22 Sep Anti-Vaping Laws in the United States Are on the Rise

The FDA regulates the manufacturing and distribution of e-cigarette and vape products in the United States, but anti-vaping laws are still heavily dependent on each state. Concerns over vaping’s impact on health, especially for youth, led many states and regions to restrict access to vape and e-cigarette products.

Unlike cigarette, vapes are harder to detect. This creates a challenge when enforcing no-vape policies and anti-vape laws. Vape smoke cannot be detected through a regular smoke detector. They also do not contain a smell the way that cigarette smoke does. Both challenges make it easier for people who vape to use their products discreetly, even when inside.

Youth Vaping in the U.S.: A Cause for Concern 

Youth vaping is on the rise. The 2022National Youth Tobacco Survey (NYTS) reported that over 2.5 million youth in the U.S. use e-cigarettes. This epidemic has drawn serious health concerns across the United States. Aside from the nicotine’s addictive properties in e-cigarette and vape products, these products can also hinder brain development in youth and increase risks of cancer and lung disease. But, combatting the youth vaping issue has proved difficult.

The youth attraction to flavored vaping products has contributed significantly to the vaping epidemic. It has even led to lawsuits, such as the JUUL settlement, in which vape and e-cigarette companies have been accused of using marketing tactics to make their products appeal to minors.

Anti-Vaping Laws in the U.S.

To combat the growing health concerns over vape and e-cigarette products, states have begun implementing anti-vaping laws. As of March 31, 2023, all 50 states have prohibited the sale of e-cigarettes to minors. Anyone under the age of 21 is no longer allowed to purchase e-cigarette or tobacco products in the U.S. Some states also have flavor bans on e-cigarette and vape products. This helps combat the attraction of flavored products to youth.

The first statewide flavor ban was passed by Massachusetts in 2019, with states such as California and Rhode Island following with their own bans. With these bans, each state can make their own regulations. For example, some states, such as Oregon, only ban online sales. Other states, such as New York, ban both online sales and flavored products totally.

 The E-Cigarette Tax

Alongside anti-vaping laws, e-cigarette taxes have been established in a majority of states in the U.S. Thirty states currently require a tax on e-cigarettes, including Massachusetts, Connecticut, New York, California, and Colorado. Some states also have specified taxes determined by the cost of the e-cigarette product or even the sale of refillable cartridges. This helps deter users from purchases more e-cigarette products as states attempt to raise the cost for consumers.

Enforcing Anti-Vaping Laws

Because of the discreet nature in which vapes and e-cigarette products can be used, schools, workplaces, hospitals, and even hotels have begun to install vape detectors. These detectors can notify important personnel when vape particulates in the air are detected. Regular smoke detectors are unable to detect these particulates. With the installation vape detection, users are deterred from using their products discreetly and businesses can better enforce their no-vape policies.

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Last Updated on September 22, 2023 by Marie Benz