Electronic Cigarettes Regulatory Update

The popularity of electronic cigarettes has grown significantly since 2007 and the regulatory debate continues to be a hot topic. In California, Senate Bill 648 was introduced in February 2013. The initial version sought to ban the use of e-cigarettes wherever smoking was banned. Since then, the bill has gone through several revisions and as of August 2014, the bill is still pending.

The U.S. Food and Drug Administration (FDA) wants to extend their authority to regulate e-cigarettes so they can conduct a “rigorous scientific review” of the product. As of August 2014, the proposed ruling is pending (FDA Electronic Cigarettes Information).

In the absence of federal and state regulations, over 100 California counties and cities have taken action by enacting laws that ban the use of e-cigarettes at varying levels. Some are banning e-cigarettes in all enclosed workplaces, including bars and restaurants; others are enacting partial bans. In many cases, entities are adding e-cigarette language to existing smoking and secondhand smoke ordinanaces and policies. Here are some examples:

  • Alameda County Draft Electronic Cigarette Ordinance
    An ordinance code to include electronic cigarettes in the smoking prohibitions. “The use of electronic smoking devices in smoke free locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.”
  • City of Fremont Amended Municipal Code regarding Electronic Cigarettes
    An ordinance amending the Fremont Municipal Code regarding electronic cigarettes. “‘Smoking’ means (1) inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette, hookah pipe, water pipe, or similar article of any kind or (2) the use of an electronic cigarette.”
  • Marin County Second Hand Smoke Ordinance
    An ordinance regulating second-hand smoke and amending the Marin County Code. “The term ‘smoke’ includes, but is not limited to, tobacco smoke, electronic vapors, and marijuana smoke”.

In addition, several California school districts have modified their policies to include banning the use of e-cigarettes, as recommended by the California Department of Education (CDE). The CDE recently revised their Tobacco-Free School District Certification with an updated definition of tobacco products that include e-cigarettes.

Both Alameda and Contra Costa County Boards of Education are in the process of modifying their policies to prohibit e-cigarettes. In addition, several Bay Area school districts, including Antioch, Berkeley, and San Ramon are revising their policies. Source: Contra Costa Times, February 10, 2014.

Medical News Today has posted two interesting articles. One is about a new study conducted by the University of Southern California on e-cigarette secondhand smoke and the other discusses the e-cigarette boom.