Statement of Principles

Regulation of Electronic Cigarettes

  1. Electronic cigarettes should be treated as separate and distinct from cigarettes and other tobacco products. It is inappropriate to tax or regulate electronic cigarettes similar to cigarettes or other tobacco products, without evidence that electronic cigarettes have similar health impacts.
  2. Electronic cigarettes should not be sold or used by consumers under age eighteen. Accordingly, states should enact laws that bar the sale of electronic cigarettes to minors. For remote sales, such as through the Internet, merchants should be required to verify the purchaser is an adult either by: (1) verifying the purchaser’s age through the use of a commercially available database consisting primarily of data from government sources, or (2) requiring the person accepting delivery to provide proof of their age.
  3. Electronic cigarettes should not be promoted for therapeutic purposes, such as smoking cessation, unless the legal requirements for such claims are satisfied.
  4. Electronic cigarettes should not be subject to Food & Drug Administration (“FDA”) requirements for “new tobacco products.” New tobacco approval requirements would stifle innovation in this emerging industry without any discernible public health benefit.
  5. Electronic cigarettes should not be subject to FDA testing requirements for harmful constituents without evidence that electronic cigarettes have harmful constituents similar to cigarettes and other tobacco products
  6. Government agencies, including FDA, should facilitate the dissemination of truthful information regarding the public health benefits of electronic cigarettes.
  7. The manufacture of electronic cigarettes should be regulated to ensure high quality control standards. Regulators should work with the electronic cigarette industry to develop such standards.
  8. The liquid for electronic cigarettes should be regulated to ensure that the actual nicotine content is consistent with the nicotine content reported to consumers. The liquid should also be regulated to ensure minimum quality standards without unsafe levels of contaminants. All liquid ingredients should be safe for human consumption.