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Kansas

               

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).

Enacted on July 1, 2010, the Kansas Indoor Clean Air Act prohibits smoking in public places, businesses, and restaurants. Though there are no state laws that specifically mention vaping or e-cigarette use, it is assumed that ‘No Smoking’ areas also apply to vaping. Major cities, such as Topeka, Lawrence, and Overland Park, have smoke-free laws that prevent the use of tobacco products in all public places. If you’re visiting these cities, it’s advised that you check with the local government to see if these laws apply to e-cigarettes.

While most of Kansas has a minimum age requirement of 18, a number of counties and cities have raised the age requirement to 21, including the counties of Johnson, Shawnee, and Wyandotte, and the cities of Olathe, Prairie Village, Iola, Bonner Springs, Westwood Hills, Lenexa, Lansing, Overland Park, Mission Hills, Westwood, Leavenworth, Roeland Park, Leawood, Merriam, and Garden City.

There are a large number of e-cigarette stores to be found throughout Kansas, mainly in Wichita, Topeka, and Overland Park, with a smaller number also to be found throughout a few other areas of the state.

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All Laws & Regulations

Kansas statutes concerning e cigarettes:
Kan. Stat. Ann. § 79-3301(m) (2017)

Kan. Admin. Regs. 92-57-1 (2)(2017)

Kan. Stat. Ann. § 79-3399 (2017)

Sale/distribution of electronic cigarettes to persons under age 18 prohibited: Kan. Stat. Ann. § 79-3321(l) (2017)

Purchase/possession of electronic cigarettes by person under age 18 prohibited: Kan. Stat. Ann. § 79-3321(m)-(n) (2017)

Self-service displays of electronic cigarettes restricted to tobacco specialty stores and vending machine inaccessible to persons under age 18 or which has a lock-out device: Kan. Stat. Ann. § 79-3321(t)-(u) (2017)

Possession or distribution of electronic cigarettes prohibited at juvenile correctional facility or institution: Kan. Admin. Regs. 123-2-111 (b)(16)(2017)

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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

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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