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Nebraska

               

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 Nebraska Clean Indoor Air Act 2008 was instituted to regulate smoking within the state in public places and places of employment, and currently there are no statewide bans on electronic cigarette use. The Nebraska Department of Health and Human Services does recommend that indoor businesses take initiative and ban vaping in their establishments though, so there may be businesses with signage banning the use of e-cigarettes. Local governments may also enact regulations, so we recommend double checking with local authorities on any possible bans. It is assumed that ‘No Smoking’ signage does not apply to vaping, though with the possibility of local regulations, ‘No Vaping’ signs may be enforceable.

There are a number of e-cigarette stores to be found throughout Nebraska, mainly in and around the Omaha area, Lincoln, Grand Island, and Kearney, with a very small number also to be found throughout some 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 [and includes] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form [intended to be used with an aforementioned device].” Neb. Rev. Stat. § 28-1418.01(4) (2017)

Sale/distribution of vapor products to persons under age 18 prohibited: Neb. Rev. Stat. §§ 28-1419 and 28-1425 (2017)

Use of vapor products by persons under age 18 prohibited: Neb. Rev. Stat. § 28-1418 (2017)

Vending machine sales of vapor products are restricted to locations inaccessible to persons under age 18: Neb. Rev. Stat. § 28-1429.02 (2017)

Self-service displays restricted to tobacco specialty stores and cigar bars: Neb. Rev Stat. § 28-1429.03 (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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