Shawn from ZeeCigs.com tells us a bit about E-Cig bans
Which Countries have banned E-Cigarettes?
ARGENTINA - Banned.
AUSTRALIA – Partial permission: two-tier system. AUSTRIA - Banned. BELGIUM - Banned. BRAZIL - Banned. BRUNEI - Banned. CANADA - Unclear. CHINA – Permitted; but subject to variability by region. COLOMBIA - Banned. COSTA RICA - Permitted. CZECH REPUBLIC - Permitted. DENMARK - Partial permission: two-tier system. ESTONIA - Permitted. EUROPEAN UNION, EU - Permitted. FRANCE - Partial permission. FINLAND - Partial permission: two-tier system. GERMANY - Permitted. GREECE - Unclear. HONG KONG - Partial permission: two-tier system. INDONESIA - Banned. IRAN - Unclear. ISRAEL - Permitted. ITALY - Permitted. IRELAND - Permitted. JAPAN - Partial permission: two-tier system. JORDAN - Banned. |
KOREA, REPUBLIC OF - Permitted.
LATVIA - Permitted. MALAYSIA - Banned. MALTA - Permitted. MAURITIUS - Unclear. MEXICO - Banned. NETHERLANDS - Permitted. NEW ZEALAND - Partial permission: two-tier system. NORWAY - Partial permission: two-tier system. OMAN - Banned. PANAMA - Banned. POLAND - Permitted. RUSSIA - Permitted. SINGAPORE - Banned. SOUTH AFRICA - Partial permission: two-tier system. SWEDEN - Partial permission: two-tier system. TAIWAN - Banned. TAJIKISTAN - Permitted. THAILAND - Banned. TURKEY - Banned. UKRAINE - Permitted, with restrictions. UNITED ARAB EMIRATES, UAE, including Dubai - Banned. UNITED KINGDOM – Permitted. UNITED STATES, USA – Permitted. URUGUAY - Banned. VENEZUELA - Banned. |
Bans in the USA
US States: general
Several States have imposed indoor use restrictions by including e-cigarettes in public indoor smoking bans. These States are not named below, but include for example Utah, N Dakota. A specific regulation is needed as it is unlikely that a court (especially on appeal) would uphold a case brought against an ecig owner accused of 'smoking' indoors in a public place (vaping is not smoking).
One State has confirmed that e-cigarettes cannot legally be included in any smoking definition and will not be restricted indoors (Virginia).
At Q3 2013 no State has implemented a sales ban.
Arizona - Sale of any products containing nicotine to minors & displaying the product near candy is banned.
California - Sottera (NJOY) agreed an out of court settlement on a case brought by the Attorney General, this may set a precedent on acceptable conditions of sale. http://www.courthousenews.com/2010/08/03/Sottera.pdf(2010)
Kansas - The Attorney General has decided that ecigs do not produce smoke and are not covered by the Kansas Indoor Clean Air Act. Sales of e-cigarettes to minors have been banned.http://www.vapersnetwork.org/documents/07410d01.pdf (2011)http://kslegislature.org/li/b2011_12/measures/documents/hb2324_enrolled.pdf (2012)
Minnesota - Sale of any products containing nicotine to minors & displaying the product near candy is banned.
New Hampshire - Sale of any products containing nicotine to minors & displaying the product near candy is banned.
New Jersey - There is a ban on selling to people under 19 years of age and e-cigarettes are included in the New Jersey Smoke Free Air Act which prohibits smoking in indoor public places and workplaces.http://www.politickernj.com/thester/35976/wagner-voss-legislation-combat... (2010)
Oregon - Sales to minors are banned.
Also, electronic cigarettes may not be sold in Oregon unless there is competent and reliable scientific evidence to support the product’s safety claims. In addition, the companies must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims. The ecig company Smoking Everywhere has been banned from trading in Oregon because of violations of the Unlawful Trade Practices Act.http://www.csdecisions.com/2010/08/12/e-cigarettes-versus-oregon/ (2010)
Utah - has banned ecigs for young people, prisoners and people in facilities for 'help' with mental health problems. Use of ecigs in indoor public places is also banned.http://le.utah.gov/~2010/bills/hbillamd/hb0088.htm (2010)http://www.sltrib.com/sltrib/politics/53674989-90/hookahs-ban-cigarettes... (2012)
Virginia - ecigs are officially not covered by smoking ban legislation, and cannot be considered as smoking devices, according to the State AG.
Washington - The King County Board of Health has banned use of electronic cigarettes in public places. Stores are also banned from selling to minors. http://www.nwcn.com/news/washington/King-County-bans-electronic-cigarett...
USDoT - The U.S. Department of Transportation interprets existing federal regulations against smoking on airplanes to apply to e-cigarettes (which is not legal although it has not been challenged). It is reported that no specific air travel regulations exist, since e-cigarettes are clearly not covered by any smoking laws (there is no tobacco, no ignition, no combustion and no smoke); and their attempt to formally include e-cigarettes in smoking regulations was quietly dropped when they were informed that any regulatory approach would be strongly resisted by CASAA and others. Currently, therefore, the DoT opinion appears incorrect and cannot be enforced, and in practice any enforcement of the DoT opinion would probably fail at law. So far this has not been tested.
USAF - The U.S. Air Force stated that e-cigarette use would be governed by the same regulations that limit the use of tobacco products in the Air Force, including prohibitions on their use in workplaces and public spaces that are not designated smoking areas.
www.af.mil/shared/media/document/AFD-100818-044.pdf
Several States have imposed indoor use restrictions by including e-cigarettes in public indoor smoking bans. These States are not named below, but include for example Utah, N Dakota. A specific regulation is needed as it is unlikely that a court (especially on appeal) would uphold a case brought against an ecig owner accused of 'smoking' indoors in a public place (vaping is not smoking).
One State has confirmed that e-cigarettes cannot legally be included in any smoking definition and will not be restricted indoors (Virginia).
At Q3 2013 no State has implemented a sales ban.
Arizona - Sale of any products containing nicotine to minors & displaying the product near candy is banned.
California - Sottera (NJOY) agreed an out of court settlement on a case brought by the Attorney General, this may set a precedent on acceptable conditions of sale. http://www.courthousenews.com/2010/08/03/Sottera.pdf(2010)
Kansas - The Attorney General has decided that ecigs do not produce smoke and are not covered by the Kansas Indoor Clean Air Act. Sales of e-cigarettes to minors have been banned.http://www.vapersnetwork.org/documents/07410d01.pdf (2011)http://kslegislature.org/li/b2011_12/measures/documents/hb2324_enrolled.pdf (2012)
Minnesota - Sale of any products containing nicotine to minors & displaying the product near candy is banned.
New Hampshire - Sale of any products containing nicotine to minors & displaying the product near candy is banned.
New Jersey - There is a ban on selling to people under 19 years of age and e-cigarettes are included in the New Jersey Smoke Free Air Act which prohibits smoking in indoor public places and workplaces.http://www.politickernj.com/thester/35976/wagner-voss-legislation-combat... (2010)
Oregon - Sales to minors are banned.
Also, electronic cigarettes may not be sold in Oregon unless there is competent and reliable scientific evidence to support the product’s safety claims. In addition, the companies must give the Attorney General advance notice that they intend to sell electronic cigarettes in Oregon, provide copies of all electronic cigarette advertising, and provide copies of the scientific studies they maintain substantiates their claims. The ecig company Smoking Everywhere has been banned from trading in Oregon because of violations of the Unlawful Trade Practices Act.http://www.csdecisions.com/2010/08/12/e-cigarettes-versus-oregon/ (2010)
Utah - has banned ecigs for young people, prisoners and people in facilities for 'help' with mental health problems. Use of ecigs in indoor public places is also banned.http://le.utah.gov/~2010/bills/hbillamd/hb0088.htm (2010)http://www.sltrib.com/sltrib/politics/53674989-90/hookahs-ban-cigarettes... (2012)
Virginia - ecigs are officially not covered by smoking ban legislation, and cannot be considered as smoking devices, according to the State AG.
Washington - The King County Board of Health has banned use of electronic cigarettes in public places. Stores are also banned from selling to minors. http://www.nwcn.com/news/washington/King-County-bans-electronic-cigarett...
USDoT - The U.S. Department of Transportation interprets existing federal regulations against smoking on airplanes to apply to e-cigarettes (which is not legal although it has not been challenged). It is reported that no specific air travel regulations exist, since e-cigarettes are clearly not covered by any smoking laws (there is no tobacco, no ignition, no combustion and no smoke); and their attempt to formally include e-cigarettes in smoking regulations was quietly dropped when they were informed that any regulatory approach would be strongly resisted by CASAA and others. Currently, therefore, the DoT opinion appears incorrect and cannot be enforced, and in practice any enforcement of the DoT opinion would probably fail at law. So far this has not been tested.
USAF - The U.S. Air Force stated that e-cigarette use would be governed by the same regulations that limit the use of tobacco products in the Air Force, including prohibitions on their use in workplaces and public spaces that are not designated smoking areas.
www.af.mil/shared/media/document/AFD-100818-044.pdf