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Missouri

               

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).

The Missouri State Clean Indoor Air Law (2000) outlines all smoking regulations within the state, and no statewide vaping regulations currently exist in Missouri. As such, it is assumed that all current ‘No Smoking’ laws and signage do not apply to vaping, unless locally enforced. Local governments are in charge of regulating e-cigarette use, and as such, may ban the use of them in public places. Check with local government if there are any restrictions in the area you’re travelling to.

There are a large number of e-cigarette stores to be found throughout Missouri, mainly in and around St Louis, Kansas City, Columbia, and Springfield, with a smaller number also to be found throughout most other areas of the state.

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All Laws & Regulations

Vapor product means “any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe…and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in [any of the aforementioned devices] [but] does not include any alternative nicotine product or tobacco product.” Mo. Rev. Stat. § 407.925(12) (2017)

Nicotine liquid container means “a bottle or other container of liquid or other substance containing nicotine if the liquid or substance is sold, marketed, or intended for use in a vapor product [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.” Mo. Rev. Stat. § 407.926.4(2) (2017)

Nicotine liquid containers must be child-resistant (except prefilled containers not intended to be opened by consumer): Mo. Rev. Stat. § 407.926.4(1)-(2) (2017)

Sale/distribution of vapor products to persons under age 18 prohibited: Mo. Rev. Stat. §§ 407.926, and 407.931 (2017)

Vending machine sales restricted to places inaccessible to persons under age 18 or through machines equipped with lock-out device: Mo. Rev. Stat. § 407.931.2 (2017)

Purchase of vapor products by persons less than age 18 prohibited: Mo. Rev. Stat. § 407.933.1 (2017)

Retail permit requirements: Mo. Rev. Stat. § 407.934.1 (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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