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The following is a list of vaping bans in the United States. For federal regulation concerning the legal status of the sale of electronic cigarettes products in and outside the United States, see the worldwide regulation of electronic cigarettes.
Effective August 8, 2016, the US Food and Drug Administration (FDA) mandates electronic cigarettes products to be regulated as tobacco products. The FDA rule also bans sales to minors. The FDA classified e-cigarettes as drug delivery devices and subject to regulation under the Food, Drug, and Cosmetic Act (FDCA) before importation and sale in the US.
Vaping is steadily being banned across the US. Some state and regional governments in the US had extended their indoor smoking bans to include e-cigarettes.
A review of regulations in 40 US states found that how a law defines e-cigarettes is critical, with some definitions allowing e-cigarettes to avoid smoke-free laws, taxation, and restrictions on sales and marketing. The tobacco industry heavily lobbies states to make it harder to regulate and tax e-cigarettes.
In August 2016, a World Health Organization (WHO) report recommended that e-cigarettes be banned in indoor areas or where smoking is prohibited. This is because of their potential for non-users to be exposed to chemicals and e-cigarette aerosol in indoor areas. Many local and state jurisdictions have recently begun enacting laws that prohibit e-cigarette usage everywhere that smoking is banned, although some state laws with comprehensive smoke-free laws will still allow for vaping to be permitted in bars and restaurants while prohibiting e-cigarettes in other indoor places. The only states that do not regulate indoor vaping at all, be it by state territory or on a local level, are in the states of Nebraska, Nevada, Rhode Island, and Tennessee.
Localities may regulate vaping indoors, but not in bars and restaurants.
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