New Hampshire

               

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).

In New Hampshire the only current restriction on the use of e-cigarettes is on all public educational facility grounds. There are no further restrictions in place.

There are a number of e-cigarette stores to be found throughout New Hampshire, mainly in and around the Manchester and Nashua areas, Rochester, Salem, Portsmouth, and Seabrook, with a small number also to be found throughout other areas of the state.

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All Laws & Regulations

E-cigarette means “any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that provides a vapor of pure nicotine mixed with propylene glycol to the user as the user simulates smoking . . . includes . . . e-cigarettes, e-cigars, or e-pipes . . . .” N.H. Rev. Stat. Ann. § 126-K:2(II-a) (2017)

Liquid nicotine means “any liquid product composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes.” N.H. Rev. Stat. Ann. § 126-K:2(III-a) (2017)

Sale/distribution of e-cigarettes and liquid nicotine to persons under age 18 prohibited: N.H. Rev. Stat. Ann. §§ 126-K:4(I) and 126-K:8(I) (2017)

Distribution of free e-cigarettes or liquid nicotine restricted to locations inaccessible to persons under age 18 or licensed retail tobacco store: N.H. Rev. Stat. Ann. § 126-K:5(I) (2017)

Purchase/possession/use of e-cigarettes or liquid nicotine by persons under age 18 prohibited: N.H. Rev. Stat. Ann. § 126-K:6(I) (2017)

Use of e-cigarette and liquid nicotine on “public educational facility” grounds prohibited: N.H. Rev. Stat. Ann. § 126-K:7(I) (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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