A unit of local government in West Virginia, the Wheeling-Ohio County Health Board, is currently holding hearings on whether to ban the use of electronic cigarettes (“e-cigarettes”) in certain areas. The proposed Wheeling-Ohio County Clean Air Regulation would change the definition of “smoking” to “include the use of an e‐cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device.” During the Wheeling-Ohio County Health Board’s August hearing, presentations were made prior to the board on the contents of e-cigarette vapor and reasons both for and against the proposed regulation. If approved, the expansion would treat e-cigarettes like real cigarettes, prohibiting their use in indoor public places and some outdoor areas. A copy of the proposed ordinance is available on the Wheeling-Ohio County Health Board’s website.
As state and local governments increase their focus on the sale and use of e-cigarettes, the Troutman Sanders Tobacco practice will continue to monitor developments in this area.