Massachusetts

               

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 Massachusetts General Law (section 22) contains all smoking laws within the state, although there are no state laws that prevent the use of electronic cigarettes in public. Local municipalities may enact laws that restrict use though, so check with local government. It is assumed that ‘No Smoking’ signs do not apply to vaping.

While the minimum smoking age throughout Massachusetts is 18, over 100 cities including Boston have raised this to 21. It is assumed this also applies to the purchase of e-cigarette products.

There are a large number of e-cigarette stores to be found throughout Massachusetts, mainly in and around the Boston area, Worcester, Springfield, and Brockton, with a smaller number also to be found throughout most other areas of the state.

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All Laws & Regulations

Electronic smoking device means “any product that can deliver nicotine to the user through inhalation of vapor [including] any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, [and] whether or not sold separately . . . .” 940 Mass. Code Regs. 21.03 (2017)

Liquids or gels containing nicotine must be sold in child-resistant package: 940 Mass. Code Regs. 21.05 (2017)

Electronic smoking devices may not be opened, repackaged or sold in smaller quantities than the smallest package distributed by the manufacturer for individual consumer use: 940 Mass. Code Regs. 21.04(1)(b) (2017)

Sale of electronic smoking devices to persons under age 18 prohibited: 940 Mass. Code Regs. 21.04(3) (2017)

Self-service displays and vending machine sales of electronic smoking devices restricted to adult-only facilities: 940 Mass. Code Regs. 21.04(2) and 21.04(4) (2017)

Sampling of electronic smoking devices prohibited: 940 Mass. Code Regs. 21.04(1)(a) (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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