Vaping & E-CigarettesVapor Products Regulations. No Smoking & No Vaping policies. Healthier air.
How Community Environmental Health Strategies works for Healthier Air
- Working with local health departments and elected officials to develop effective local No Vaping in Public Places policies.
- Explaining the dynamic regulatory context for sales and use of e-cigarettes and vapor products.
Use of e-cigarettes, vape pens, and other electronic devices used to inhale nicotine continues to rise, especially among teens and young adults. In 2016, a Vapor Product Regulation went into effect in Washington State and the FDA finalized its Deeming Rule.
How do these laws begin to tame the virtually unregulated vape marketplace?
What are the boundaries and opportunities for local public health policies prohibiting vaping in public places?
What are the public health concerns about Vaping & Vapor Products?
- Youth use of e-cigarettes and vape pens has increased dramatically in recent years, resulting in more young people addicted to nicotine.
- Allowing vaping in public places where smoking is prohibited implies that vaping is safe, contributing to the problem of rapidly increasing youth use of e-cigarettes and vapor devices.
- Vaping exposes people nearby to an aerosol containing a mixture of harmful and potentially harmful chemicals. Children, pregnant women, and individuals with compromised lungs are especially at risk.
- E-cigarettes and other vapor products have not been approved as smoking cessation aides. More research is needed to fully understand how use of e-cigarettes impacts smoking rates.Some studies show that smokers who switch to vaping have less success quitting nicotine entirely than smokers who use an evidence-based smoking cessation method.
- Children are at risk of poisonings if they ingest or touch concentrated liquid nicotine e-juices or other drugs used in vapor products.
- Defective batteries in these largely unregulated devices have caused explosions and serious burns.
No Vaping in Public Places Policies
Many communities have adopted policies prohibiting vaping in the same places where smoking is prohibited.
Vapor Products Regulations
Federal and Washington State regulations on sales and use of E-Cigarettes and Vapor Products.
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NO VAPING IN PUBLIC PLACES POLICIES
No Vaping in Public Places Policies in Washington State
Washington State’s 2016 Vapor Products law (RCW 70.345 and WAC 314-35) prohibits vaping in a few public places, focused on protecting children. By state law, vaping is prohibited:
• inside and around schools and child care facilities.
• in outdoor playgrounds during daylight hours with children present.
• inside school buses and inside elevators.
Local authority: The WA Vapor Products law authorizes local jurisdictions to restrict the use of vapor products in indoor public places and in outdoor public places where children congregate.
As of 2018, ten counties in WA and a number of cities have adopted no vaping in public places laws. Generally, these local laws prohibit vaping any substance in the same indoor places where smoking is prohibited. Some laws also prohibit vaping in outdoor places, like parks where children play.
At the county level, No Vaping in Public Places laws have been enacted by the local Boards of Health in ten of Washington’s thirty-nine counties under their authority to protect the public health. These regulations were established by the local Boards of Health and local health departments in Clark, Grant, King, Kitsap, Kittitas, Pierce, San Juan, Snohomish, Spokane, and Whatcom counties.
About 74% of Washington residents live in areas where use of vapor products is prohibited in public places under these local Board of Health regulations.
I’ve worked to develop the policy and supporting evidence for the ordinances in Snohomish and Whatcom counties, and more local ordinances are in the works.
Overview of Local Vapor Products Regulations in WA State (PDF, 2 pages)
this WA DOH handout overviews local regulations as of Sept. 2017. It is excerpted from a report written by Community Environmental Health Strategies under a contract for DOH.
Thinking about developing a local policy on vaping in public places?
Contact me to discuss how I can help make your policy process successful by:
- providing comprehensive background and analysis on key issues and common questions.
- explaining policy options and customizing legislative language.
- developing an effective policy communications and outreach strategy.
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VAPOR PRODUCT REGULATIONS
Background on Regulations on Sales and Use of E-Cigarettes & Vapor Products
Federal E-cigarettes and other vapor products were largely unregulated at the federal level until 2016 when the FDA finalized its Deeming Rule to regulate electronic nicotine delivery systems (ENDS) as tobacco products under the Tobacco Control Act. ENDS, or vapor products, include:e-cigarettes, e-hookahs, vape pens, and all other battery-operated products that use heat to create an aerosol. The Deeming Rule also applies to other types of nicotine-containing products: pipe tobacco, hookah tobacco, cigars, dissolvable tobacco products, nicotine gels, and other novel and future tobacco products.
Some aspects of the FDA’s Deeming Rule have taken effect since August 2016, such as:
- Prohibiting retail and internet sales of vapor products to minors under 18 nationwide, and requiring ID checks.
- A number of states have raised the minimum age for tobacco and e-cigarettes to 21. Washington State’s new Tobacco 21 law takes effect January 1, 2020.
- Prohibiting sales of vapor products through vending machines or self-service devices, except where minors are prohibited.
- Prohibiting give-aways of free product samples containing nicotine.
- Prohibiting false or misleading advertising for vapor products, including prohibiting health claims.
- Requiring warning labels, including at a minimum: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
Also in 2016, the federal Child Nicotine Poisoning Prevention Act began requiring childproof packaging for nicotine e-liquids.
Other key parts of the FDA’s Deeming Rule have not yet been implemented. Timelines in the original rule were pushed back by the FDA in a July 2017 announcement. These delays mean there is still no pre-market regulation of specific vapor products. That deadline has been pushed back to August 2022. Check the FDA’s website for current deadlines.
The FDA’s Deeming Rule preempts some state and local regulation of vapor products, but many state and local actions are still allowed.States, and local jurisdictions (depending on the state) can, for example, tax vapor products, regulate sales, and require information reporting from manufacturers..
The FDA Deeming Rule does not regulate the use of vapor products in public places. States and local jurisdictions can prohibit vaping in public places. Across the country, many states and hundreds of cities have added vaping to their smoke-free laws.
Washington State The WA Vapor Products law, RCW 70.345, took effect in June 2016 to regulate sales of vapor products to reduce youth access and establish a licensing system for vapor product retailers and distributors. My summary handout gives the highlights, with a focus on what local jurisdictions can and cannot do under this state law: Overview of WA Vapor Products Law.
The WA law requires a license for retailers and distributors of vapor products and establishes a licensing fee. The 2016 law also applied many of the sales restrictions that are well-established for cigarettes to vapor products, including photo id checks and signage at point-of-sale, no coupons for free products, no vending machine sales (unless minors are not allowed in the area). Many of these same sales restrictions became federal requirements under the FDA’s Deeming Rule.
To address nicotine poisonings from potent e-juices, the WA law requires warning label statements, childproof packaging, and disclosure of nicotine content. Some of these requirements in the WA law have now been superseded by similar federal regulations.
Washington’s state laws regulating tobacco and vapor products preempt local regulation of product sales, limiting the actions that local jurisdictions can consider for prevention and control. Local jurisdictions are also preempted from local enforcement actions on sales restrictions, leaving all enforcement of the state laws to the Washington State Liquor and Cannabis Board.
However, local jurisdictions in Washington State retain authority to restrict the use of vapor products in public places. The WA Vapor Products law prohibits vaping in a few public places, focused on protecting children, but otherwise leaves regulation of vaping in public places to local jurisdictions.
Learn more about No Vaping in Public Places Policies in Washington State.
Vapor Products Regulations Overview: Federal & Washington State (PDF, 2 pages)
Please note that this June 2016 handout lists the original implementation deadlines. Many deadlines after July 2017 have been extended by the FDA.
Key components of the WA state Vapor Products law and the federal Deeming Rule are also outlined and compared side-by-side in a Washington State Department of Health summary chart (2017).
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