The beginning of 2014 has seen a variety of legislation at the state and local levels that would regulate and/or tax electronic cigarettes.
Fresh on the heels of Chicago and New York City’s decisions to ban e-cigarettes in places where smoking is banned, a number of state legislatures are considering similar measures, including South Carolina and Hawaii.
Other states are considering measures that would tax e-cigarettes in a manner similar to tobacco products. Those states include Indiana, Iowa and Kentucky. These proposals would, similar to a measure already enacted in Minnesota, impose a disproportionate burden on e-cigarettes in that they would tax not only the nicotine e-liquid but also the battery/electronics, resulting in a much higher tax burden.
There are also a variety of measures that would prohibit the sale of e-cigarettes to minors.
For updates on legislation affecting the e-cigarette industry, please contact the Troutman Sanders tobacco practice.