Louisiana

               

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).

There are no current state regulations that prevent the use of electronic cigarettes in public places apart from on school property, although local ordinances may differ from those of state law, so ensure you check with local government if in doubt. All restaurants, bars and workplaces are smoke-free in Louisiana, and although e-cigarettes are not adopted under the smoke-free law, they may be prohibited by certain places in some areas.

There are a large number of e-cigarette stores to be found throughout Louisiana, mainly in New Orleans, Baton Rouge, Lafayette, and Lake Charles, with a smaller number also to be found throughout other areas of the state.

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All Laws & Regulations

Vapor product means “any non-combustible product containing nicotine or other substances 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 that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.” La. Rev. Stat. Ann. §§ 26:901(31); 14:91.8(G)(7); 14:91.6(B)(7); 47:842(20) (2017)

Vapor products and electronic cigarettes taxed at $0.05 per milliliter of consumable nicotine liquid solution or other material containing nicotine that is depleted as a vapor product is used.La. Rev. Stat. Ann. § 47:841(F) (2017)

Sale/distribution of vapor products to persons under age 18 prohibited: La. Rev. Stat. Ann. §§ 14:91.8(C); 26:911(A)(1); and 14:91.6(A) (2017)

Purchase of vapor product by persons under age 18 prohibited: La. Rev. Stat. Ann. § 14:91.8(E) (2017)

Possession of vapor product by persons under age 18 prohibited unless accompanied by parent or in a private residence: La. Rev. Stat. Ann. § 14:91.8(F) (2017)

Self-service displays of vapor products restricted to tobacco businesses and vending machines located in age-restricted settings: La. Rev. Stat. Ann. §§ 26:910 and 26:910.1(A) (2017)

Smoking or carrying electronic cigarettes and advanced personal vaporizers prohibited on any school property: La. Rev. Stat. Ann. § 17:240(B)(2) (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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