Indiana Attorney General Greg Zoeller and the Indiana legislature are working closely to pass legislation that would increase state regulation of electronic cigarettes and vaping products.
State Regulatory
New York State Bills Would Ban E-Cigarette Refills and Tax Cartridges
Two bills recently introduced in the New York State Assembly would regulate vapor products.
One bill, A 635, would ban the sale of e-liquid refill bottles. Another bill, A 296, would tax vapor product cartridges at 75% of the wholesale price. The products would therefore need to be sold through…
New York State Bill Would Ban Most Flavored Tobacco Products
Parallel bills pending in the New York State Assembly and Senate (A 128 and S 1825) would ban characterizing flavors in most tobacco products.
Texas Bills Would Regulate Vapor Products in the Same Manner as Tobacco Products
Parallel bills (H 646 and SB 97) in the Texas legislature would regulate vapor products in the same manner as tobacco products by including vapor products within the same restrictions applicable to tobacco products.
Virginia Legislation Would Restrict E-Cigarette Sales
A number of bills have been introduced in the Virginia legislature that would restrict sales and marketing of vapor products.
Democratic Congressional Representatives Push For Classification of E-Cigarettes Under the MSA
On December 19, Representative Henry Waxman, Senator Dick Durbin, and Representative Frank Pallone, Jr. sent letters to the twenty-nine State Attorneys General who were signatories of the August 8, 2014 letter to the FDA regarding regulation of e-cigarettes. The December 19th letters lauded the continuing efforts of the State Attorneys General to encourage the regulation of e-cigarettes and called on them to classify e-cigarettes as “cigarettes” under the Master Settlement Agreement (“MSA”). Such classification would, among other things, impose cigarette advertising restrictions on vapor products.
Troutman Sanders Tobacco Practice Publishes Article on E-Cigarettes in Smokeshop Magazine
An article by the Troutman Sanders Tobacco practice appears in the December issue of Smokeshop Magazine. The article, titled “Hey Legislators: Vaping Products Don’t Belong in the MSA!” discusses the “longshot” bid by congressmen to have e-cigarettes included in the Master Settlement Agreement (“MSA”).
California Legislature Seeks to Extend STAKE Act to E-Cigarettes
On December 1, Senator Jerry Hill of the California legislature introduced a bill that would extend the Stop Tobacco Access to Kids Enforcement Act (“STAKE Act”) to ban sales of electronic cigarettes to minors.
Retailers Challenge Chicago Flavor Ordinance
A group of tobacco retailers has challenged a Chicago ordinance that generally bans the sale of flavored tobacco products within 500 feet of a school. The ordinance does not apply to tobacco stores that derive more than 80% of their revenue from tobacco sales.
New York City Proposes to Include E-Cigarettes in Flavor Ban
The New York City Council has recently proposed a measure that would prohibit so-called “characterizing flavors” in e-cigarettes. The move would subject vapor products to the existing ban on “characterizing flavors” in all tobacco products, which only allows flavored tobacco products to be sold in tobacco bars that derive a certain percentage of their revenue from tobacco sales.