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Regulation of Electronic Cigarettes (“E-Cigarettes”) - 2013-07-16 08:00:25
The National Association of County and City Health Officials (NACCHO) urges the FDA to
enact strict regulations overseeing the sale and use of e-cigarettes and to conduct research on
their health impact. Until then, NACCHO encourages local health departments (LHDs) to
support local legislation that includes any or all of the following measures: 1,2
Use broadly-defined language to include e-cigarettes in new smoke-free legislation for
indoor and outdoor environments
Make clear that e-cigarettes are covered by existing smoke-free laws through clarifying
opinion or regulation/rule (n.b.: opening up or amending the definitions of “smoke” and
“smoking” to include e-cigarettes and e-cigarette vapor may jeopardize existing laws)
Oppose legislation at the local or state level that exempts e-cigarettes from current
smoking ban policies and regulations
Require tobacco retailer licenses to sell e-cigarettes, or add an additional fee for existing
tobacco retailers to sell e-cigarettes
Establish an ordinance limiting the number of retailers or locations where e-cigarettes can
be sold
Prohibit sales of e-cigarettes to minors
Ban sales of e-cigarette components that may appeal to minors, such as flavored
cartridges
Advocate for state or federal regulation prohibiting sales of e-cigarettes on the internet or
through the mail, especially in the case of minors
Raise excise tax on e-cigarettes as cigarettes and other tobacco products are taxed
Work with businesses and public locations, such as malls, to voluntarily prohibit ecigarette sales on premises
Justification
In April 2011, the Food and Drug Administration (FDA) announced that it intends to develop
regulations for e-cigarettes.3
E-cigarettes are battery-operated products designed to deliver
nicotine, flavor, and other chemicals through a vapor inhaled by the user.4 Most e-cigarettes are
manufactured to resemble cigarettes, cigars, and pipes5
, often with an LED light at the tip that
mimics the glow of a traditional cigarette.6 According to a survey by the Centers for Disease
Control and Prevention, the number of Americans who had ever used e-cigarettes quadrupled
from 2009 to 2010, and 1.2 percent of adults, or nearly three million people, reported using ecigarettes in the previous month.