How to Regulate E-Cigarettes and Other Electronic Smoking Devices

How to Regulate E-Cigarettes and Other Electronic Smoking Devices

A Model Ordinance

As the popularity of electronic cigarettes skyrockets, many communities have been increasingly concerned about the appeal of these products to minors, and about the potential risk to public health posed by e-cigarette vapor in places otherwise required to be smokefree, such as schools, hospitals, workplaces, etc.

Some communities already have local laws that regulate the sales and use of tobacco products. For those communities, regulating e-cigarettes can be as simple as amending the definitions of “tobacco products” and “smoking” to ensure that those terms are broad enough to cover the full range of emerging electronic devices and the ways in which they are used.

For communities that don’t have local laws regulating tobacco, we've developed a new model ordinance. The Model Ordinance Regulating Electronic Smoking Devices prohibits the use of electronic smoking devices in areas where smoking is prohibited, and prohibits certain retail practices – for example, giving away free samples of electronic smoking devices or selling electronic smoking devices in vending machines. We designed the ordinance so it can be tailored to your local needs and circumstances.

We've also developed an accompanying flow chart to help communities determine what type of strategy best fits their specific needs. For more information on e-cigarettes and related products, be sure to download our e-cigarette fact sheet. For California communities that are interested in viewing model policy language relating to e-cigarettes, please contact us to request technical assistance.