E-Cigarettes: Common Regulatory and Drafting Issues

This resource concentrates on common regulatory and drafting issues that arise when e-cigarettes are regulated under existing tobacco control laws and, to a lesser extent, when the products are regulated under a separate regulatory regime. In addition to outlining the solutions for each of the issues identified, country examples are provided to illustrate the solution.

MAY 1, 2023 DOWNLOAD RESOURCE
  • E - CIGARETTES
  • LEGAL/POLICY GUIDANCE

Common regulatory and drafting issues fall into four categories:

  1. Title and scope: Whether e-cigarettes are included in the title and objectives of the law.

  2. Regulation of electronic non-nicotine delivery systems (ENNDS): Whether the law specifically regulates ENNDS.

  3. Definitions:

    1. Whether the definition of “tobacco products” in the law is broad enough to apply to e-cigarette devices and liquids.

    2. Whether devices and liquids should be defined separately.

    3. Whether the public use of e-cigarettes/ENNDS falls within the definition of “smoke” or “smoking” in existing laws.

  4. Specific issues to consider when the sale of e-cigarettes and/or ENNDS is banned: If the sale of e-cigarettes/ENNDS is banned, whether existing or newly developed laws explicitly prohibit the public use of e-cigarettes/ENNDS and advertising, promotion, and sponsorship of the products.

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