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Delaware

               

Brief Overview

The US Food and Drug Administration (FDA) classifies e-cigarettes and all related products as tobacco products. They regulate the sale, advertising, promotion, distribution, manufacture, import, packaging and labeling of e-cigarette products based on the laws set forth in the Tobacco Control Act and the Food, Drug, and Cosmetic Act (FD&C Act).

Delaware passed legislation in July 2015 to ban e-cigarette use in all areas where smoking is already prohibited. According to Title 16 § 2903 of the Delaware State Code, areas that are prohibited include: public buildings, restaurants, government owned and operated buildings, grocery stores, child care facilities, and sport arenas. Though the state code does not explicitly state that ‘no smoking’ signage applies to vaping, it can be assumed that such signage does restrict vaping in those designated areas.

There are a number of e-cigarette stores to be found around Wilmington and Dover, with a smaller number also to be found throughout the rest of the state.

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All Laws & Regulations

The United States is not a Party to the WHO Framework Convention on Tobacco Control. The United States signed the FCTC on May 10, 2004, but has not ratified the treaty.

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Review Status

This country’s legal measures were reviewed by our staff. No in-country lawyers or tobacco control experts reviewed our analysis.

Relevant Links & Articles

Title 16 § 2903: http://delcode.delaware.gov/title16/c029/

Tobacco Control Laws: https://www.tobaccocontrollaws.org/legislation/country/united-states/summary

World Health Organization Tobacco Report: http://www.who.int/tobacco/surveillance/policy/country_profile/usa.pdf?ua=1

Tobacco Atlas Information: http://www.tobaccoatlas.org/country-data/united-states/

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