E Cigarette Ban – Which States Are Affected?

Since early 2008, the FDA has come down hard on the manufacturers of electronic cigarettes, stating that these forms of cigarettes are as bad or worse than traditional tobacco cigarettes. To date, nearly 50 shipments to the United States have been refused by the FDA, but this is a mere fraction of the amount of cigarettes that are shipped to the United States every day.

The FDA has stated that some e cigarettes contain carcinogens and toxins that are just as bad as those found within tobacco cigarettes, but these statements are highly debatable and contested by professionals in the medical field. As recently as December 7th, 2010, the United States court ruled against the FDA ban on imports, stating that electronic cigarettes are classified as tobacco products despite not containing any tobacco and must be marketed as such.

While the court has overturned the import ban on a federal level, individual states within the union still have the right to their own legislation and several states have taken control of the product in order to regulate its usage.

Governor Arnold Schwarzenegger recently vetoed a bill dedicated to the ban of electronic cigarettes within the state, citing his reasoning as “if adults want to purchase and consume these products with an understanding of the associated health risks, they should be able to do so.”

New Jersey
New Jersey congress members voted to treat electronic cigarettes just as their real counterparts, by submitting them to the same legislation that controls the New Jersey Smoke Free Air Act. Part of this decision was influenced by the fact that many electronic cigarettes resemble their tobacco-filled counterparts.

Efforts to restrict the sale and use of electronic cigarettes within the state have been in effect since 2009, though no concrete legislation against the use of the devices have been passed.

New Hampshire
It is currently legal for minors to purchase and possess electronic cigarettes within the state of New Hampshire, though several lobbyist groups such as Breathe New Hampshire are seeking to make this illegal as they feel as though electronic cigarettes could be considered a gateway drug into smoking real cigarettes for many minors.

New York
New York legislators are considering a e cigarette ban in New York, citing potential health risks and that smoking electronic cigarettes can be just as addictive as smoking tobacco cigarettes.

Arizona has a planned ban on the sale of electronic cigarettes to minors.

Washington State
King County officials have placed a ban on smoking electronic cigarettes in public places, as well as selling the devices to minors.

While these are the only states with current legislation in action against the sale or purchase of electronic cigarettes, they are not the only states to have considered it in the past. More than 20 states have looked at the issue over the past two years, with more expected to return to the table since countries across the world such as Canada, Brazil, Panama, and Singapore have banned the use of the devices within their respective borders.

Image: renjith krishnan / FreeDigitalPhotos.net

11 Comments/Reviews

  • Kris Barlow says:

    How can we allow our government agencies restrict us from making decisions for ourselves? I hope smokers, non-smokers and those that use electronic cigarettes alike can see how ridiculous this is. These bans are using phrases including, “electronic cigarettes resemble their tobacco-filled counterparts”, “could be considered a gateway drug into smoking real cigarettes”, and “potential health risks”. There is not one fact cited to back any claims made by them or the FDA. Why are any of the states considering a ban on these when real cigarettes are still being sold everywhere? Oh, that’s right, because they can not find a legal way of taxing them and lining their pockets with more of our money as they do with cigarettes. And these anti-smoking groups are jumping on the bandwagon that is being led by the FDA who is using scare tactics and false information to inflame the public by telling us they are worse than real cigarettes.

    Although they are not sold as a cessation device, I smoked for 27 yrs and tried quitting with the pills and patches that the FDA say are safe. The methods that they line their pockets with causes a long list of very real health risks. Apparently health risks are OK as long as they receive funding from them. I was able to quit smoking the very first day I started using an electronic cigarette and have been smoke free for almost 6months now.

    Before you form an opinion, educate yourself!

  • J Coffey says:

    Isn’t it amazing how so many anti-smokers can be so ignorant? I love the “if it looks and acts like a cigarette then it must be regulated like one”,it makes the person sound like a 12 year old child.

  • tasha says:

    I dont understand the ecig bans. why ban something thats a better substitute for smoking? are they planning on banning smoking cessation patches and gums as well? what about the smoking cessation pill that was approved by the FDA and was found to raise the users risk for suicide? how is THAT still legal?

  • Chuck says:

    I thought the burden of proof was on those who claim e smokes harm others, not the other way around where the defendant has the burden. The only way this is going to go away is a large display of civil disobedience, people using e smokes publicly.

    Smoking bans was one of the very first things that happened in 1930′s Germany. I hate to use “argumentum ad Hitlerum”, but this is a bigger issue than smoking or e smokes. American freedom is diminishing, and far too many of us simply let it happen. Taking away little freedoms for a “good reason” leads to more and more, untilit becomes intolerable. It’s sure easier for these b*st*rds to enact law than to repeal it.

  • Hailey says:

    Ok, first of all nicotine is derived from tobacco so some of those carcinogens are going to be in the cartridges with nicotine. That is if you order them with nicotine, they sell them without nicotine also. So that means those FDA approved patches, lozenges, and gum have those same carcinogens. Duh!!!! These e-cigarettes create no smoke because it is heated water vapor with flavoring in the non-nicotine ones. Have all these countries that have banned the devices, banned cigarettes also? I think not. Someone must have gotten alot of money to push these bans through. Some of the prescription smoking cessation pill can kill you, can cause suicidal tendencies or have pages of side effects. Let’s get this blog around the world and arm people with knowledge to combat this corruption or maybe they will be forced to ban real cigarettes and lose some real money. Another thing look at the specifics of these bans in other countries. They are not totally banned, but those detail are conveniently left out of the headlines and broadcasts. Lots of info on the things and companies that only sell nicotine free ecigs. The Federal government goes back to vote on this in October, lets get moving!!!!

    Good Blogging!!!!

  • stewart says:

    @Hailey I just wanted to point out that there are no carcinogens in eliquid. The presence of nicotine doesn’t imply carcinogens. The method of delivery and transference has a lot to do with it. Minute traces of nitrosamines can be found in nicotine laden eliquid and NRTs like nicotine gum but they are not the ones that are carcinogenic and they are in such a small quantity that they are barely measurable.

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