Main terms used in state laws defining e-cigarettes
| Term | Sample definition | States using term | Number of states using term | Significant features |
|---|---|---|---|---|
| E-cigarette or Electronic cigarette | ‘E-cigarette’ means any electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapour of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, and e-pipe or under any other product, name or descriptor. (North Dakota54) | AL, AR, CA, ID, IN, KS, MS, NH, NY, ND, OH, SC, TN, UT, WY | 15 | Broadly defined to include other e-products such as e-cigars and e-pipes Does not require nicotine |
| Vapour product | “Vapor product” means a non-combustible product containing nicotine that employs a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to heat a nicotine solution, and includes but is not limited to a cartridge or other container of such nicotine solution, an electronic cigarette, an electronic cigar, an electronic cigarillo, or an electronic pipe.“Vapor product” does not include a product regulated as a drug or device by the USA FDA under chapter V of the federal Food, Drug, and Cosmetic Act." (Iowa55) | AZ, CT, GA, IA, KY, LA, NE, NC, OK, SD, VA, WA, WV (Also SFATA model bills) | 13 | Includes other e-products and cartridges Requires nicotine Excludes Food and Drug Administration (FDA) regulated products Separately defined from ‘tobacco products,’ so evades tobacco tax and other tobacco regulations |
| Alternative nicotine product | “Alternative nicotine product” means a product, not consisting of or containing tobacco, that provides for the ingestion into the body of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means.“Alternative nicotine product” does not include cigarettes, tobacco products, or vapour products, or a product that is regulated as a drug or device by the USA FSA under chapter V of the federal Food, Drug, and Cosmetic Act. (Iowa55) | AL, AR, GA, IL, IA, KY, LA, MS, NE, OH, SC, VA, WV | 13 | Excludes cigarettes, vapour products, and e-cigarettes Requires nicotine Excludes FDA regulated products Separately defined from ‘tobacco products,’ so evades tobacco tax and other tobacco regulations |
| Tobacco product | (5) (a) As used in this section, ‘tobacco product’ means: (I) Any product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested or inhaled by or applied to the skin of an individual; or (ii) any electronic device that can be used to deliver nicotine to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo, or pipe. (b) Notwithstanding any provision of paragraph (a) of this subsection (5) to the contrary, "tobacco product" does not mean any product that the FDA of the USA department of health and human services has approved as a tobacco use cessation product. (Colorado56) | CO, MN, NC, NV, SD, VT, WV, WY | 8 | E-cigarettes treated the same as tobacco products Requires nicotine Excludes FDA regulated cessation products |
| Tobacco derived or Tobacco substitute | Tobacco-derived product—any non-combustible product derived from tobacco that contains nicotine and is intended for human consumption, whether chewed, absorbed, dissolved, ingested, or by other means. This term does not include a vapour product or any product regulated by the USA FDA under Chapter V of the federal Food, Drug, and Cosmetic Act. (North Carolina57) | DE, MN, NV, NC, VT, WV | 6 | Requires nicotine Excludes FDA regulated products NC definition excludes e-cigarettes, but MN interprets ‘tobacco-derived’ to include e-cigarettes for tax purposes |
| Electronic nicotine device or Electronic smoking device | ‘Electronic smoking device’ means any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe and any cartridge or other component of the device or related product. (Hawaii58) | CT, FL, HI, MD, MN, NJ | 6 | Broadly defined to include other e-products such as e-cigars and e-pipes and cartridges HI definition does not require nicotine, but FL and MN require nicotine Excludes FDA regulated products |
| Nicotine Product | ‘Nicotine product’ means any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a:1. Tobacco product, as defined in s. 569.002;2. Product regulated as a drug or device by the United States Food and Drug Administration (FDA) under Chapter V of the federal Food, Drug, and Cosmetic Act; or3. Product that contains incidental nicotine. (Florida59) | AK, FL, NH, WI | 4 | Excludes tobacco products Requires nicotine |
AK, Alaska; AL, Alabama; AR, Arkansas; AZ, Arizona; CA, California; CO, Colorado; CT, Connecticut; DE, Delaware; FL, Floridia; GA, Georgia; HI, Hawaii; IA, Iowa; ID, Idaho; IL, Illinosis; IN, Indiana; KS, Kansas; KY, Kentucky; LA, Louisiana; MD, Maryland; MN, Minnesota; MS, Mississippi; NC, North Carolina; NE, Nebraska; NJ, New Jersey; NH, New Hampshire; NV, Nevada; NY, New York; OH, Ohio; OK, Oklahoma; SD, South Dakota; SC, South Carolina; TN, Tennessee; UT, Utah; VA, Virginia; VT, Vermont; WA, Washington; WI, Wisconsin; WV, West Virginia; WY, Wyoming.