U.S. State Legislation on E-Cigarettes

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

    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:

    StateBillCASAA Call to ActionLegislative Updates
    AlabamaHB 65Makes funding available for PMTA registry
    ArizonaSB 1212CASAA Call to ActionLegislature adjourned on June 15
    ColoradoHB 1356CASAA Call to ActionAmended to remove registry language; Legislature adjourned on May 8
    FloridaH 1007 / S 1006CASAA Call to ActionBill signed into law by Gov. DeSantis on April 26
    GeorgiaHB 1260CASAA Call to ActionPassed state House on Feb. 29; Legislature adjourned on March 28
    HawaiiSB 3385 / HB 2794Legislature adjourned on May 3
    IdahoS 1366CASAA Call to ActionBill apparently failed in legislature on March 8; Legislature adjourned on April 10
    IllinoisHB 5069CASAA Call to Action
    IndianaSB 227CASAA Call to ActionLegislature adjourned on March 8
    IowaSF 2402 / HF 2677CASAA Call to ActionGov. Kim Reynolds signed HF 2677 into law on May 17
    KansasHB 2801CASAA Call to ActionLegislature adjourned on April 30
    KentuckyHB 11 / SB 344CASAA Call to ActionGov. Andy Beshear signed HB 11 into law on April 5
    LouisianaHB 621CASAA Call to ActionGov. Jeff Landry signed HB 621 into law on June 10
    MarylandHB 1033 / SB 987 / HB 1197CASAA Call to Action
    MichiganVarious billsCASAA Call to Action
    MississippiSB 2441 / HB 790 / HB 1660 / SB 2886CASAA Call to ActionLegislature adjourned on May 4
    MissouriHB 2211CASAA Call to ActionLegislature adjourned on May 30
    NebraskaLB 1296 / LB 1204CASAA Call to ActionGov. Pillen signed LB 1204 into law on April 2
    New HampshireHB 1591CASAA Call to Action
    New YorkA 3404
    North CarolinaH 900CASAA Call to ActionBill sent to Gov. Roy Cooper to sign or veto on June 27
    OklahomaHB 3971CASAA Call to ActionLegislature adjourned on May 30
    South CarolinaS 994CASAA Call to ActionLegislature adjourned on May 9
    South DakotaSB 116CASAA Call to ActionLegislature adjourned on March 26
    UtahSB 61CASAA Call to ActionGov. Spencer Cox signed into law on March 20
    VermontHB 729Legislature adjourned on May 11
    VirginiaHB 1069 / SB 550CASAA Call to ActionEffective date set to July 1, 2025, after governor’s recommendation was adopted on April 17
    WashingtonSB 6118CASAA Call to ActionLegislature adjourned on March 7
    West VirginiaSB 545 / HB 5038Legislature adjourned on March 9
    WyomingSF 107CASAA Call to ActionBill failed on March 7; Legislature adjourned on March 8
    You can see all active CASAA calls to action on this page, below the map.

    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.


    How does the North Carolina registry affect retailers?

    Retailers must sell only certified e-cigarette products listed on the state registry to avoid penalties.

    What are the penalties for non-compliance in Florida?

    Retailers selling uncertified e-cigarette products may face fines and license suspension.

    How does federal law interact with state regulations?

    States can implement additional regulations beyond federal laws to address local concerns.

    What are the potential health benefits of stricter regulations?

    Stricter regulations aim to reduce youth access to e-cigarettes and promote public health outcomes.

    How can consumers stay informed about changing laws?

    Consumers can stay updated through state health department websites and tobacco control organizations.

    What should retailers do to prepare for new legislation?

    Retailers should ensure compliance with state-specific regulations and stay informed about ongoing legislative changes in e-cigarette laws.