Vaping and FDA Regulations

August 15, 2018

With FDA regulations rolling out, as well as the ever changing legal landscape for vapor products, we thought it would be a good idea to update you on the current state-level legislation proposals. While the legislation varies from state to state, there are a few common themes: Raise taxes, define vapor products the same as tobacco products, raise the minimum age to purchase tobacco products, and ban flavors. The following is a list of all current legislation proposals, excluding any that have died in committee, not passed the house or senate, or have been vetoed by the governor. We encourage you to share your opinions and/or concerns with this legislation with your local representatives. Head over tohttps://www.commoncause.org/find-your-representative/ to find contact info for all of your lawmakers. Consider donating to CASAA or SFATA to help in the legal fights. Do whatever you can to make YOUR voice heard. You can stay up to date on all vaping legislation by visitinghttps://vaping.org/ava-update-on-state-vaping-laws-regulations/



Alabama- HB47

Increases the legal age to purchase tobacco products and vapor products from 18 to 21 years of age.


Latest update(s):

1/9/18-Introduced and referred to House Judiciary Committee.


Connecticut- SB164

Raises the legal age to purchase tobacco to 21—exempts any person who is 18 or older prior to October 1, 2018


Latest update(s):

2/16/18 Introduced and referred to the Joint Committee on Public Health

3/20/18 Committee hearing

3/26/18 Reported favorably from the Joint Committee on Public Health

4/18/18 Referred to the Joint Committee on Finance, 
Revenue and Bonding

4/24/18 “held” in committee


Florida- SB1228, HB1029

Increases the legal age to purchase tobacco products and vapor products from 18 to 21 years of age


Latest update(s)

12/18/17- Prefiled;

1/9/18-Introduced and referred to House Commerce Committee;

2/9/18-Placed on Senate Rules Committee agenda for 2/14/18;


Hawaii- HB1895

As amended, regulates tobacco products and electronic smoking devices by: requiring retailers of electronic smoking devices to register with the State Attorney General’s office, extending the age 21 provision for tobacco sales to include electronic smoking devices; prohibiting display of all tobacco products to locked containers or places inaccessible to the public; preempting local jurisdictions from enacting laws regulating the sale of tobacco products; and voiding any local tobacco retailing laws already adopted


Latest update(s)

4/27/18-amended in conference committee

5/2/18-passed both houses and transmitted to the Governor


Illinois- SB2332

Raises the minimum legal age for sale and possession of tobacco products, including e-cigarettes, to 21 and amends the existing free sampling provision by only permitting free samples of smokeless tobacco products in adult-only establishments


Latest update(s)

5/18/18-passed House Health and Healthcare Disparities Committee


Kansas- SB376

Increases the tax on cigarettes by $1.50 per pack, and also increases the OTP(Other Tobacco Products) tax from 10% to 65% of the wholesale price.


Latest update(s)

2/5/18- Introduced

2/6/18- Referred to the Senate Assessment and Taxation Committee

3/22/18- Committee Hearing Scheduled



Kentucky- SB29

Increases the tax on cigarettes by $1.00 per twenty; on snuff by $1.00 per 1.5 ounces; on chewing tobacco by $1.00 per unit and tobacco products (including electronic cigarettes) by $1.00 per unit—floor tax due as of 9/30/18


Latest update(s)

1/2/18 Introduced

1/3/18 Referred to the Senate Appropriations and Revenue Committee


Kentucky- HB29

Increases the tax on cigarettes by $1.00 per twenty; on snuff by $.32 per 1.5 ounces; on chewing tobacco by $.32 per single unit / $.67 per half-pound unit / $1.08 per each pound unit and on tobacco products (including electronic cigarettes) to 40% of distributor sales price—floor tax due as of 9/30/18


Latest update(s)

1/2/18 Introduced and referred to the House Appropriations and Revenue Committee


Kentucky- HB339

Imposes a surtax on cigarettes of $1.00 per 20-pack; on snuff of $.51 per 1.5 ounces; on chewing tobacco of $.51 per single unit / $1.08 per half pound / $1.75 per pound; on OTP (including e-cigarettes) of 40% of distributor sales price; provides for a floor tax.


Latest update(s)

2/8/18 Introduced and referred to the House Appropriations and Revenue Committee


Maryland- SB456

Prohibits the distribution of tobacco products to an individual under the age of 21 years


Latest update(s)


1/26/18 Introduced and referred to the Senate Finance Committee

2/15/18 Hearing scheduled


Maryland- HB953 (cross filed with HB456)

Prohibits the distribution of tobacco products to an individual under the age of 21 years


Latest update(s)

2/5/18 Introduced and referred to the House Economic Matters Committee and the House Health and Government Operations Committee

2/28/18 Hearing scheduled in Economic Matters Committee


Massachusetts- HB4486(changed to SB2571)

Raises the minimum sales age for tobacco and vapor products from 18 to 21 (except for persons who attained the age of 18 before December 31, 2018); prohibits the use of vending machines for the sale of tobacco products; requires child-resistant packaging for e-liquid containers prohibits the sale of tobacco products at health-care institutions


Latest update(s)


5/10/18 Passed the House—sent to the Senate and referred to the Senate Ways & Means Committee

6/21/18 Committee recommended “ought to pass” with new text and bill number SB2571

6/28/18 Possible vote on the Senate floor.



Michigan- HB4578

Raises the cigarette tax from $2.00 per pack to $3.50 per pack, adds electronic smoking devices to be taxed at the same rate as non-cigarette tobacco products, and raises the tax on those products from 20% of the wholesale price to 81% of the wholesale price


Latest update(s)

5/2-Introduced and assigned to House Committee on Government Reform


New Hampshire- SB545

Increases the legal age to purchase tobacco products from 18 to 21 years of age


Latest update(s)


1/3/18 Introduced

1/9/18 Referred to the Senate Health & Human Services Committee

1/18/18 Committee hearing

2/2/18 From the committee as “ought to pass”



New Jersey- A375

Requires a manufacturer of cigarettes, a manufacturer of tobacco products, and a manufacturer of electronic smoking devices to forward to the Department of the Treasury, on a quarterly basis, $.25 of every $1 that the manufacturer spends on advertising or marketing cigarettes, tobacco products, or electronic smoking devices in the State.


Latest update(s)

1/9/18 Introduced and referred to the Assembly Health & Senior Services Committee



New Jersey- A1586

Imposes a tax of 75% of wholesale on electronic cigarettes—requires licensing of manufacturers, distributors, wholesalers and retailers



Latest update(s)

1/9/18 Introduced and referred to the Assembly Health & Senior Services Committee



New Jersey- S1184

Increases the tax rate on tobacco products from 30% to 68%, imposes tax on electronic cigarettes and similar nicotine delivery products at 75%, increases the tax for snuff from $.75 per ounce to $2.25 per ounce, taxes cigars at $2.70 per cigar, cigarillos at $.54 each, little cigars at $.135 each, pipe tobacco at $4.15 per ounce and requires licenses to conduct business in tobacco products.


Latest update(s)


1/22/18 Filed

1/25/18 Introduced and referred to the Senate Health, Human Services and Senior Citizens Committee



New Jersey- A4132

Imposes a tax on liquid nicotine of $.10 per fluid milliliter.


Latest update(s)


6/11/18-Introduced and referred to Assembly Budget Committee

6/18/18 Amended and reported from the committee

6/21/18 Passed the Assembly—substituted for S2731 in the Senate—passed the Senate—sent to the Governor



New York- S1089

Taxes electronic cigarette cartridges (defined as a replaceable cartridge) as tobacco products


Latest update(s)


1/6/17 Referred to the Assembly Investigation and Government Operations Committee



New York- A1138

Taxes electronic cigarette cartridges (defined as a replaceable cartridge) as tobacco products


Latest update(s)


1/10/17 Introduced and referred to the Assembly Ways & Means Committee



New York- S7509 (Governor’s Budget Bill), S7509A, S7509B

Imposes a tax on vapor products at $.40 per fluid milliliter; amended to authorize a city of 1 million in population to impose a tax on tobacco products other than cigarettes at 10% of the purchase price and to impose a tax on vapor products at $.10 per fluid milliliter


Latest update(s)


1/18/18 Introduced and referred to the Senate Finance Committee

2/16/18 Amended and recommitted to committee

3/13/18 Amended and recommitted to committee

3/30/18 Passed the Assembly

4/12/18 Signed by the Governor


New York- S3978 (same as A273)

Increases the age to purchase tobacco products from 18 years old to 21 years old.


Latest update(s)


1/31/17 Introduced and referred to the Senate Health Committee

4/25/17 Reported from the Health Committee and referred to the Senate Finance Committee

1/3/18 Referred to the Senate Health Committee

5/31/18 Committee hearing


New York- S5590

Requires electronic cigarette packing to include a warning that the product may pose an explosion hazard


Latest update(s)


4/19/17 Introduced and referred to the Senate Health Committee

5/31/18 Reported from the Senate Health Committee

6/20/18 Sent to the Rules Committee


North Carolina- S7509B, HB 886

Increases cigarette tax by $.15, tax on vapor products by $.02 per milliliter, and OTP by 2.2%. Taxes would expire on 7/1/19


Latest update(s)

4/26/17-Introduced and referred to House Committee on Finance;



Rhode Island- HB7200 (Governor’s Budget)

Increases the cigarette tax by $.25 per pack; increases the cap on cigar tax to $.80 per cigar; taxes e-cigarettes as OTP at 80% of wholesale; floor tax on cigarettes


Latest update(s)


1/18/18 Introduced and referred to the House Finance Committee

6/8/18 Amended by Sub A—committee recommended passage

6/15/18 Passed the House

6/19/18 Senate Finance Committee recommended passage of Sub A

6/20/18 Passed the Senate—sent to the Governor



Rhode Island- HB8076

Adds electronic nicotine delivery systems to the definition of tobacco for tax purposes


Latest update(s)


4/11/18 Introduced and referred to the House Finance Committee



Vermont- HB706

Increases the LAOP to 21 (except for persons attaining age 18 on or before July 1, 2018); bans the sale of flavored tobacco products; increases the tax on cigarettes and OTP by 10% (includes a floor tax)


Latest update(s)


1/24/18 Introduced

1/25/18 Referred to the House Human Services Committee



Vermont- HB922

Imposes a new tax on e-cigarettes and vapor products of 46% of the wholesale price


Latest update(s)


3/15/18 Introduced

3/16/18 Placed on the House calendar

3/22/18 Passed the House

3/27/18 Referred to the Senate Finance Committee

5/11/18 Passed the Senate—sent to the House for concurrence


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