California

               

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).

California has clearly defined laws on e-cigarette use in the California Business and Professions Code (in the tab below). As of May 4, 2016, e-cigarettes are treated as tobacco cigarettes, meaning that vaping is banned wherever smoking is prohibited (Stop Tobacco Access to Kids Enforcement (STAKE) Act). Areas include places of employment, restaurants, schools, within 20 feet of a main exit, entrance or window of a public building, within 25 feet of playgrounds, within 250 feet of youth sports events, on public transport, and at day care and healthcare facilities. It is assumed that ‘No Smoking’ signage applies to e-cigarettes.

San Francisco also recently passed a law banning all flavored e-liquids, including menthol flavors. If travelling to San Francisco we recommend bringing your own e-liquids with you.

There are a large number of e-cigarette stores to be found throughout California, mainly in San Diego, Los Angeles, Bakersfield, Fresno, Modesto, San Jose, San Francisco, and Sacramento 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

California Business and Professions Code: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22950.5.&lawCode=BPC

California Department of Public Health: https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHIB/EAS/Pages/e-Cigs.aspx

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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