Delaware Bans Electronic Cigarettes for Minors

New law treats sale and purchase of e-cigarettes same as regular tobacco.

June 13, 2014

DOVER – On Thursday, Delaware Governor Jack Markell signed legislation banning e-cigarette sales to minors. The bipartisan piece of legislation treats the sale and purchase of electronic cigarettes in Delaware the same as regular tobacco when it comes to minors. E-cigarettes are not currently regulated by the U.S. Food and Drug Administration, but in April the agency proposed to extend its authority to include e-cigarettes.

Earlier this year NACS issued a statement of position that encourages stores selling e-cigarettes to adopt, as a best practice, a policy of treating these products as age restricted and subjecting them to the same age-verification procedures as those applicable to tobacco products.

Delaware joins at least 27 other states that have banned the sale and purchase of the devices for minors. Late last year, New York City banned the use of e-cigarettes in places where conventional cigarette use is prohibited.

In Delaware, the legislation would be enforced by the state's Division of Alcohol and Tobacco Enforcement and anyone caught selling or purchasing the product would be subject to the same punishments and fines associated with the sale of normal tobacco. Lawmakers behind the bill and state officials have cited concerns over the lack of regulation and the marketing targeted toward minors.

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