Knowledge Bank

The increase in electronic cigarette (e-cigarettes) use in the United States, along with the uncertainty of the health effects resultant of use, have caused a number of states and local municipalities to regulate these products like cigarettes. Many policies have been passed to regulate youth access to e-cigarettes and limit e-cigarette use in public places. In this paper, I estimate the reach of e-cigarette inclusion in smoke-free and youth access laws, estimate the rate at which e-cigarettes are taxed and if they are taxed at the same rates as cigarettes, and describe the influence of the tobacco industry on e-cigarette state laws. Each statewide policy regulating e-cigarettes including youth access, smoke-free laws and any other statewide limitation, was analyzed. Certain characteristics of the policies were noted, including the extent of the regulations, language used to classify e-cigarettes, and whether or not the policy preempted local regulations. Tax codes were also analyzed for specification on e-cigarettes. While 40 states have adopted youth access laws for e-cigarettes, only 5 of these laws use the ideal public health language, 17 laws use industry language and the remainder use something different. Only 3 states have included e-cigarettes in smoke-free laws, and only 2 states have created tax codes specific to e-cigarettes. These findings suggest that e-cigarette companies, including large cigarette manufacturers, are influencing public health policy in order to maintain favorable terms for the industry.