurants[25]
    • Cheneyville, banned in all enclosed workplaces, including bars and restaurants[25]
    • Monroe, banned in all enclosed workplaces, including bars and restaurants[25]
    • New Orleans, banned in all enclosed workplaces, including bars and restaurants[25]
    • Ouachita Parish, banned in all enclosed workplaces, including bars and restaurants[25]
    • Sulphur, banned in all enclosed workplaces, including bars and restaurants[25]
    • West Monroe, banned in all enclosed workplaces, including bars and restaurants[25]

 Maryland

  • No statewide vaping ban. Instead, vaping is prohibited only on MARC commuter rail system trains. All other indoor places, including bars and restaurants, that are subject to the Maryland Clean Indoor Air Act are entirely exempt from the state's vaping regulations. Localities may regulate vaping more stringently than the state.
  • Localities with vaping bans that include all bars and restaurants (1 total):
  • Localities with vaping bans that do not include all bars and restaurants (1 total):
    • Baltimore, banned in all enclosed workplaces, exempting bars and restaurants; also exempts video lottery facilities and e-cigarette shops[25]

 Massachusetts

  • Localities with vaping bans that include all bars and restaurants (89 total):
    • Arcton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Adams, banned in all enclosed workplaces, including bars and restaurants[25]
    • Amherst, banned in all enclosed workplaces, including bars and restaurants[25]
    • Andover, banned in all enclosed workplaces, including bars and restaurants[25]
    • Arlington, banned in all enclosed workplaces, including bars and restaurants[25]
    • Athol, banned in all enclosed workplaces, including bars and restaurants[25]
    • Auburn, banned in all enclosed workplaces, including bars and restaurants[25]
    • Barre, banned in all enclosed workplaces, including bars and restaurants[25]
    • Billerica, banned in all enclosed workplaces, including bars and restaurants[25]
    • Bolton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Boston, banned in all enclosed workplaces, including bars and restaurants[25]
    • Bourne, banned in all enclosed workplaces, including bars and restaurants[25]
    • Bridgewater, banned in all enclosed workplaces, including bars and restaurants[25]
    • Buckland, banned in all enclosed workplaces, including bars and restaurants[25]
    • Burlington, banned in all enclosed workplaces, including bars and restaurants[25]
    • Cambridge, banned in all enclosed workplaces, including bars and restaurants; exempts Housing Authority developments & outdoor restaurant & bar patios[25]
    • Cohasset, banned in all enclosed workplaces, including bars and restaurants[25]
    • Concord, banned in all enclosed workplaces, including bars and restaurants[25]
    • Dartmouth, banned in all enclosed workplaces, including bars and restaurants[25]
    • Dedham, banned in all enclosed workplaces, including bars and restaurants[25]
    • Deerfield, banned in all enclosed workplaces, including bars and restaurants[25]
    • Dighton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Dover, banned in bars and restaurants, but not other workplaces[25]
    • Dracut, banned in all enclosed workplaces, including bars and restaurants[25]
    • Easthampton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Fairhaven, banned in all enclosed workplaces, including bars and restaurants[25]
    • Fitchburg, banned in all enclosed workplaces, including bars and restaurants[25]
    • Foxborough, banned in all enclosed workplaces, including bars and restaurants[25]
    • Franklin, banned in all enclosed workplaces, including bars and restaurants[25]
    • Gardner, banned in all enclosed workplaces, including bars and restaurants[25]
    • Gill, banned in all enclosed workplaces, including bars and restaurants[25]
    • Grafton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Granby, banned in all enclosed workplaces, including bars and restaurants[25]
    • Great Barrington, banned in all enclosed workplaces, including bars and restaurants[25]
    • Greenfield, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hamilton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hatfield, banned in all enclosed workplaces, including bars and restaurants; exempts hotels/motels[25]
    • Haverhill, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hubbardston, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hudson, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hull, banned in all enclosed workplaces, including bars and restaurants[25]
    • Lee, banned in all enclosed workplaces, including bars and restaurants[25]
    • Lenox, banned in all enclosed workplaces, including bars and restaurants[25]
    • Leominster, banned in all enclosed workplaces, including bars and restaurants[25]
    • Leverett, banned in all enclosed workplaces, including bars and restaurants[25]
    • Lynn, banned in all enclosed workplaces, including bars and restaurants[25]
    • Marblehead, banned in all enclosed workplaces, including bars and restaurants[25]
    • Mashpee, banned in all enclosed workplaces, including bars and restaurants[25]
    • Montague, banned in all enclosed workplaces, including bars and restaurants[25]
    • Needham, banned in all enclosed workplaces, including bars and restaurants[25]
    • New Bedford, banned in all enclosed workplaces, including bars and restaurants[25]
    • Newburyport, banned in all enclosed workplaces, including bars and restaurants[25]
    • Newton, banned in all enclosed workplaces, including bars and restaurants[25]
    • North Andover, banned in all enclosed workplaces, including bars and restaurants[25]
    • North Attleborough, banned in all enclosed workplaces, including bars and restaurants[25]
    • North Reading, banned in all enclosed workplaces, including bars and restaurants[25]
    • Orange, banned in all enclosed workplaces, including bars and restaurants[25]
    • Orleans, banned in all enclosed workplaces, including bars and restaurants[25]
    • Oxford, banned in all enclosed workplaces, including bars and restaurants[25]
    • Pittsfield, banned in all enclosed workplaces, including bars and restaurants[25]
    • Plainville, banned in all enclosed workplaces, including bars and restaurants[25]
    • Provincetown, banned in all enclosed workplaces, including bars and restaurants[25]
    • Salem, banned in all enclosed workplaces, including bars and restaurants[25]
    • Saugus, banned in all enclosed workplaces, including bars and restaurants[25]
    • Sharon, banned in all enclosed workplaces, including bars and restaurants[25]
    • Shelburne, banned in all enclosed workplaces, including bars and restaurants[25]
    • Somerset, banned in all enclosed workplaces, including bars and restaurants[25]
    • South Hadley, banned in all enclosed workplaces, including bars and restaurants[25]
    • Stockbridge, banned in all enclosed workplaces, including bars and restaurants[25]
    • Sunderland, banned in all enclosed workplaces, including bars and restaurants[25]
    • Sutton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Swampscott, banned in all enclosed workplaces, including bars and restaurants[25]
    • Taunton, banned in all enclosed workplaces, including bars and restaurants[25]
    • Tewksbury, banned in all enclosed workplaces, including bars and restaurants[25]
    • Townsend, banned in all enclosed workplaces, including bars and restaurants[25]
    • Wayland, banned in all enclosed workplaces, including bars and restaurants[25]
    • Webster, banned in all enclosed workplaces, including bars and restaurants[25]
    • Wendell, banned in all enclosed workplaces, including bars and restaurants[25]
    • West Springfield, banned in all enclosed workplaces, including bars and restaurants[25]
    • Westminster, banned in all enclosed workplaces, including bars and restaurants[25]
    • Westport, banned in all enclosed workplaces, including bars and restaurants[25]
    • Westwood, banned in all enclosed workplaces, including bars and restaurants[25]
    • Weymouth, banned in all enclosed workplaces, including bars and restaurants[25]
    • Whately, banned in all enclosed workplaces, including bars and restaurants[25]
    • Williamstown, banned in all enclosed workplaces, including bars and restaurants[25]
    • Winchendon, banned in all enclosed workplaces, including bars and restaurants[25]
    • Winchester, banned in all enclosed workplaces, including bars and restaurants[25]
  • Localities with vaping bans that do not include all bars and restaurants (2 total):
    • Leicester, banned in all enclosed workplaces, exempting bars and restaurants[25]
    • Northampton, banned in all enclosed workplaces, exempting bars and restaurants[25]

 Michigan

 Minnesota

  • No statewide vaping ban. Instead, vaping is only prohibited in state and local government buildings, facilities of state colleges and universities, facilities licensed by Commissioner of Human Services, and facilities licensed by Commissioner of Health. All other indoor places subject to the Minnesota Clean Indoor Air Act, including bars and restaurants, are entirely exempt from the state's regulation. Localities may regulate vaping more stringently than the state.
  • Localities in Minnesota with vaping bans that include all bars and restaurants (23 total):
    • Austin, banned in all enclosed workplaces, including bars and restaurants; use of vaporized medical marijuana permitted wherever not prohibited by State law[25]
    • Beltrami County, banned in all enclosed workplaces, including bars and restaurants; exempts e-cigarette shops for purposes of sampling non-nicotine substances[25]
    • Bloomington, banned in all enclosed workplaces, including bars and restaurants[25]
    • Duluth, banned in all enclosed workplaces, including bars and restaurants[25]
    • Eagle Lake, banned in all enclosed workplaces, including bars and restaurants[25]
    • Eden Prairie, banned in all enclosed workplaces, including bars and restaurants[25]
    • Edina, banned in bars and restaurants, but not other workplaces[25]
    • Ely, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hennepin County, banned in all enclosed workplaces, including bars and restaurants[25]
    • Hermantown, banned in all enclosed workplaces, including bars and restaurants[25]
    • Houston County, banned in all enclosed workplaces, including bars and restaurants[25]
    • Isanti, banned in all enclosed workplaces, including bars and restaurants[25]
    • Mankato, banned in all enclosed workplaces, including bars and restaurants[25]
    • Marshall County, banned in all enclosed workplaces, including bars and restaurants[25]
    • Minneapolis, banned in all enclosed workplaces, including bars and restaurants[25]
    • Moorhead, banned in all enclosed workplaces, including bars and restaurants[25]
    • North Mankato, banned in all enclosed workplaces, including bars and restaurants[25]
    • Olmsted County, banned in all enclosed workplaces, including bars and restaurants; use of vaporized medical marijuana permitted wherever not prohibited by law[25]
    • Orono, banned in all enclosed workplaces, including bars and restaurants[25]
    • Savage, banned in all enclosed workplaces, including bars and restaurants[25]
    • Sleepy Eye, banned in all enclosed workplaces, including bars and restaurants[25]
    • St. Anthony, banned in all enclosed workplaces, including bars and restaurants[25]
    • St. Louis County, banned in all enclosed workplaces, including bars and restaurants[25]

 Mississippi

  • Localities with vaping bans that include all bars and restaurants (45 total):
    • Anguilla, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Arcola, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Baldwyn, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Bassfield, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Beulah, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Bruce, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Byram, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Calhoun City, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Centreville, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Coahoma County, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Crawford, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Duck Hill, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Duncan, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Durant, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Ethel, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Farmington, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Forest, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Friars Point, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Georgetown, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Indianola, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Isola, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Itta Bena, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Iuka, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Lousville, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Magee, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Mantachie, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Mendenhall, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Monticello, banned in all bars and restaurants, but not all other enclosed workplaces[25]
    • Moorhead, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Nettleton, February 5, 2015, banned in all enclosed workplaces, including bars and restaurants[25]
    • New Augusta, banned in all enclosed workplaces, including all bars and restaurants[30]
    • Pittsboro, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Plantersville, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Prentiss, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Rolling Fork, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Sledge, June 4, 2014, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Southaven, August 4, 2014, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Shuqualak, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Sumner, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Tupelo, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Walnut, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Walnut Grove, banned in all enclosed workplaces, including bars and restaurants[25]
    • Weir, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Wesson, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Wiggins, banned in all enclosed workplaces, including all bars and restaurants[25]
    • Woodville, banned in all enclosed workplaces, including all bars and restaurants[25]
  • Localities with vaping bans that do not include all bars and restaurants (1 total):
    • Flowood, banned in all enclosed workplaces, including restaurants but exempting bars[25]

 Missouri

  • Localities in Missouri with a vaping ban that includes all bars and restaurants (7 total):
    • Branson, July 1, 2015, banned in all enclosed public places and workplaces by unanimous Board of Aldermen vote in October 2014; exempts up to 20% of designated hotel and motel smoking rooms, tobacco shops, smoking lounges in tobacco-related businesses, private homes, outdoor areas in places of employment, outdoor patios of restaurants, and golf courses. [25]
    • Clinton, March 1, 2015, banned in all enclosed workplaces, including bars and restaurants[25]
    • Columbia, banned in all workplaces, including bars and restaurants; exempts rented social halls, separately ventilated offices occupied exclusively by smokers, stage performances, retail tobacco shops, and private clubs with no employees.[25]
    • Creve Coeur, January 2, 2011, banned by unanimous city council vote in all enclosed workplaces, including bars and restaurants; exempts cigar bars, private clubs, tobacco shops, and hotel/motel designated smoking rooms[25]
    • Gainesville, banned in all enclosed workplaces, including bars and restaurants[25]
    • St. Joseph, June 7, 2014, banned in all enclosed workplaces and public places, including all bars, restaurants, and private and semiprivate rooms in nursing homes, after public vote of 52.75%–47.25%; exempts private vehicles and residences, 10% of hotel and motel rooms designated as smoking, private clubs (when no employees are present), and casino gaming areas (including bars, restaurants, and lounges within those gaming areas). [25]
    • Washington, April 15, 2013, banned in all enclosed workplaces, including bars and restaurants by unanimous city council vote; also banned in private rooms in nursing homes; exempts only private residences not serving as a workplace and designated smoking rooms in hotels and motels; exempts hookah lounges until April 15, 2014 [25]

 Montana

 New Hampshire

  • No statewide vaping ban. Instead, vaping is prohibited only in public educational facilities and on grounds thereof. All other indoor places that are covered by the New Hampshire Clean Indoor Air Act, including bars and restaurants, are entirely exempt from the state's regulations. Localities are prohibited from regulating vaping more stringently as they are prohibited from regulating smoking more stringently.

 New Jersey

  • Statewide vaping ban. On March 13, 2010, a law went into effect prohibited vaping everywhere that smoking is banned, which is in all enclosed workplaces, including bars and restaurants. Localities may regulating vaping more stringently than the Act.

 New Mexico

  • Localities with a vaping ban that include all bars and restaurants (1 total):
    • Sante Fe, banned in all enclosed workplaces, including bars and restaurants[25]
  • Localities with vaping bans that do not include all bars and restaurants (1 total):
    • Carlsbaa, banned in all enclosed workplaces, exempting bars and restaurants

 New York

  • Localities with a vaping ban that include all bars and restaurants (6 total):
    • Cattaraugus County, banned in bars and restaurants, but not other workplaces [25]
    • Lynbrook, banned in bars and restaurants, but not other workplaces[25]
    • New York City, prohibited to anyone under 21 years of ag[31]e; also prohibited everywhere smoking is banned indoors and out[25]; vaping is allowed only in e-cigarette shops
    • Suffolk County, prohibited to anyone under 21 years of age[32]; also prohibited everywhere smoking is banned indoors and out[25]
    • Tompkins County, banned in all enclosed workplaces, including bars and restaurants
    • Westchester County, banned in all enclosed workplaces, including bars and restaurants

 North Dakota

  • Statewide vaping ban. On November 6, 2012, by a vote of 66%-34%, North Dakota voters ratified Initiative Measure Four, which, upon taking effect in December 2012, amends North Dakota's existing partial smoking ban so as to ban smoking statewide in all enclosed public places and places of employment, including all bars, restaurants, and tobacco stores with all restrictions applying to e-cigarettes as well.[33][34] The ban exempts only (1) private residences except when operating as a childcare or adult day care facility, (2) outdoor areas except within 20 feet of the entrance to a public place or place of employment, (3) businesses not open to the public with no employees besides the owner, and (4) American Indian religious and cultural rituals.[34] Local governments may regulate vaping more stringently than the state.[34]

 Ohio

  • Oberlin, banned in all enclosed workplaces, including bars and restaurants[25]

 Oklahoma

  • No statewide vaping ban. Instead, vaping is only prohibited in all Dept. of Corrections facilities, including vehicles and grounds. Localities are prohibited from regulating vaping more stringently than the state.

 Oregon

  • No statewide vaping ban. Instead, state agency employees are prohibited from vaping in State agency buildings and on State agency grounds adjacent to buildings. All other indoor places, including bars and restaurants are free to choose to allow vaping if they wish. Localities may regulate vaping more stringently than the state.
  • Localities with a vaping ban that include all bars and restaurants (2 total):
    • Benton County, banned in all enclosed workplaces, including bars and restaurants[25]
    • Corvallis, banned in all enclosed workplaces, including bars and restaurants[25]

 Pennsylvania

  • Philadelphia, banned in all enclosed workplaces, exempting bars where food accounts for less than 10% of sales and alcohol accounts for more than 90% of sales, and persons under 18 are prohibited.[25] Philadelphia's ordinance is the only local vaping ban in Pennsylvania; vaping is also banned at all city park alongside traditional tobacco products

 South Carolina

  • Localities with a vaping ban that include all bars and restaurants (5 total):
    • Denmark, banned in all enclosed workplaces, including all bars and restaurants[35]
    • Estill, May 1, 2013, banned in all enclosed workplaces, including all bars and restaurants[35]
    • Inman, banned in all enclosed workplaces, including all bars and restaurants[35]
    • West Pelzer, banned in all enclosed workplaces, including all bars and restaurants[35]
    • Yemassee, August 9, 2013, banned in all enclosed workplaces, including all bars and restaurants[35]

 Texas

  • Localities with vaping bans that include all bars and restaurants (10 total):
    • Bonham, banned in bars and restaurants, but not other workplaces[25]
    • El Paso, banned in all enclosed workplaces, including bars and restaurants[25]
    • Frisco, banned in all enclosed workplaces, including bars and restaurants[25]
    • Harlingen, banned in all enclosed workplaces, including bars and restaurants[25]
    • Joshua, banned in all enclosed workplaces, including bars and restaurants[25]
    • Lufkin, banned in all enclosed workplaces, including bars and restaurants[25]
    • San Angelo, banned in all enclosed workplaces, including bars and restaurants[25]
    • San Marcos, banned in all enclosed workplaces, including bars and restaurants[25]
    • Socorro, banned in all enclosed workplaces, including bars and restaurants[25]
    • Waxahachie, banned in all enclosed workplaces, including bars and restaurants[25]
  • Localities with vaping bans that do not include all bars and restaurants (4 total):
    • Bedford, banned in restaurants, but not bars or other enclosed workplaces[25]
    • Boerne, banned in restaurants, but not bars or other enclosed workplaces[25]
    • Weatherford, banned in restaurants, but not bars or other enclosed workplaces[25]
    • Wichita Falls, banned in all enclosed workplaces, exempting bars and restaurants[25]

References

  1. ^ "FDA Fighting for Authority to Regulate Electronic Cigarette". 2 March 2010.
  2. ^ Wilson, Duff (15 January 2010). "Judge Orders F.D.A. to Stop Blocking Imports of E-Cigarettes From China". The New York Times.
  3. ^ "AAFP.org". AAFP.org. Retrieved 18 December 2010.
  4. ^ "FDA Cannot Block E-Cigarette Imports: Court". Fox News. 8 December 2010.
  5. ^ FDA (14 February 2011). "FDA regulation of e-cigarettes rebuffed again". American Medical News. Retrieved 21 February 2011.
  6. ^ Brady Dennis for the Washington Post. April 24, 2014 FDA outlines plan to regulate e-cigarettes
  7. ^ Richtel, Matt (3 May 2014). "Some E-Cigarettes Deliver a Puff of Carcinogens". New York Times. Retrieved 4 May 2014.
  8. ^ Sabrina Tavernise for the New York Times. April 24, 2014 F.D.A. Will Propose New Regulations for E-Cigarettes
  9. ^ US FDA. Federal Register. Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products: A Proposed Rule by the Food and Drug Administration on 04/25/2014
  10. ^ Rom, Oren; Pecorelli, Alessandra; Valacchi, Giuseppe; Reznick, Abraham Z. (2014). "Are E-cigarettes a safe and good alternative to cigarette smoking?". Annals of the New York Academy of Sciences: n/a–n/a. doi:10.1111/nyas.12609. ISSN 0077-8923. PMID 25557889.
  11. ^ "Electronic Cigarette Legislation Prohibiting Sale to Minors in Other States" (PDF). University of Maryland Law School. Retrieved 30 August 2013.
  12. ^ Crowley, Ryan A. (2015). "Electronic Nicotine Delivery Systems: Executive Summary of a Policy Position Paper From the American College of Physicians". Annals of Internal Medicine. 162 (8): 583. doi:10.7326/M14-2481. ISSN 0003-4819. PMID 25894027.
  13. ^ "hb 1541". gencourt.state.nh.us. Retrieved 18 April 2011.
  14. ^ "Azleg.gov". Azleg.gov. Retrieved 18 December 2010.
  15. ^ "Electronic Cigarette Legislation Prohibiting Sale to Minors in Other States" (PDF). University of Maryland, Baltimore. {{cite web}}: Unknown parameter |accessdat= ignored (|access-date= suggested) (help)
  16. ^ "New law bans e-cigarette sales to minors in New York state". syracuse.com. Retrieved July 9, 2015.
  17. ^ Arnold Schwarzenegger (12 October 2009). "SB 400 Senate Bill -Veto". California State Senate. Retrieved 4 November 2009.
  18. ^ "Pennsylvania SB 1055 2013–14". Retrieved 31 January 2014.
  19. ^ "Electronic Cigarettes Should Be Treated Like Tobacco, Say Pennsylvania Doctors". Retrieved 31 January 2014.
  20. ^ "New Law bans e-cigarette use for kids under 18". Retrieved 3 April 2014.
  21. ^ "E-cigarettes ban in Hillsboro parks passes".
  22. ^ "Hawaii becomes fourth state with e-cigarette restrictions". Honolulu Star-Advertiser. Hawaii. April 27, 2015. Retrieved April 27, 2015.
  23. ^ Jon Offredo (July 7, 2015). "E-cig ban bill signed by Markell". delewareonline. Deleware. Retrieved July 7, 2015.
  24. ^ Lempert, Lauren (2014). "The importance of product definitions in US e-cigarette laws and regulations". Tobacco Control. doi:10.1136/tobaccocontrol-2014-051913. PMID 25512432.
  25. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk bl bm bn bo bp bq br bs bt bu bv bw bx by bz ca cb cc cd ce cf cg ch ci cj ck cl cm cn co cp cq cr cs ct cu cv cw cx cy cz da db dc dd de df dg dh di dj dk dl dm dn do dp dq dr ds dt du dv dw dx dy dz ea eb ec ed ee ef eg eh ei ej ek el em en eo ep eq er es et eu ev ew ex ey ez fa fb fc fd fe ff fg fh fi fj fk fl fm fn fo fp fq fr fs ft fu fv fw fx fy fz ga gb gc gd ge gf gg gh gi gj gk gl gm gn go gp gq gr gs gt gu gv gw gx gy gz ha hb hc hd he hf hg hh hi hj hk hl hm hn ho hp hq hr hs ht hu hv hw hx hy hz ia ib ic id ie if ig ih ii ij ik il im in io ip iq ir is it iu iv iw ix iy iz ja jb jc jd je jf jg jh ji jj jk jl jm jn jo jp jq jr js jt ju jv jw jx jy jz ka kb kc kd ke kf kg kh ki kj kk kl km kn ko kp kq kr ks kt ku kv kw kx ky kz la lb lc ld le lf lg lh li lj lk ll lm ln lo lp lq lr ls lt lu lv lw lx ly "States and Municipalities with Laws Regulating Use of Electronic Cigarettes" (PDF).
  26. ^ Principe, Darleen (22 August 2013). "Anti-'vaping' legislation goes adrift". Thousand Oaks Acorn. Retrieved 18 September 2013.
  27. ^ "California lawmaker drops bill to regulate e-cigarettes, bill raising smoking age to 21 stalls". http://www.startribune.com. Retrieved July 9, 2015. {{cite web}}: External link in |website= (help)
  28. ^ Julia O'Donoghue (30 May 2014). "Louisiana bans e-cigarette sales to minors". The Times-Picayune.
  29. ^ a b Alex Woodward (April 13, 2015). "New Orleans bar owners prepare for the April 22 smoking ban and what it will mean for business". Gambit.
  30. ^ Cite error: The named reference anrmunilist was invoked but never defined (see the help page).
  31. ^ "No cigarettes if under 21: New York City approves new anti-tobacco law". http://rt.com. Retrieved July 9, 2015. {{cite web}}: External link in |website= (help)
  32. ^ "Suffolk County law banning tobacco sales to anyone under 21 kicks off today". http://southoldlocal.com/. Retrieved July 9, 2015. {{cite web}}: External link in |website= (help)
  33. ^ Van, Mara (2012-11-08). "Mara Van Ells, "Smoking ban to change bar culture," ''Bismarck Tribune'' (November 8, 2012)". Bismarcktribune.com. Retrieved 2013-12-01.
  34. ^ a b c "North Dakota Initiative Measure 4 (2012)" (PDF). Retrieved 2013-12-01.
  35. ^ a b c d e Cite error: The named reference anrmuelist was invoked but never defined (see the help page).
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