Communicating about new e-cigarette policies – 1/3/13

Q: During last year’s legislative session, lawmakers in Vermont enacted Act 166, which bans the sale of e-cigarettes to minors and restricts the display of e-cigarettes at the point of sale. For those states with similar e-cigarette policies in place, what were the most effective strategies for communicating about the policy change(s)?

In addition, please share any examples of the following, especially if your state has similar e-cigarette policies:

• Press releases or fact sheets used to communicate about e-cigarette policies
• Materials used by enforcement agencies to educate retailers about e-cigarettes and any regulations pertaining to e-cigarettes

A:

1. Hawaii: Hawaii will have a bill introduced in the upcoming legislative session banning sales of “electronic smoking devices” to persons under 18 years.  We’re separating the definition from “tobacco products” or “other tobacco products” to separate “electronic smoking devices” similar to New Jersey’s law.  We found Vermont’s “tobacco substitute” interesting.    We note that they include “nicotine delivery and other substances…” and think this is important as flavors such as Waikiki Watermelon and Kona Coffee are available at the kiosks here.
    
   Also, the legislation on commercial cigarette rolling machines is helpful to study.
    
   Editor’s note: the bill, HB 672, passed in May 2013.
    
2. New Jersey: The attached documents explain the process and resources for the passage of the e-cigarette statute in New Jersey:
    
   • Outline flow chart delineating the process by which e-cigarettes regulations were established.
      
   • Electronic Cigarettes (e-cigarettes)
      
     • Public Health Concerns - Tobacco Control Policy and Legal Resource Center of New Jersey GASP
        
     • FDA issued initial findings about public health concerns (2009); read about FDA regulation here
        
     • Consumer Reports magazine documented e-cigarettes in their May 2012 issue concluding with “Bottom Line: Talk to your doctor before trying to quit smoking with e-cigarettes”
        
     • GASP's white paper (Grantee)
        
     • New Jersey State Law was a culmination of the passage of local policies
        
   • Federal Regulation
      
     • The U.S. Department of Transportation issued a letter stating that e-cigarette use is banned on flights. Southwest Airlines and other airlines also ban electronic cigarettes.
        
     • FDA Consumer Health Information brochure about e-cigarettes - issued July, 2009.
        
   • Resources: GASP website
      
3. New York: We have a little information we can share in terms of how we've communicated the new e-cigarette policy here in New York State.  We have an enforcement unit, separate from the Tobacco Control Program, which works with the tobacco retailers in NY, and they took the lead in communicating this.  In addition to the Governor’s press release dated September 5, 2012, the following information and communication strategy was provided to state and local health department enforcement officials in October 2012.
    
   ~~~~~~~~~~~~~~~~~~~~~~~
    
   On September 5, 2012 Governor Andrew M. Cuomo signed Chapter 448 of the Laws of 2012 amending Article 13-F of the Public Health Law, also known as the Adolescent Tobacco Use Prevention Act.  Effective January 1, 2013 the amendment prohibits the sale of electronic cigarettes to individuals less than 18 years of age.  Retailers must require that all individuals attempting to purchase electronic cigarettes provide proof of age using the same standards for identification detailed in the Public Health Law for the purchase of tobacco products.
    
   The amendment defines “electronic cigarette” or “e-cigarette” as a battery-operated device that contains cartridges filled with a combination of nicotine, flavor and chemicals that are turned into vapor which is inhaled by the user.  A retailer who sells electronic cigarettes is required to keep them in an area accessible only to the personnel of the business or in a locked container.   Electronic cigarettes sold in vending machines must meet the same criteria for location and access as detailed in the Public Health Law for vending of tobacco products.
    
   Additionally, any person operating a place of business where tobacco products, herbal cigarettes, shisha or electronic cigarettes are sold must post a new sign with the following statement: "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC CIGARETTES, ROLLING PAPERS OR SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW."  The new sign (attached DOH 3451) is being distributed for posting to all tobacco vendors by state and local health department enforcement officials. Old signs should be discarded.
    
   State and local health department enforcement officials in New York State were advised (October 2012) that since the sale of electronic cigarettes does not require registration with the Department of Taxation and Finance, a listing of facilities selling these products is not available.  Facilities that sell electronic cigarettes but do not sell tobacco products may be inspected on a complaint basis, similar to shops selling herbal cigarettes, pipes or other smoking paraphernalia.  Violations concerning electronic cigarettes carry the same fine levels as tobacco products, but no points are assigned.  Electronic cigarette violations at tobacco retail shops will be counted towards the tabulation of any four violations of the article in a three year period, leading to a year-long revocation of the retailer’s tobacco registration and lottery license if applicable.
    
4. North Carolina: NC does not have any specific policies around e-cigs, but our State Health Director did issue a news release about them during a time when there was a lot of promotion and media attention to the product.
    
   This did result in MANY contacts from retailers of e-cigs to the state health director’s office, which we had to respond to, but it also resulted in some good public education.
    
5. North Dakota: North Dakota does not have an e-cigarette policy for that bans e-cigarettes to minors nor restricts the display of e-cigarettes at the point of sale. HOWEVER, North Dakota did pass a statewide smoke free law, which prohibits the use of e-cigarettes in all indoor workplaces, including bars.
    
6. Washington: Washington State has not enacted any legislation to ban sales of e-cigarettes to minors, but three of our counties have done that.  Spokane, King, and Pierce County all enacted this policy.
    
   Press coverage from Spokane: City, County Roll Out Minor Ban On E-Cigarettes - KXLY.com, September 9, 2011.
    
   King County (Seattle) banned sales to minors and use of e-cigarettes in public places and got press coverage: King County bans public e-cigarette smoking – Seattle Post-Intelligencer, December 15, 2010.
    
   Pierce County has a similar ordinance with information on their website.
    
7. Washington/Pierce County: Here is some information pertaining to e-cigarette policies and communication for Pierce County:
    
   Letters to retailers were sent out reminding them about the e-cigarette regulations and included a copy of the Environmental Health Code Chapter 9.
    
   E-cig Frequently Asked Questions are located on the Tacoma-Pierce County Health Department website.
    
   During educational visits, stores are also reminded about not selling e-cigarettes to minors along with general educational materials on reading identification, FDA Break the Chain Toolkits and Year Date Stickers.
    
8. Washington / King County: Attached are a couple of documents we created when went through this a while ago:
    
   • Electronic Cigarettes or “E-Cigarettes” - An Unsafe Alternative to Cigarettes one-pager
      
   • Electronic Cigarettes in King County one-pager

If you have questions, or would like further details from any of the public health agencies that responded to this request, contact the TCN to request contact information.

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Resources on e-cigarette regulation:

• Americans for Nonsmokers’ Rights - E-cigarettes Webpage – contains background information and news articles
   
• Center for Public Health and Tobacco Policy - Tobacco Product Display Bans. Legal guide about tobacco product display bans; contains fact sheets for retailers in the Appendix that could provide a starting point for communicating with retailers about the rationale and specifics of a display ban.
   
• Tobacco Control Legal Consortium: Regulatory Options for Electronic Cigarettes (2013)

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