1. a b c Cox, Jim (2008). Sold On Radio Advertisers in the Golden Age of Broadcasting. McFarland. p. 102 103. ISBN 0786433914.
  2. Brenner, Marie (May 1996). “The Man Who Knew Too Much”. Vanity Fair 4.
  3. Kessler, D. A. (1994). “The control and manipulation of nicotine in cigarettes”. Tobacco Control 3 362 369. doi 10.1136/tc.3.4.362. PMC 1759375.
  4. “Deposition of Jeffrey Wigand, Ph.D.”. Legacy Tobacco Documents Library. University of California, San Francisco. November 14, 1996. Retrieved November 20, 2012.
  5. Cox 2008, p. 231
  6. “Our international brands”. British American Tobacco. Retrieved November 20, 2012.

Legal status of electronic cigarettes – wikipedia, the free encyclopedia

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On 19 December 2012 the European Commission adopted its proposal to revise the European Union Tobacco Products Directive 2001/37/EC which included proposals to introduce restrictions on the use and sales of e cigarettes. 5 6 7 On 8 October 2013 the European Parliament in Strasbourg voted down the Commission’s proposal to introduce medical regulation for electronic cigarettes, but proposed that cross border marketing of e cigarettes be regulated similarly to tobacco products, meaning that sales of e cigarettes to under 18s would be prohibited in the European Union, along with most cross border advertising. Warning labels also would be required. The Parliament and Member States are involved in trilogue discussions to reach a common conclusion. 8 In February 2014, the European Parliament approved new regulations for tobacco products, including e cigarettes. The new regulations forbid advertising of e cigarettes, set limits on maximum concentrations of nicotine in liquids, limit maximum volumes of liquid that can be sold, require child proof and tamper proof packaging of liquid, set requirements on purity of ingredients, require that the devices deliver consistent doses of vapor, require disclose of ingredients and nicotine content, and empower regulators to act if the regulations are violated. 9 10 In October 2014 e cigarette manufacturer Totally Wicked won the right to challenge the directive at the Court of Justice of the EU. 11 The hearing is expected to take place in 2015. 11

  • In Austria nicotine containing cartridges are classified as medicinal products and e cigarettes for nicotine inhalation as medical devices. 12
  • In Bulgaria, the sale and use of electronic cigarettes are legal, as well as the sale of cartridges and liquids with nicotine. There are no specific regulations from EU. 13
  • In the Czech Republic, the use, sale and advertising of electronic cigarettes are legal. 14
  • In Denmark, the Danish Medicines Agency classifies electronic cigarettes containing nicotine as medicinal products. Thus, authorization is required before the product may be marketed and sold, and no such authorization has currently been given. The agency has clarified, however, that electronic cigarettes that do not administer nicotine to the user, and are not otherwise used for the prevention or treatment of disease, are not considered medicinal devices. 15
  • In Estonia, the Estonian State Agency of Medicines had previously banned e cigarettes, but the ban was overturned in court on 7 March 2013. 16 Currently e liquids containing more than 0.7 mg/ml of nicotine are still considered medicine and as such cannot be legally purchased within the country due to no manufacturer being licensed properly. Following the outcome of EU tobacco directive in October 2013, the legislation is moving towards a more relaxed stance on the issue. As stated by the Estonian minister of social affairs Taavi R ivas (in charge of tobacco regulation), e cigarettes will receive an advertisement ban and will clearly be banned for minors but will be available for adults before the end of 2013.
  • In Finland, the National Supervisory Authority of Welfare and Health (Valvira) declared that the new tobacco marketing ban (effective 1 January 2012) will also cover electronic cigarettes, 17 resulting in that Finnish stores or webstores can’t advertise e cigarettes because they might look like regular cigarettes. In theory, e cigarettes with nicotine free cartridges may still be sold, as long as their images and prices are not visible. Ordering from abroad remains allowed. Sale of nicotine cartridges is currently prohibited, as nicotine is considered a prescription drug requiring an authorization that such cartridges do not yet have. However, the Finnish authorities have decided that nicotine cartridges containing less than 10 mg nicotine, and e liquid containing less than 0,42 g nicotine per bottle, may be legally brought in from other countries for private use. If the nicotine content is higher, a prescription from a Finnish physician is required. From a country within the European Economic Area a maximum of one year’s supply may be brought in for private use when returning to Finland, while three months’ supply may be brought in from outside the EEA. Mail order deliveries from EEA countries, for a maximum of three months’ supply, are also allowed. 18 19
  • In Germany, the sale and use of electronic cigarettes are legal. 20
  • In Hungary, the sale and use of electronic cigarettes are legal. The sale of cartridges and liquids with nicotine is illegal.
  • In Ireland, the sale and use of electronic cigarettes are legal. 14
  • In Italy, by a Health Ministry decree (G.U. Serie Generale, n. 248, 23 October 2012) electronic cigarettes containing nicotine cannot be sold to individuals under 16 years of age. 21
  • In Latvia, e cigarettes are legal. 22
  • In Lithuania, e cigarettes are legal. 22
  • In the Netherlands, use and sale of electronic cigarettes is allowed, advertising is restricted. 14
  • In Norway the sale and use of electronic cigarettes are legal, 14 but nicotine cartridges can only be imported from other EEA member states (e.g. the UK) for private use. 23
  • In Poland, the sale and use of electronic cigarettes are legal. 14
  • In Portugal, with nicotine it is restricted, without nicotine it is not regulated. 14
  • In Romania, the sale and use of electronic cigarettes are legal, the World Health Organization proposed that electronic cigarettes mustn’t be sold to teenagers, though the idea was not estabilshed as a law electronic cigarette merchants are trying to respect it. 24
  • In Switzerland, the sale of nicotine free electronic cigarettes is legal. The use and importation of electronic cigarettes containing nicotine is legal, but they cannot be sold within the country. 25 As of December 2011, the tobacco tax does not apply to e cigarettes and respective liquids containing nicotine. 26
  • In Turkey electronic cigarettes are sold openly 27
  • In the United Kingdom, the use, sale and advertising of electronic cigarettes are legal and electronic cigarettes are not covered by smoking bans. 28 In 2014 the government announced legislation would be brought forward to outlaw the purchase of electronic cigarettes by people under the age of 18. 28
  • Wales could become the first part of the United Kingdom to ban electronic cigarettes in enclosed public spaces. 29

United States edit Federal regulation edit

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.” 30 31

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.” 32 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. 33 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 Janua
ry 2011, declined to review the decision en banc, blocking the products from FDA regulation as medical devices. 34

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. 35 36 37 38

State regulation edit

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. 39

  • In New Hampshire, the sale of electronic cigarettes to minors is illegal as of July 2010. 40
  • Arizona is planning to ban the sale of electronic cigarettes to minors. 41
  • In Maryland, sales to minors are banned. 42
  • New York State banned e cigarette sales to minors starting on 1 January 2013. 43
  • In Pennsylvania, SB 1055 was introduced by Sen. Tim Solobay in 2013 and would ban sales to minors. 44 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. 45
  • A Kansas law that went into effect July 1, 2012 banned possession of e cigarettes by anyone under 18. 46
  • 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. 47
  • 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.

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. 48

New York City signed a ban into law on December 30, 2013. 49 50

States edit Alabama edit

  • Localities in Alabama with e cigarette bans that include all bars and restaurants
    • Daphne, banned in all publicly owned city facilities does not including private workplaces, nor bars and restaurants 51
    • Foley, banned in all enclosed workplaces, including restaurants but exempting bars 52
    • Opelika, banned in all enclosed workplaces, including restaurants but exempting bars 53

California edit

  • 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.” 54 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. 55

Colorado edit

  • Localities in Colorado with e cigarette bans that include all bars and restaurants (2 total)
    • Fort Collins, July 15, 2014 banned in all enclosed workplaces, including bars and restaurants also includes hotel/motel smoking rooms 56
    • Lakewood, July 14, 2014 banned in all enclosed workplaces, including bars and restaurants 57

Kansas edit

  • No statewide e cigarette ban. Instead, e cigarette usage 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. Municipalities may enact laws restricting their usage in public spaces more stringently than the state, but so far Overland Park is the only city to have done so, banning their use in public and sports arenas, restricting sales to minors, and requiring new stores operate from standalone storefronts. 58

Missouri edit