Regulation of E-cigarettes: Filling the Gaps

The market for electronic cigarettes has increased exponentially over the past several years and very little is known about the potential health effects of these products.  Some analysts predict that sales of e-cigarettes will surpass conventional cigarettes within the next decade.  In spite of that, initial attempts to regulate e-cigarettes at the federal level were unsuccessful, leaving them in a regulatory void absent state and local laws.  As a result, in many parts of the country, e-cigarettes, which typically contain highly-addictive nicotine, can be purchased by anyone, regardless of age, and they are not subject to other laws that pertain to tobacco products.  In addition, since there are no manufacturing standards and a huge number of products on the market, there is tremendous uncertainty as to the potential public health effects of these products on users and bystanders. 

Over the past several years, many state and local governments have taken steps to include e-cigarettes in their youth access, licensing and smoke-free laws, but the overall regulatory landscape is haphazard, at best.    

This session will describe the current federal regulatory framework and the status of any proposed FDA rules to regulate e-cigarettes.  It will also identify areas in which e-cigarettes could be regulated at the state and local level, discuss typical gaps in current laws and analyze various approaches to effectively close such gaps.