2014/12/14 by Lauren Kass Lempert, Rachel Grana, Stanton A. Glantz · 81 citations
Business, Management and Accounting · Mathematics · Medicine · #Advertising #Business #Consumer Attitudes and Food Labeling #Electronic cigarette #Environmental health #Global Public Health Policies and Epidemiology #Law #Legislation #Mathematics #Medicine #Nicotine #Political science #Product (mathematics) #Public health #Smoking Behavior and Cessation #Tobacco control #Tobacco industry #Tobacco product
paper · open access · doi:10.1136/tobaccocontrol-2014-051913
published in Tobacco Control 25(e1), e44-e51 (BMJ)
openalex publication_date 2014/12/14 · openalex created_date 2025/10/10 · openalex updated_date 2026/08/01
BACKGROUND: How electronic cigarettes and similar products (e-cigarettes) are defined affects how they are regulated, particularly whether existing laws for cigarettes apply, including sales and marketing, youth access, smoke-free and taxation laws. METHODS: We examined the text of 46 bills that define e-cigarettes enacted in 40 states and characterised how e-cigarettes and similar products were defined. RESULTS: States enact laws creating new product categories for e-cigarettes separate from the 'tobacco product' category (eg, 'alternative nicotine product,' 'vapour product,' 'electronic nicotine device'), with four states explicitly excluding e-cigarettes from 'tobacco products.' Twenty-eight states do not include e-cigarettes in their definitions of 'tobacco products' or 'smoking,' eight include e-cigarettes as 'tobacco products,' three include e-cigarettes in 'smoking.' Sixteen states' definitions of e-cigarettes require nicotine, and five states pre-empt more stringent local laws. Tobacco and e-cigarette industry representatives tried to shape laws that benefit their interests. CONCLUSIONS: Definitions separating e-cigarettes from other tobacco products are common. Similar to past 'Trojan horse' policies, e-cigarette policies that initially appear to restrict sales (eg, limit youth access) may actually undermine regulation if they establish local pre-emption or create definitions that divide e-cigarettes from other tobacco products. Comparable issues are raised by the European Union Tobacco Products Directive and e-cigarette regulations in other countries. Policymakers should carefully draft legislation with definitions of e-cigarettes that broadly define the products, do not require nicotine or tobacco, do not pre-empt stronger regulations and explicitly include e-cigarettes in smoke-free and taxation laws.