State Laws Prohibiting Sales to Minors and Indoor Use of Electronic Nicotine Delivery Systems ─United States, November 2014

December 12, 2014 / Vol. 63 / No. 49

MMWR Introduction

Electronic nicotine delivery systems (ENDS), including electronic cigarettes (e-cigarettes), are battery-powered devices capable of delivering aerosolized nicotine and other additives to the user. This study assessed state laws that prohibit ENDS sales to minors and laws that include ENDS use in conventional smoking prohibitions in indoor areas of private worksites, restaurants, and bars. Findings indicate that as of November 30, 2014, 40 states prohibit ENDS sales to minors, but only three states prohibit ENDS use in private worksites, restaurants, and bars. Of the 40 states that prohibit ENDS sales to minors, 21 do not prohibit conventional smoking in private worksites, restaurants, and bars.

According to the Surgeon General, the possibility of benefit increases if current smokers use these devices to switch from combusted tobacco products completely, and if the availability and use of combustible tobacco products are rapidly reduced. Therefore, when addressing potential public health harms associated with ENDS, it is important to simultaneously uphold and accelerate strategies found by the Surgeon General to prevent and reduce combustible tobacco use, including tobacco price increases, comprehensive smoke-free laws, hard-hitting media campaigns, barrier-free cessation treatment and services, and comprehensive statewide tobacco control programs.

The Family Smoking Prevention and Tobacco Control Act allows states and localities to adopt or continue to enforce additional or more stringent requirements than those stipulated in the Act. Additional national and state policies addressing retailer licensing, Internet sales, taxation, and marketing could further prevent youth use of ENDS and other tobacco products.