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Montana

               

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 Montana Clean Indoor Air Act (2005) outlines all smoking regulations in the state, and Montana does not currently impose any state-wide regulations on e-cigarettes, nor are there any signage laws that pertain to them. Although, local governments do have the authority to enact their own e-cigarette restrictions if they wish, so we suggest you check with the local authorities of where you’re travelling.

There are a number of e-cigarette stores to be found in Montana, mainly in Billings, Kalispell, and Bozeman, with a small number also to be found scattered throughout the state.

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All Laws & Regulations

Vapor product means “a noncombustible product that may contain nicotine and that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from a solution or other substance [including] an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with [any aforementioned] device.” Mont. Code Ann. § 16-11-302(7) (2017)

Sale/distribution of vapor products to persons under age 18 prohibited: Mont. Code Ann. § 16-11-305(1) (2017)

Vending machine sales restricted to bars where machine is under direct line-of-sight supervision: Mont. Code Ann. § 16-11-306(1) (2017)

Possession/use of vapor products by persons under age 18 prohibited: Mont. Code Ann. § 45-5-637(1) (2017)

Retail permit requirements: Mont. Code Ann. § 16-11-303(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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