U.S. State Legislation on E-Cigarettes

In recent years, e-cigarettes have prompted extensive regulatory efforts across the United States, driven by concerns over youth vaping and public health impacts.

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Overview of Electronic Cigarette Legislation

Electronic cigarettes, popularly known as e-cigarettes or vapes, have sparked debates due to their rising popularity among youth and associated health risks. While federal regulations provide a foundation, individual states have adopted diverse approaches to regulate the sale, distribution, and use of these products. State-level regulations often complement federal laws by introducing stricter measures tailored to local demographics and concerns.

North Carolina’s New Legislation

North Carolina recently enacted stringent legislation aimed at enhancing oversight of e-cigarette products. Governor Roy Cooper signed this bill into law on July 4, 2024, marking a significant move towards comprehensive regulation within the state. Effective December 1, 2024, the law mandates the creation of a state registry for legal e-cigarette products.

The primary goals of North Carolina’s legislation include certifying all e-cigarette products sold in the state and listing them on a public registry. This measure aims to restrict the availability of unregulated products and safeguard minors from potential health risks associated with vaping. Retailers found selling uncertified products face fines and potential suspension or revocation of their business licenses.

Impact on Retailers and Consumers

The implementation of North Carolina’s e-cigarette registry system is expected to significantly impact retailers and consumers alike. Retailers must now comply with new certification and registry requirements to avoid penalties, potentially leading to operational challenges and increased costs, especially for smaller businesses.

For consumers, the registry aims to improve product transparency and safety by providing a clear list of certified e-cigarette options. However, there may be initial confusion as stakeholders adjust to the new regulatory framework. Effective education and outreach will be crucial to inform consumers about these changes and empower them to make informed decisions regarding e-cigarette purchases.

Legislative Trends Across the U.S.

From 2023 to 2024, states across the U.S. have pursued various legislative approaches to regulate e-cigarettes. A notable trend includes the establishment or enhancement of authorized registration systems similar to North Carolina’s initiative. States like Alabama, Arizona, Florida, and Iowa have introduced bills aimed at bolstering e-cigarette oversight and compliance within their borders.

Each state’s approach reflects unique considerations, ranging from public health priorities to economic impacts on local businesses. Despite bipartisan support, these legislative efforts often face challenges and critiques from industry stakeholders and advocacy groups.

Detailed Analysis of Selected States

Here’s the information organized into a table for easier readability:

State	Bill	CASAA Call to Action	Legislative Updates
Alabama	HB 65	Makes funding available for PMTA registry	–
Arizona	SB 1212	CASAA Call to Action	Legislature adjourned on June 15
Colorado	HB 1356	CASAA Call to Action	Amended to remove registry language; Legislature adjourned on May 8
Florida	H 1007 / S 1006	CASAA Call to Action	Bill signed into law by Gov. DeSantis on April 26
Georgia	HB 1260	CASAA Call to Action	Passed state House on Feb. 29; Legislature adjourned on March 28
Hawaii	SB 3385 / HB 2794	–	Legislature adjourned on May 3
Idaho	S 1366	CASAA Call to Action	Bill apparently failed in legislature on March 8; Legislature adjourned on April 10
Illinois	HB 5069	CASAA Call to Action	–
Indiana	SB 227	CASAA Call to Action	Legislature adjourned on March 8
Iowa	SF 2402 / HF 2677	CASAA Call to Action	Gov. Kim Reynolds signed HF 2677 into law on May 17
Kansas	HB 2801	CASAA Call to Action	Legislature adjourned on April 30
Kentucky	HB 11 / SB 344	CASAA Call to Action	Gov. Andy Beshear signed HB 11 into law on April 5
Louisiana	HB 621	CASAA Call to Action	Gov. Jeff Landry signed HB 621 into law on June 10
Maryland	HB 1033 / SB 987 / HB 1197	CASAA Call to Action	–
Michigan	Various bills	CASAA Call to Action	–
Mississippi	SB 2441 / HB 790 / HB 1660 / SB 2886	CASAA Call to Action	Legislature adjourned on May 4
Missouri	HB 2211	CASAA Call to Action	Legislature adjourned on May 30
Nebraska	LB 1296 / LB 1204	CASAA Call to Action	Gov. Pillen signed LB 1204 into law on April 2
New Hampshire	HB 1591	CASAA Call to Action	–
New York	A 3404	–	–
North Carolina	H 900	CASAA Call to Action	Bill sent to Gov. Roy Cooper to sign or veto on June 27
Oklahoma	HB 3971	CASAA Call to Action	Legislature adjourned on May 30
South Carolina	S 994	CASAA Call to Action	Legislature adjourned on May 9
South Dakota	SB 116	CASAA Call to Action	Legislature adjourned on March 26
Utah	SB 61	CASAA Call to Action	Gov. Spencer Cox signed into law on March 20
Vermont	HB 729	–	Legislature adjourned on May 11
Virginia	HB 1069 / SB 550	CASAA Call to Action	Effective date set to July 1, 2025, after governor’s recommendation was adopted on April 17
Washington	SB 6118	CASAA Call to Action	Legislature adjourned on March 7
West Virginia	SB 545 / HB 5038	–	Legislature adjourned on March 9
Wyoming	SF 107	CASAA Call to Action	Bill failed on March 7; Legislature adjourned on March 8

Challenges and Controversies

The implementation of stringent e-cigarette regulations faces criticism for potentially burdening small businesses, limiting consumer choices, and possibly driving the market towards illicit products. Legal challenges regarding the constitutionality of certain provisions further complicate the regulatory environment.

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