E-cigarettes, also known as vapes or electronic vaporizers, are battery-operated devices used to inhale a vapor containing nicotine, flavorings, and other substances. Millions of people worldwide use e-cigarettes and other electronic cigarette products daily.
The e-cigarettes’ size and form have rapidly evolved in the last decade. When first introduced, vaping devices resembled traditional cigarettes in design. Today, however, consumers can choose colorful vape pens, modified tank systems, and the newest generation of high-tech pod-based devices.
Since millions of individuals frequently use vapes and other e-cigarette devices, California and other states in the US have modified relevant laws and regulations regarding their use. Keep reading to learn more about e-cigarettes and the laws manufacturers, sellers, and users must abide by.
What Exactly Are E-cigarettes?
The terms ‘e-cigarette’ and ‘vape’ refer to electronic devices that simulate the experience of smoking tobacco. Inhaling aerosol, created by mixing vape juice and an atomizer, replaces inhaling smoke from burning tobacco.
There are hundreds of different brands and flavors of vape juice, both with and without nicotine, on the market. Vapor flow regulation, heating, big liquid tanks, and user-replaceable components are all possible features in more advanced e-cigs.
California Legislation Regarding Electronic Cigarettes
In 2020, California was home to the headquarters of several major vaping and e-cigarette manufacturers, including JUUL. However, this did not deter state legislators from their mission to tighten the regulation of electronic cigarettes. As a result, several new rules aimed at discouraging the sale and use of e-cigs were enacted in California, making it the second state in the US to do so.
Some examples of provisions in the laws are shown below.
Electronic Cigarettes Regulated as Tobacco Goods
California’s new laws regulating the tobacco industry include electronic cigarettes and vaporizers. Vaping products are subject to the same state tax laws as tobacco cigarettes; thus, a store or an online vape shop selling them should pay the same rates.
Legal Smoking Age in California Increased to 21
Tobacco product purchasers in California must be at least 21 years old, exempting active military members. Tobacco and e-cigarettes are restricted substances; thus, selling or distributing them to anybody under 21 in CA is illegal.
Getting Vaping Products on the Market Requires Proper Paperwork
California recently introduced new legislation requiring retailers to examine and register vape items before selling them. As a result, retailers of electronic cigarettes and vaping products will have to pay more to stay in business, but the reliability and safety of their product assortment will increase.
Smoking Electronic Cigarettes Forbidden in Public
In addition, vaping and the usage of electronic cigarettes are prohibited in all public spaces, including schools and businesses. This prohibition also includes public areas like pubs, warehouses, and hotel lobbies.
E-Cigarettes Regulations Applying to San Francisco
The following is a list of the regulations that pertain to the usage of electronic cigarettes in San Francisco:
- Health and Safety Code of San Francisco, Article 19Q
Over 68% of San Francisco voters approved Proposition E, which banned the sale of flavored cigarettes, on June 5th, 2018. Flavored tobacco goods, like e-cigarette liquids, flavored mini cigars, and menthol cigarettes, are now illegal to sell in the state.
The regulation solely affects stores selling these goods and does not prohibit consumers from buying or using them. Environmental Health and the Tobacco Free Project, both part of SFDPH’s Population Health Division, worked together to educate the public and ensure compliance with the new rule.
- Article 19N of the Health Code of San Francisco
Under Section 308 of the California Penal Code, it is against the law to sell electronic cigarettes to anybody under 18. In addition, following Article 19N of the San Francisco Health Code, the use of electronic cigarettes was made illegal as of April 2014 in all areas where the smoking of traditional cigarettes was already outlawed.
In most cases, this indicates that the only place where smoking tobacco or electronic cigarettes is acceptable is at the curb. Similar to the sale of traditional cigarettes, the sale of electronic cigarettes is regulated by a tobacco permit in the city of San Francisco.
The other US States that Prohibit E-cigarettes Products
California’s new vaping rules are progressive, but some states have gone further and banned e-cigarettes altogether. Several states have responded to the rising mortality toll associated with vaping by passing strict legislation to restrict or outright prohibit the sale of e-cigarette goods.
When other states began restricting sales of flavored vaping goods, Michigan was the first to ban them. However, the law was overturned in court after a legal challenge by merchants. The first state to successfully illegalize flavored vaping goods was New York.
After this, Massachusetts enacted an even more stringent prohibition, banning the sale of all marijuana and tobacco vaping products across all flavors for four months. Next to join the ranks of states with temporary bans on e-cigarettes were Rhode Island, Montana, Washington, and Oregon.
Advantages of Using E-cigarettes over Tobacco
Compared to traditional nicotine replacement therapies like patches or gum, e-cigarettes were 60% more successful in enabling smokers to kick the habit.
A few advantages of electronic cigarettes are:
- Allows users the ability to control the amount of nicotine in their system;
- Speedily delivers nicotine in the blood;
- A tobacco product without primary carcinogens would be less likely to cause local side effects;
- It includes the same sensory qualities and behavioral patterns that made smoking appealing.
In contrast to the oral method, substantially lower doses are needed when drugs are administered through deep inhalation via the lungs. Like regular cigarettes, the vapor from electronic cigarettes contains particles that can be inhaled deeply and absorbed into the circulatory system.
Wrapping Things Up
E-cigarette companies sell their goods using a variety of channels, including traditional media advertisements, price promotions, and point-of-sale displays. With tightening regulations on e-cigarette businesses in CA and other states, companies must now comply with their production and selling methods, ensuring extra safety for vapers.