Legislative Prospectus: E-Cigarettes and Flavored Tobacco Products

December 29, 2021

E-cigarette pensTobacco use in all forms is associated with severe COVID-19 outcomes. During the COVID-19 pandemic, tobacco use increased among smokers. Although some smokers increased their tobacco use due to pandemic-related stress, other smokers were motivated to quit by the increased COVID-19 risk.

Regulating the sale of flavored vaping products is known to reduce youth e-cigarette use. In 2021, at least 12 states and Washington, D.C. considered flavor bans on tobacco products, with Washington, D.C. passing a flavor ban becoming the sixth jurisdiction to do so. ASTHO expects states to continue adopting laws aimed at reducing youth access to e-cigarettes. In addition to laws aimed at flavored products, regulating e-liquid contents, and point of sale limitations, other state actions may include enhancing enforcement, amending prohibitions and/or Tobacco 21 laws, raising the minimum age of sale, repealing laws that preempt local jurisdictions from passing and enforcing laws, incorporating e-cigarettes in the definition of tobacco products and regulating e-liquid nicotine concentration.

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