Legal status of electronic cigarettes in the USA – Map


Electronic cigarettes have been the subject of repeated attempts to outlaw their use, both federally and at the state/city level. The legal status of electronic cigarettes in the USA is, therefore, in danger and consumers need to remain vigilant about legal threats.

Federally, the FDA is due to ‘deem’ electronic cigarettes as tobacco products, bringing them under their regulation.

At the state level, electronic cigarettes are the subject of ongoing battles with heavily lobbied state (and county) legislatures attempting to pass new laws. These bills prevent the sale of electronic cigarettes and add them to existing smoke-free legislation (inappropriately, as they do not emit fumes dangerous to 3rd parties). These bills often happen at extremely short notice and by the back-door. They have, until recently, mostly been defeated by dedicated volunteers from CASAA who have attended and spoken during the legislative proceedings.

The map below shows states which are currently under threat, those who have attempted action which has been defeated, and also those which have a current CASAA “call to action” in place. If you are local to one of these calls to action, please consider attending the legislative proceedings and voice your disagreement. At the very least, contact your representative to tell them why such legislation is wrong.


Highlighted map of the legal status of electronic cigarettes in the USA at the state, county and city levels

Legend for US legislative map

Last update: Aug 15th 2013

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