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The Legal status of electronic cigarettes is currently pending in many countries, because of the relative novelty of the technology, the possible relationship to tobacco laws and medical drug policies, and public health concerns related to the use of electronic cigarettes. Current regulations vary widely, from regions with no regulations to others banning the devices entirely.
In August 2014, The World Health Organization (WHO) released a report recommending governments ban the use of electronic cigarettes indoors, manufacturers be restricted from claiming e-cigarettes aid smoking cessation until they have robost evidence to validate the claim, prohibit sales to people under 18, and ban the use of vending machines. In February 2014 the European Parliament passed regulations requiring standardization and quality control for liquids and vaporizers, disclosure of ingredients in liquids, and child-proofing and tamper-proofing for liquid packaging. In April 2014 the US FDA published proposed regulations for e-cigarettes along similar lines.
Europe
Legal E-cigarettes that contain nicotine are illegal. Only nicotine-free e-cigarette are legal. De-facto illegal Illegal Unknown
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. 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. 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.
- In Austria nicotine-containing cartridges are classified as medicinal products and e-cigarettes for nicotine inhalation as medical devices.
- 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.
- In the Czech Republic, the use, sale and advertising of electronic cigarettes are legal.
- 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.
- In Estonia, the Estonian State Agency of Medicines had previously banned e-cigarettes, but the ban was overturned in court on 7 March 2013. 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 Rõivas (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, 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.
- In Germany, the sale and use of electronic cigarettes are legal.
- 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.
- 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.
- In Latvia, e-cigarettes are legal.
- In Lithuania, e-cigarettes are legal.
- In the Netherlands, use and sale of electronic cigarettes is allowed, advertising is restricted.
- In Norway the sale and use of electronic cigarettes are legal, but nicotine cartridges can only be imported from other EEA member states (e.g. the UK) for private use.
- In Poland, the sale and use of electronic cigarettes are legal.
- In Portugal, with nicotine it is restricted, without nicotine it is not regulated.
- 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.
- 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. As of December 2011, the tobacco tax does not apply to e-cigarettes and respective liquids containing nicotine.
- In the United Kingdom, the use, sale and advertising of electronic cigarettes are legal and electronic cigarettes are not covered by smoking bans. In 2014 the government announced legislation would be brought forward to outlaw the purchase of electronic cigarettes by people under the age of 18.
- Wales could become the first part of the United Kingdom to ban electronic cigarettes in enclosed public spaces due to unsupported fears their use could "re-normalise" smoking conventional 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."
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." 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. 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.
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.
State regulation
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.
- In New Hampshire, the sale of electronic cigarettes to minors is illegal as of July 2010.
- Arizona is planning to ban the sale of electronic cigarettes to minors.
- In Maryland, sales to minors are banned.
- New York State banned e-cigarette sales to minors starting on 1 January 2013.
- In Pennsylvania, SB 1055 was introduced by Sen. Tim Solobay in 2013 and would ban sales to minors. 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.
- A New Kansas law that goes into effect July 1, 2012 bans possession of e-cigarettes by anyone under 18.
- As if 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.
- As of July 3, 2014, all states except Arkansas, 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.
New York City signed a ban into law on December 30, 2013 which the city is currently being sued for.
States
Alabama
- No statewide e-cigarette ban. Unlike the Alabama Clean Indoor Air Act of 2003, which generally prohibits smoking in public places and public meetings that don't provide a designated smoking area, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Alabama with e-cigarette bans that include all bars and restaurants (8 total):
- Anniston, banned in all enclosed workplaces, including bars & restaurants
- Clay, banned in all enclosed workplaces, including bars & restaurants
- Creola, banned in all enclosed workplaces, including bars & restaurants
- Fultondale, banned in all enclosed workplaces, including bars and restaurants; also includes private clubs
- Midfield, banned in all enclosed workplaces, including bars and restaurants
- Monroeville, banned in all enclosed workplaces, including bars and restaurants
- Troy, banned in all enclosed workplaces, including bars and restaurants
- Vestavia Hills, banned in workplaces, bars, restaurants, hotels/motels, and within 20 feet (6.1 m) of entrances and exits
- Localities in Alabama with e-cigarette bans that do not include all bars and restaurants (2 total):
Alaska
- No statewide e-cigarette ban. Although Alaska's statewide smoking law prohibits smoking in publicly owned spaces that don't provide designated smoking and non-smoking areas, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Alaska with e-cigarette bans that include all bars and restaurants (1 total):
- Palmer, banned in all enclosed worplaces, including bars and restaurants
Arizona
- No statewide e-cigarette ban. Unlike the Smoke Free Arizona Act of May 21, 2007, which prohibits smoking in all enclosed workplaces, including bars & restaurants with prohibitions not applying to places such as private residences, retail tobacco stores, private clubs, smoking associated with American Indian religious ceremonies, outdoor patios, and stage/film/television performances, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Arizona with e-cigarette bans that do not include all bars and restaurants (1 total):
- Coconino County, banned in all enclosed workplaces, including restaurants but exempting bars
- Localities in Arizona with e-cigarette bans that include all bars and restaurants (1 total):
- Tempe, banned in all enclosed public places, including restaurants and bars
Arkansas
- No statewide e-cigarette ban. Instead, e-cigarette usage is generally prohibited on school district property, however usage of e-cigarettes is permitted in places both exempt and not exempt from the Arkansas Clean Indoor Air Act of 2006 which includes restaurants and bars that permit patrons younger than 21 as well as workplaces with more than three employees and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned, but none of them have chosen to do so.
California
- No statewide e-cigarette ban. Unlike the statewide smoking law enacted on January 1, 1998 that prohibits smoking in all enclosed workplaces, including bars and restaurants but exempting workplaces with five of fewer employees and hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere inside and many municipalities are currently taking action by enacting laws that include e-cigarettes along with the prohibition of smoking traditional cigarettes in public.
- 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." 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.
- Localities in California with e-cigarette bans that include all bars and restaurants (26 total):
- Arcata, banned in all enclosed workplaces, including bars and restaurants
- Beverly Hills, banned in bars and restaurants, but not other workplaces
- Campbell, banned in bars and restaurants, but not other workplaces
- Carlsbad, banned in bars and restaurants, but not other workplaces
- Contra Costa County, banned in all enclosed workplaces, including bars and restaurants
- Corte Madera, banned in all enclosed workplaces, including bars and restaurants
- Del Mar, banned in all enclosed workplaces, including bars and restaurants
- Eureka, banned in all enclosed workplaces, including bars and restaurants
- Fairfax, banned in all enclosed workplaces, including bars and restaurants
- Fremont, banned in all enclosed workplaces, including bars and restaurants
- Long Beach, banned in all enclosed workplaces, including bars and restaurants
- Los Angeles, banned in all enclosed workplaces, including bars and restaurants
- Marin County, banned in all enclosed workplaces, including bars and restaurants
- Mill Valley, banned in all enclosed workplaces, including bars and restaurants
- Morgan Hill, banned in all enclosed workplaces, including bars and restaurants
- Mountain View, banned in all enclosed workplaces, including bars and restaurants
- Richmond, banned in all enclosed workplaces, including bars and restaurants
- San Diego banned in all enclosed workplaces, including bars and restaurants
- San Francisco banned in all enclosed workplaces, including bars and restaurants
- Santa Clara County, banned in all enclosed workplaces, including bars and restaurants
- Santa Maria, banned in bars and restaurants, but not other workplaces
- Seal Beach, banned in bars and restaurants, but not other workplaces
- Sebastopol, banned in all enclosed workplaces, including bars and restaurants
- Solana Beach, banned in bars and restaurants, but not other workplaces
- Temecula, banned in all enclosed workplaces, including bars and restaurants
- Tiburon, banned in all enclosed workplaces, including bars and restaurants
- Union City, banned in all enclosed workplaces, including bars and restaurants
- Walnut Creek, banned in bars and restaurants, but not other workplaces
- Localities in California with e-cigarette bans that do not include all bars and restaurants (4 total):
- Oroville, banned in all enclosed workplaces, exempting bars and restaurants
- Petaluma, banned in all enclosed workplaces, exempting bars and restaurants
- San Bernardino, banned in all enclosed workplaces, exempting bars and restaurants
Colorado
- No statewide e-cigarette ban. Instead, e-cigarette usage is only prohibited on school property both indoors and out. However, unlike the Colorado Indoor Air Act, which prohibits smoking in all workplaces, bars, casinos & restaurants while excluding private clubs and hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere at all. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- 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
- Lakewood, July 14, 2014 banned in all enclosed workplaces, including bars and restaurants
Connecticut
- No statewide e-cigarette ban. Unlike The October 1, 2003 Clean Indoor Air Act, which prohibits smoking in all enclosed workplaces, includes bars, cafes, bowling alleys and restaurants but exempting private clubs, e-cigarette usage is generally not prohibited anywhere at all. Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.
Delaware
- No statewide e-cigarette ban. Instead, e-cigarette use is prohibited in all state workplaces, including all buildings, facilities, indoor and outdoor spaces and surrounding grounds, as well as parking lots and state vehicles operated on state workplace property. Bars, restaurants, casinos, private homes and automobiles not used for childcare or daycare or the public transportation of children, rented social halls while being rented, limousines under private hire, hotel/motel rooms designated as smoking rooms, fundraising activities sponsored by an ambulance or fire company while on property owned or leased by the company, fundraising activities sponsored by a fraternal benefit society taking place upon property owned or leased by the society, and all other indoor public places are entirely exempt from the states e-cig regulations. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned but none of them have chosen to do so.
District of Columbia
- District-wide e-cigarette ban: E-cigarette use is prohibited wherever smoking is banned, which includes bars, restaurants, and other public places in the District of Columbia; exempts outdoor areas, designated hotel/motel rooms, retail tobacco stores, cigar bars, hookah bars, and businesses that can show they receive 10% or more of their annual revenue from tobacco sales, excluding cigarette machines.
Florida
- No statewide e-cigarette ban. Unlike the July 1, 2003 statewide smoking law which prohibits smoking in all enclosed public places, including restaurants while excluding stand-alone bars with no more than 10% of revenue from food sales, rooms used for quit-smoking programs and medical research, and designated smoking areas in customs transit areas under the authority of the U.S. Department of Homeland Security, e-cigarette usage is generally not prohibited anywhere inside and unlike traditional smoking, municipalities are not prohibited from regulating e-cigarette usage inside more stringently.
- Localities in Florida with e-cigarette bans that do not include all bars and restaurants (5 total):
- Alachua County, banned in all enclosed workplaces, including restaurants but exempting bars
- Clay County, banned in all enclosed workplaces, including restaurants but exempting bars
- Lighthouse Point, banned in all enclosed workplaces, including restaurants but exempting bars
- Marion County, banned in all enclosed workplaces, including restaurants but exempting bars
- Orange Park, banned in all enclosed workplaces, including restaurants but exempting bars
Georgia
- No statewide e-cigarette ban. Unlike the July 1, 2005 Smokefree Air Act, which prohibits smoking in public workplaces, including bars and restaurants that permit patrons younger than 18, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Georgia with e-cigarette bans that include all bars and restaurants (2 total):
- Chatham County, banned in all enclosed workplaces, including bars and restaurants
- Savannah, banned in all enclosed workplaces, including bars and restaurants
- Localities in Georgia with e-cigarette bans that do not include all bars and restaurants (1 total):
- DeKalb County, banned in all enclosed workplaces, exempting bars and restaurants
Hawaii
- No statewide e-cigarette ban. Instead, e-cigarette usage is prohibited on all Department of Health property except wherever traditional smoking is permitted. All enclosed workplaces, including bars, restaurants, private residences not used as a healthcare or daycare facility, hotel/motel rooms designated as smoking rooms, retail tobacco stores, designated rooms in nursing homes, outdoor places of employment not part of bars or restaurants, any place where smoking is part of a production being filmed, state correctional facilities, and all other indoor places not mentioned are entirely exempt from the states e-cig regulations. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned but so far none of them have chosen to do so.
Idaho
- No statewide e-cigarette ban. Unlike the July 1, 2004 Clean Indoor Air Act which prohibits smoking in all enclosed public places except owner-operated businesses with no employees, bars, private clubs, and hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Idaho with e-cigarette bans that include all bars and restaurants (1 total):
- Ketchum, April 17, 2013, Ketchum officials have banned smoking, including e-cigarettes, in a long list of areas that include all city-owned facilities, parks, and indoor public places and places of employment, including hotel and motel rooms.
Illinois
- No statewide e-cigarette ban. Unlike the Smoke Free Illinois Act of 2008 that prohibits smoking in all enclosed workplaces, including bars and restaurants, e-cgarette usage is generally not prohibited anywhere inside, including even 75% of hotel/motel smoking rooms and hotel/motel lobbies that fall under the state's smoking regulations, and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Illinois with e-cigarette bans that include all bars and restaurants (2 total):
Indiana
- No statewide e-cigarette ban. Unlike the July 1, 2012 "Prohibition on Smoking" Code which prohibits smoking in all enclosed workplaces, including restaurants and hotel/motel smoking rooms while excluding bars, casinos, private clubs, all areas of horse racing facilities and riverboats, e-cigarette usage is generally not prohibited anywhere inside, and municipalities may enact laws restricting their usage in public spaces as far as local government are concerned.
- Localities in Indiana with e-cigarette bans that include all bars and restaurants (1 total):
- Indianapolis, June 1, 2012, signed March 19, 2012 by Mayor Greg Ballard banned in all enclosed workplaces, including bars and restaurants; exempts cigar and hookah bars, retail tobacco stores, off-track betting facilities and private clubs and veterans halls.
Iowa
- No statewide e-cigarette ban. Unlike the Smokefree Air Act of 2008, which prohibits smoking in all enclosed workplaces, including bars and restaurants while excluding hotel/motel rooms designated as smoking rooms, retail tobacco stores, private clubs and casino gaming floors, e-cigarette usage is generally not prohibited anywhere at all inside and municipalities may enact laws restricting their usage in public spaces as far as local government are concerned but none of them have chosen to do so.
Kansas
- 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.
Kentucky
- No statewide e-cigarette ban. In addition to Kentucky have no official indoor smoking law with the exception of smoking only being banned government offices, universities, and the state capitol, except in designated smoking areas by choice, e-cigarettes are not prohibited anywhere inside almost to the degree that traditional tobacco smoking aren't as well. Municipalities may enact laws restricting their usage in public spaces as far as local government are concerned.
- Localities in Kentucky with e-cigarette bans that include all bars and restaurants (4 total):
- Bardstown, banned in all enclosed workplaces, including bars and restaurants
- Glasgow, banned in bars and restaurants, but not other workplaces
- Madison County, banned in all enclosed workplaces, including bars and restaurants
- Manchester, banned in all enclosed workplaces, including bars and restaurants
- Localities in Kentucky with e-cigarette bans that do not include all bars and restaurants (1 total):
- Kenton County, banned in all enclosed workplaces, exempting bars and restaurants
Louisiana
- No statewide e-cigarette ban. Unlike SB 742, which went into effect on January 1, 2007 that prohibits smoking in all enclosed public places, including restaurants but excluding bars, gaming establishments, private clubs, hotel/motel smoking rooms, e-cigarettes are generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local government are concerned.
- Localities in Louisiana with e-cigarette bans that include all bars and restaurants (3 total):
- Monroe, banned in all enclosed public places, including bars and gaming establishments
- Ouachita Parish, banned in all enclosed public places, including bars and gaming establishments
- West Monroe, banned in all enclosed public places, including bars and gaming establishments
Maine
- No statewide e-cigarette ban. Unlike Maine's 2008 smoking law which prohibits smoking in all enclosed workplaces, including bars and restaurants but exempting designate areas in hospitals, designated hotel/motel smoking rooms, private residences except when used as a childcare or healthcare facility, beano and bingo halls, and off-track betting parlors that were in existence on June 30, 2003, e-cigarette usage is generally not prohibited anywhere inside. Municipalities have thus far not acted on regulating usage of e-cigarettes inside, as local government have also never regulated traditional smoking more strictly than the state due to the law being silent on that.
Maryland
- No statewide e-cigarette ban. Instead, e-cigarette usage is generally just prohibited on MARC commuter rail system trains. Enclosed workplaces, including bars, restaurants, casinos, private clubs, private residences and vehicles while not being used as a childcare or healthcare facility, designated hotel/motel smoking rooms, retail tobacco stores, cigar lounges and hookah bars, other tobacco-related workplaces such as importers and distributors, e-cigarette shops, facilities where smoking research is conducted, psychiatric facilities, long-term care facilities, hospitals where a doctor has authorized a patient to smoke/vape, and any business whether or not they had applied for and received a waiver allowing smoking on or before January 1, 2011 are entirely exempt from the state's e-cigarette regulations. Municipalities may restrict e-cigarette usage more strictly than the state, but thus far, none of them have chosen to do so.
Massachusetts
- No statewide e-cigarette ban. Unlike the July 1, 2004 smoking ban that prohibits smoking in all enclosed workplaces, including bars and restaurants while excluding private clubs when not open to the public & designated hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere inside and many municipalities are currently taking action by enacting laws that include e-cigarettes along with the prohibition of smoking traditional cigarettes in public.
- Localities in Massachusetts with e-cigarette bans that include all bars and restaurants (55 total):
- Acton, banned in all enclosed workplaces, including bars and restaurants
- Adams, banned in all enclosed workplaces, including bars and restaurants
- Amherst, banned in all enclosed workplaces, including bars and restaurants
- Arlington, banned in all enclosed workplaces, including bars and restaurants
- Athol, banned in all enclosed workplaces, including bars and restaurants
- Auburn, banned in all enclosed workplaces, including bars and restaurants
- Barre, banned in all enclosed workplaces, including bars and restaurants
- Bolton, banned in all enclosed workplaces, including bars and restaurants
- Boston, banned in all enclosed workplaces, including bars and restaurants
- Bourne, banned in all enclosed workplaces, including bars and restaurants
- Buckland, banned in all enclosed workplaces, including bars and restaurants
- Burlington, banned in all enclosed workplaces, including bars and restaurants
- Deerfield, banned in all enclosed workplaces, including bars and restaurants
- Dighton, banned in all enclosed workplaces, including bars and restaurants
- Dover, banned in bars and restaurants, but not other workplaces
- Dracut, banned in all enclosed workplaces, including bars and restaurants
- Easthampton, banned in all enclosed workplaces, including bars and restaurants
- Fitchburg, banned in all enclosed workplaces, including bars and restaurants
- Foxborough, banned in all enclosed workplaces, including bars and restaurants
- Franklin, banned in all enclosed workplaces, including bars and restaurants
- Gardner, banned in all enclosed workplaces, including bars and restaurants
- Gill, banned in all enclosed workplaces, including bars and restaurants
- Grafton, banned in all enclosed worplaces, including bars and restaurants
- Great Barrington, banned in all enclosed workplaces, including bars and restaurants
- Hatfield, banned in all enclosed workplaces, including bars and restaurants
- Haverhill, banned in all enclosed workplaces, including bars and restaurants
- Lee, banned in all enclosed workplaces, including bars and restaurants
- Lenox, banned in all enclosed workplaces, including bars and restaurants
- Lynn, banned in all enclosed workplaces, including bars and restaurants
- Marblehead, banned in all enclosed workplaces, including bars and restaurants
- Montague, banned in all enclosed workplaces, including bars and restaurants
- Needham, banned in all enclosed workplaces, including bars and restaurants
- New Bedford, banned in all enclosed workplaces, including bars and restaurants
- North Attleborough, banned in all enclosed workplaces, including bars and restaurants
- Northampton, banned in all enclosed workplaces, including bars and restaurants
- Orleans, banned in all enclosed workplaces, including bars and restaurants
- Oxford, banned in all enclosed workplaces, including bars and restaurants
- Pittsfield, banned in all enclosed workplaces, including bars and restaurants
- Salem, banned in all enclosed workplaces, including bars and restaurants
- Saugues, banned in all enclosed workplaces, including bars and restaurants
- Sharon, banned in all enclosed workplaces, including bars and restaurants
- Shelburne, banned in all enclosed workplaces, including bars and restaurants
- South Hadley, banned in all enclosed workplaces, including bars and restaurants
- Stockbridge, banned in all enclosed workplaces, including bars and restaurants
- Sunderland, banned in all enclosed workplaces, including bars and restaurants
- Sutton, banned in all enclosed workplaces, including bars and restaurants
- Swampscott, banned in all enclosed workplaces, including bars and restaurants
- Taunton, banned in all enclosed workplaces, including bars and restaurants
- Townsend, banned in all enclosed workplaces, including bars and restaurants
- Wendell, banned in all enclosed workplaces, including bars and restaurants
- Westminster, banned in all enclosed workplaces, including bars and restaurants
- Westport, banned in all enclosed workplaces, including bars and restaurants
- Westwood, banned in all enclosed workplaces, including bars and restaurants
- Whately, banned in all enclosed workplaces, including bars and restaurants
- Winchester, banned in all enclosed workplaces, including bars and restaurants
Michigan
- No statewide e-cigarette ban. Unlike the law which was enacted on May 1, 2010 that prohibits smoking in all enclosed public places, including bars and restaurants while excluding private home offices and Detroit's three casinos' gambling floors, e-cigarette usage is generally not prohibited anywhere inside while municipalities have thus far not acted on regulating usage of e-cigarettes inside, as local governments have never regulated traditional smoking more strictly than the state due to the law being silent on that.
Minnesota
- No statewide e-cigarette ban. Unlike the Freedom to Breathe Act of 2007 which prohibits smoking statewide in all enclosed workplaces in Minnesota, including public transportation, bars, and restaurants but not designated hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Minnesota with e-cigarette bans that include all bars and restaurants (6 total):
- Duluth, banned in all enclosed workplaces, including bars and restaurants and within 15 feet (4.6 m) of a bus shelter or transit center
- Eden Prairie, banned in all enclosed workplaces, including bars and restaurants
- Ely, banned in all enclosed workplaces, including bars and restaurants
- Hermantown, banned in all enclosed workplaces, including bars and restaurants
- Manktao, banned in all enclosed workplaces, including bars and restaurants
- Waseco, banned in all enclosed workplaces, including bars and restaurants
Mississippi
- No statewide e-cigarette ban. Unlike Clean Indoor Air Act of 2006 which prohibits smoking in state of local government buildings and college universities, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Mississippi with e-cigarette bans that include all bars and restaurants (29 total):
- Anguilla, banned in all enclosed workplaces, including all bars and restaurants
- Arcola, banned in all enclosed workplaces, including all bars and restaurants
- Baldwyn, banned in all enclosed workplaces, including all bars and restaurants
- Bassfield, banned in all enclosed workplaces, including all bars and restaurants
- Bruce, banned in all enclosed workplaces, including all bars and restaurants
- Byram, banned in all enclosed workplaces, including all bars and restaurants
- Calhoun City, banned in all enclosed workplaces, including all bars and restaurants
- Centreville, banned in all enclosed workplaces, including all bars and restaurants
- Coahoma County, banned in all enclosed workplaces, including all bars and restaurants
- Duncan, banned in all enclosed workplaces, including all bars and restaurants
- Durant, banned in all enclosed workplaces, including all bars and restaurants
- Ethel, banned in all enclosed workplaces, including all bars and restaurants
- Farmington, banned in all enclosed workplaces, including all bars and restaurants
- Flowood, banned in all enclosed workplaces, including all bars and restaurants
- Forest, banned in all enclosed workplaces, including all bars and restaurants
- Friars Point, banned in all enclosed workplaces, including all bars and restaurants
- Georgetown, banned in all enclosed workplaces, including all bars and restaurants
- Louisville, banned in all enclosed workplaces, including all bars and restaurants
- Magee, banned in all enclosed workplaces, including all bars and restaurants
- Monticello, banned in all bars and restaurants, but not other workplaces
- Moorhead, banned in all enclosed workplaces, including all bars and restaurants
- New Augusta, banned in all enclosed workplaces, including all bars and restaurants
- Plantersville, banned in all enclosed workplaces, including all bars and restaurants
- Prentiss, banned in all enclosed workplaces, including all bars and restaurants
- Rolling Fork, banned in all enclosed workplaces, including all bars and restaurants
- Sumner, banned in all enclosed workplaces, including all bars and restaurants
- Walnut, banned in all enclosed workplaces, including all bars and restaurants
- Wesson, banned in all enclosed workplaces, including all bars and restaurants
- Woodville, banned in all enclosed workplaces, including all bars and restaurants
Missouri
- No statewide e-cigarette ban. Unlike the Clean Indoor Air Act of 1992, which prohibits smoking only in enclosed public places (including workplaces) and public meetings, except in designated smoking areas that occupy no more than 30% of the place's enclosed area, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Missouri with e-cigarette bans that include all bars and restaurants (4 total):
- Creve Coeur, January 2, 2011, banned by unanimous city council vote in all enclosed workplaces, including bars and restaurants; exempts cigar bars, e-cigarette shops, private clubs, tobacco shops, and hotel/motel designated smoking rooms
- Jefferson City, January 31, 2011, banned in all enclosed workplaces, including bars and restaurants, after public vote of 58%–42%.
- 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)
- 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; exempted hookah lounges until April 15, 2014.
Montana
- No statewide e-cigarette ban. Unlike Montana's general indoor smoking law as of October 1, 2009 that prohibits smoking in all enclosed public places except private residences not used as a daycare facility or healthcare facility, private motor vehicles, tobacco demonstrations in schools, designated hotel/motel smoking rooms, and American Indian religious and cultural activities, e-cigarette usage is generally not prohibited anywhere inside at all. Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.
Nebraska
- No statewide e-cigarette ban. Unlike the Clean Indoor Air Act of 2009 which prohibits smoking in all public places, including bars and restaurants while excluding designated hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere at all inside and municipalities may enact laws restricting their usage in public spaces as far as local government are concerned but none of them have chosen to do so.
Nevada
- No statewide e-cigarette ban. Unlike the Indoor Smoking Air Act of 2007 which prohibits smoking in all public places except bars, casinos, private clubs, designated smoking rooms in hotels/motels.
New Hampshire
- No statewide e-cigarette ban. Instead, the only regulations on e-cigarette usage in public spaces is in public educational facilities and on grounds thereof. Child daycare facilities, hospitals, grocery stores, elevators and public conveyances (even when rented for private purposes), restaurants, bars, private clubs, and religious and fraternal organizations (including bars and restaurants inside these places), hotel and motel rooms, rented halls and rooms under control of the renter, college dormitory rooms, public housing, nursing homes, areas designated by hospitals, alcohol/drug rehabilitation facilities, and all other indoor places not mentioned are exempt from the states e-cigarette regulations. Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.
New Jersey
- Statewide e-cigarette ban: A law which went into effect on January 11, 2010 banning e-cigarette usage statewide in all enclosed workplaces in New Jersey, including all bars and restaurants, strip clubs, hospitals, psychiatric facilities, as well as outside portions of school grounds. The Act exempts city parks, beaches, cigar bars, tobacco retail stores, tobacco manufacturing facilities, private residences and private automobiles, off-track betting parlors, and designated hotel/motel smoking rooms. Local governments may regulate e-cigarettes more stringently than the Act. Violating the Act can result in a fine of between $250 and $1,000, depending how many violations one has incurred within a year.
New Mexico
- No statewide e-cigarette ban. Unlike the Dee Johnson Clean Indoor Air Act which banns smoking statewide in all enclosed workplaces in New Mexico, including all bars and restaurants, as well as within fifty feet of the entrances to those places, but not casinos, private club & designated hotel/motel smoking rooms, e-cigarette usage is generally not prohibited anywhere at all inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in New Mexico with e-cigarette bans that include all bars and restaurants (1 total):
- Santa Fe, banned in all enclosed workplaces, including bars and restaurants
New York
- No statewide e-cigarette ban. Instead, e-cigarette usage is only prohibited within 100 feet of a public or private school entrance which has been effective as of September 2012. All other indoor places, including bars, restaurants, construction sites, private homes and automobiles, hotel/motel rooms, retail tobacco businesses, private clubs, cigar bars, outdoor areas of restaurants and bars, and enclosed rooms in restaurants, bars, convention halls, etc., when hosting private functions organized for the promotion and sampling of tobacco products are entirely exempt from the state's e-cigarette regulations. Municipalities may regulated e-cigarette usage more strictly than the state as far as local governments are concerned.
- Localities in New York with e-cigarette bans that include all bars and restaurants (3 total):
- Cattaraugus, banned in bars and restaurants, but not other workplaces
- Chautauqua, banned on county property except county forests, hiking trails, and waterways except under a pavilion or building and within 100 feet of such structure.
- New York City, Effective April 29, 2014, usage of e-cigarettes is prohibited where all traditional smoking is prohibited; exempts retail e-cigarette stores and vaping lounges. Also effective May 18, 2014, everyone under the age of 21 is banned from buying cigarettes, tobacco products and e-cigarettes.
- Suffolk County, banned in all enclosed workplaces, including bars and restaurants
North Carolina
- No statewide e-cigarette ban. Unlike North Carolina Session Law 2009-27 that prohibits smoking mostly in bars and restaurants but not other public places to the same extent, e-cigarette usage is generally not prohibited anywhere inside, and it is unclear if local governments can regulate e-cigarettes indoors, since there are not regulations currently on indoor e-cigarette usage.
North Dakota
- Statewide e-cigarette ban: In December 2012, North Dakota's existing partial smoking ban was amended so as to ban smoking (including e-cigarettes) statewide in all enclosed public places and places of employment, including all bars, restaurants, and tobacco stores. 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. Local governments may regulate vaping more stringently than the state.
Ohio
- No statewide e-cigarette ban. Unlike Chapter 3794 (titled "Smoking Ban") which bans smoking statewide in all enclosed workplaces Ohio, including bars and restaurants while exempting private residences except when being used as a business when employees other than the owner are present, designated hotel/motel smoking rooms, family-owned and operated businesses not open to the public where all employees are related to the owner, designated smoking areas in nursing homes, outdoor patios, & private clubs with no employees, e-cigarette usage is generally not prohibited anywhere inside. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned, but none of them have chosen to do so.
Oklahoma
- No statewide e-cigarette ban. Instead, e-cigarette usage is only prohibited in all Department of Corrections facilities, including vehicles. All other indoor places, including restaurants and hotels (anywhere inside either places), bars, private clubs, bingo halls, retail tobacco stores, small family-owned workplaces, workplaces occupied exclusively by smokers, veterans' halls, and designated employee smoking areas are entirely exempt from the state's e-cigarette regulations. Alongside traditional cigarettes, municipalities are also forbidden from enacting e-cigarette laws stricter than the state law.
Oregon
- No statewide e-cigarette ban. Instead, the only prohibition on e-cigarette usage that exists is state agency employees are prohibited from using tobacco products, including e-cigarettes, in state agency buildings and on state agency grounds adjacent to buildings. All other indoor places, including bars and restaurants, are not included in the state's e-cigarette regulations.
- Localities in Oregon with e-cigarette bans that include all bars and restaurants (1 total):
- Corvallis, banned in all enclosed workplaces, including bars and restaurants, including within 10 feet (3.0 m) of entrances to such places
Pennsylvania
- No statewide e-cigarette ban. Unlike Pennsylvania's statewide smoking law effective September 11, 2008 that prohibits in all enclosed public places excluding bars, casinos, private clubs, designated smoking rooms in hotels/motels and some restaurants, e-cigarette usage is generally not prohibited anywhere inside. It is assumed that local governments except Philadelphia are preempted from regulating e-cigarette usage more stringently than the state.
- Localities in Pennsylvania with e-cigarette bans that do not include all bars and restaurants (1 total):
- 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; also includes parks
Rhode Island
- No statewide e-cigarette ban. Unlike the Public Health and Workplace Safety Act of 2005 that prohibits smoking in all enclosed workplaces, including bars and restaurants while excluding outdoor areas, private and semiprivate rooms in nursing homes, stage performances involving smoking, & the two state-licensed gambling facilities, Newport Grand and Twin River Casino, e-cigarette usage is generally not prohibited anywhere inside. Municipalities may enact laws restricting e-cigarette usage inside but so far none of them have chosen to do so.
South Carolina
- No statewide e-cigarette ban. Unlike the Clean Indoor Air Act of 1990 that prohibits smoking only in publicly owned places like public schools, childcare and healthcare facilities, government buildings, elevators, public transportation vehicles & public theatres and arenas, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage as far as local governments are concerned.
- Localities in South Carolina with e-cigarette bans that include bars and restaurants (2 total):
South Dakota
- No statewide e-cigarette ban. Instead, e-cigarette usage is only prohibited in Department of Corrections facilities and on grounds thereof, by both employees and inmates, the only regulations that exist on e-cigarette usage inside. All other indoor places, including workplaces, bars, restaurants, and hotel/motel smoking rooms are excluded from the state's e-cigarette regulations. Municipalities have thus far not acted on regulating usage of e-cigarettes inside, as local government have also never regulated traditional smoking more strictly than the state due to the law being silent on that.
Tennessee
- No statewide e-cigarette ban. Unlike the Non-Smoker Protection Act of 2007 that prohibits smoking in all enclosed workplaces but exempting bars & restaurants that prohibit patrons younger than 21, designated hotel/motel smoking rooms & private clubs, e-cigarette usage is generally not prohibited anywhere inside. Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.
Texas
- No statewide e-cigarette ban. Unlike Texas's 1997 statewide smoking law that only prohibits smoking in public schools, elevators, theatres, libraries, museums, hospitals, buses, airplanes & trains, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in Texas with e-cigarette bans that include all bars and restaurants (4 total):
- Frisco, banned in all enclosed workplaces, including bars and restaurants
- Lufkin, banned in all enclosed workplaces, including bars and restaurants
- San Angelo, banned in all enclosed workplaces, including bars and restaurants
- Socorro, banned in all enclosed workplaces, including bars and restaurants
- Localities in Texas with e-cigarette bans that do not include all bars and restaurants (2 total):
- San Marcos, banned in all enclosed workplaces, exempting bars and restaurants
- Weatherford, banned in all restaurants, but not bars or other enclosed workplaces
Utah
- Statewide e-cigarette ban: A law went into effect on May 8, 2012 that prohibits the usage of e-cigarettes wherever traditional cigarettes are prohibited which includes workplaces, bars, private clubs, & restaurants while exempting (1) designated hotel/motel smoking rooms, (2) areas of owner-operated businesses with no employees besides the owner, and American Indian religious and cultural ceremonies. Notwithstanding the preemption against political subdivisions modifying the restrictions on indoor smoking or vapinh, the Act expressly allows such political subdivisions to regulate "smoking & vaping in outdoor places of public access which are owned or operated by" (emphasis added) a political subdivision (specifically including state institutions of public or higher education).
Vermont
- No statewide e-cigarrete ban. Instead, the only prohibitions on e-cigarette usage that exist are prohibitions on school grounds and at child care facilities, both indoors and outdoors. All other places, including enclosed workplaces, bars, restaurants, private clubs and designated hotel/motel smoking rooms are entirely exempt from the state's e-cigarette regulations. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned but none of them have chosen to do so.
Virginia
- No statewide e-cigarette ban. Unlike the Clean Indoor Air Act of 2009 that prohibits smoking generally only in public spaces, including restaurants (including bars) to separately ventilated designated smoking rooms that are structurally separated from the rest of the establishment, e-cigarette usage is generally not prohibited anywhere inside. Since local governments are forbidden from regulating traditional smoking more stringently than the state, it is unclear if the same applies to e-cigarettes.
Washington
- No statewide e-cigarette ban. WA Clean Indoor Air Act of 2005 prohibits smoking in all enclosed public places, including bars and restaurants while excluding 25% of hotel/motel smoking rooms and private clubs in enclosed spaces with no employees; businesses on tribal lands are exempt. E-cigarette usage is generally not prohibited anywhere inside or outdoors and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities with e-cigarette bans that include all bars and restaurants (1 total):
- King County, banned in all enclosed workplaces, including bars and restaurants
West Virginia
- No statewide e-cigarette ban. Unlike West Virginia's statewide smoking law that prohibits smoking only in public transportation vehicles where a "no smoking" sign is posted, areas of public school except teacher's lounges not accessible to students (unless a local education board rules differently), workplaces where a "no smoking" sign is posted, areas near surface magazines for explosives used in mining, mines and structures around mines, nonsmoking sections in bingo halls, and nonsmoking areas in nursing homes, e-cigarette usage is generally not prohibited anywhere inside and municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned.
- Localities in West Virginia with e-cigarette bans that include all bars and restaurants (13 total):
- Berkeley County, banned in all enclosed workplaces, including bars and restaurants
- Calhoun County, banned in all enclosed workplaces, including bars and restaurants
- Greenbrier County, banned in all enclosed workplaces, including bars and restaurants
- Lewis County, banned in all enclosed workplaces, including bars and restaurants
- Mineral County, banned in all enclosed workplaces, including bars and restaurants
- Pleasants County, banned in all enclosed workplaces, including bars and restaurants
- Randolph County, banned in all enclosed workplaces, including bars and restaurants
- Ritchie County, banned in all enclosed workplaces, including bars and restaurants
- Roane County, banned in all enclosed workplaces, including bars and restaurants
- Taylor County, banned in all enclosed workplaces, including bars and restaurants
- Wirt County, banned in all enclosed workplaces, including bars and restaurants
- Wood County, banned in all enclosed workplaces, including bars and restaurants
- Localities in West Virginia with e-cigarette bans that do not include all bars and restaurants (2 total):
- Marshall County, banned in all enclosed workplaces, exempting bars and restaurants
- Webster County, banned in all enclosed workplaces, including restaurants but exempting bars
Wisconsin
- No statewide e-cigarette ban. Unlike Wisconsin's smoking ban which went into effect on July 1, 2010, banning smoking statewide in all enclosed workplaces in Wisconsin, including all bars, restaurants, lodging establishments, and private clubs, as well as within a "reasonable distance" outdoors from any such place, except in bar/restaurant outdoor patios, e-cigarette usage is generally not prohibited anywhere inside. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned, but none of them have chosen to do so.
Wyoming
- No statewide e-cigarette ban. In addition to Wyoming being the only state without a single smoking law, e-cigarette usage is generally not prohibited anywhere inside. Municipalities may enact laws restricting their usage in public spaces as far as local governments are concerned, but none of them have chosen to do so.
Other countries
- In Australia, the Federal Department of Health and Ageing classifies every form of nicotine, except for replacement therapies and cigarettes, as a form of poison. The Therapeutic Goods Administration has said that there were no laws preventing the importation of e-cigarettes bought over the internet for personal use, unless prohibited by state and territory legislation. State laws in Australia's various states are a little bit conflicting. According to the Poisons Standard of 2010, inhaled nicotine is Pharmacy Only, or a Schedule 2 medication when used to help quit smoking. In April 2014 Western Australia made it illegal to sell or supply electronic cigarettes regardless of their appearance. Previously they were banned if they looked like cigarettes. The court ruled that the action they provided in and of itself looks like cigarettes.
- In Argentina, sales, importation and manufacturing have been banned by the local regulatory authority as well as its use has been discouraged by the National Clinical Practice Guideline for Tobacco Cessation from lack of enough evidence.
- In Brazil, the sale, importation and advertising of any kind of electronic cigarette is forbidden. The Brazilian health and sanitation federal agency, Anvisa, found the current health safety assessments about e-cigarettes to not be yet satisfactory for commercial approval eligibility.
- In Canada, as of March 2014, while the importation, sale, and advertising of electronic cigarettes containing nicotine is permitted, manufacturers and retailers may not make any claims about the products' efficacy for any health purpose.
- In China, the sale and use of electronic cigarettes is legal.
- In Egypt, the Egyptian Ministry of Health technical committee has rejected applications for marketing authorization of electronic cigarettes on the grounds that they contain harmful chemicals, and lack safety and toxicity data.
- In Hong Kong the sale and possession of nicotine-based electronic cigarettes, classified as a Type I Poison, is governed under the Pharmacy and Poisons Ordinance. Sale or possession is not authorized and both are considered punishable with a fine of up to HK$100,000 and/or a prison term of 2 years. However, the law does not cover any non-nicotine inhalers.
- In India, the use of electronic cigarettes is legal. Under the Indian Health Law of 2006, tobacco smoking has been banned in public. Since e-cigarettes avoid the use of tobacco, they do not fall under this law.
- In Israel in 2013, the Ministry of Health planned to extend existing laws on smoking in public places to e-cigarettes, a year after warning against the product's usage.
- In Japan, no laws pertaining specifically to the use of electronic cigarettes exists. However, the sale of products containing nicotine in Japan is regulated and no express permission to sell e-liquids containing nicotine has been given. Because of this, the sale of vaporizers is legal, but the sale of e-liquid is not. Individuals may however import e-liquid from overseas for personal use.
- In Lebanon, the council of ministers has banned the sale and use of electronic cigarettes, starting 21 September 2011.
- In Malaysia, the sale of e-cigarettes is legal. The sale of liquid nicotine falls under the Poisons Act 1952 and the Control of Drugs and Cosmetics Regulations 1984. Those found guilty of selling and distributing liquid nicotine without appropriate licences may be fined no more than RM3,000, be jailed for no more than two years, or both.
- In Mexico, the Federal Commission for the Protection Against Sanitary Risks, announced that according to Mexican Law, the selling and promotion of non-tobacco objects that include elements generally associated with tobacco products are forbidden.
- In Nepal, under current cigarette laws, the use and sale of e-cigarettes is permitted.
- In Pakistan, the import and sale of electronic cigarettes is legal, but Pakistan Medical and Dental council find that the current health safety assessments of e-cigarettes to not yet be satisfactory.
- In Panama, the importation, distribution and sale of electronic cigarettes have been prohibited since June 2009. The Ministry of Health cites the FDA findings as their reasoning for the ban.
- In Singapore, electronic cigarettes (e-cigarettes) are currently prohibited under Section 16 (1) of the Tobacco (Control of Advertisements and Sale) Act, which is enforced by the Health Sciences Authority (HSA). This legislation prohibits the importation, distribution, sale or offer for sale of any confectionery or other food product or any toy or other article that is designed to resemble a tobacco product or the packaging of which is designed to resemble the packaging commonly associated with tobacco products. HSA takes a serious view on any person who contravenes the law. Those guilty of the offence are liable to a fine of up to $5, 000 upon conviction. According to Health Minister Khaw Boon Wan, electronic cigarettes are the industry's attempt to attract new users and were marketed to appeal to younger customers, including women.
- In South Korea, the sale and use of electronic cigarettes is legal, but is heavily taxed. Electric cigarette possession among teenagers remains an issue.
- In Turkey, the sale of electronic cigarettes and e-liquids are illegal.
- In United Arab Emirates, the sale and use of electronic cigarettes is illegal.
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Etter legemiddellovgivningen er overnevnte regler ikke til hinder for privatimport fra utlandet. Dersom produktet privatimporteres til røykeslutt, gjelder reglene i forskrift om tilvirkning og import av legemidler § 3-2. Her stilles det ulike krav avhengig av hvilket land (innenfor eller utenfor EØS) det importeres fra og hvordan (ved innreise eller forsendelse). Produktet må være lovlig ervervet og til personlig bruk
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