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. 2016 Apr;25(e1):e44-51.
doi: 10.1136/tobaccocontrol-2014-051913. Epub 2014 Dec 14.

The importance of product definitions in US e-cigarette laws and regulations

Lauren K Lempert  1 , Rachel Grana  1 , Stanton A Glantz  2
Affiliations

The importance of product definitions in US e-cigarette laws and regulations

Lauren K Lempert et al. Tob Control. 2016 Apr.

Abstract

Background: How electronic cigarettes and similar products (e-cigarettes) are defined affects how they are regulated, particularly whether existing laws for cigarettes apply, including sales and marketing, youth access, smoke-free and taxation laws.

Methods: We examined the text of 46 bills that define e-cigarettes enacted in 40 states and characterised how e-cigarettes and similar products were defined.

Results: States enact laws creating new product categories for e-cigarettes separate from the 'tobacco product' category (eg, 'alternative nicotine product,' 'vapour product,' 'electronic nicotine device'), with four states explicitly excluding e-cigarettes from 'tobacco products.' Twenty-eight states do not include e-cigarettes in their definitions of 'tobacco products' or 'smoking,' eight include e-cigarettes as 'tobacco products,' three include e-cigarettes in 'smoking.' Sixteen states' definitions of e-cigarettes require nicotine, and five states pre-empt more stringent local laws. Tobacco and e-cigarette industry representatives tried to shape laws that benefit their interests.

Conclusions: Definitions separating e-cigarettes from other tobacco products are common. Similar to past 'Trojan horse' policies, e-cigarette policies that initially appear to restrict sales (eg, limit youth access) may actually undermine regulation if they establish local pre-emption or create definitions that divide e-cigarettes from other tobacco products. Comparable issues are raised by the European Union Tobacco Products Directive and e-cigarette regulations in other countries. Policymakers should carefully draft legislation with definitions of e-cigarettes that broadly define the products, do not require nicotine or tobacco, do not pre-empt stronger regulations and explicitly include e-cigarettes in smoke-free and taxation laws.

Keywords: Electronic nicotine delivery devices; Non-cigarette tobacco products; Public policy; Taxation; Tobacco industry.

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Conflict of interest statement

Competing interests: None.

References

    1. Grana R, Benowitz N, Glantz SA. E-cigarettes: a scientific review. Circulation. 2014;129:1972–86. - PMC - PubMed

    1. Sottera, Inc. V. FDA, 627 F.3d 891 (D.C. Cir. 2010).

    1. Food and Drug Administration. Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products; Proposed Rule, April 25, 2014. 79 FR 23141. 2014.

    1. National Conference of State Legislatures. [accessed 10 Jul 2014];Table of State Actions Concerning Alternative Nicotine Products/Electronic Cigarettes. 2014 http://www.ncsl.org/research/health/alternative-nicotine-products-e-ciga....
    1. American Nonsmokers’ Rights Foundation. [accessed 10 Jul 2014];US State and Local Laws Regulating Use of Electronic Cigarettes. 2014 http://www.no-smoke.org/pdf/ecigslaws.pdf.

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