California Municipalities Ban E-Cigarettes with Greater Frequency

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The topic of e-cigarettes has become increasingly combustible over the past weeks for municipalities across California. While many cities are choosing to ban the use of the electronic replacement for traditional cigarettes, others are exploring the available options for regulating the use of the devices, including a permit system for retailers seeking to sell the devices. According to this San Diego Union-Tribune article, the City of Poway recently chose to broaden the definition of smoking in its municipal code to include e-cigarettes, and to extend its existing prohibition on smoking to include public buildings, grounds, parks, and trails. In justification of the ban, the city cited the unknown health risks associated with extended use of e-cigarettes, the increasing popularity of the devices with minors who may turn to using traditional cigarettes, and concerns about enforcing its smoke-free ordinances due to the difficulty in distinguishing between regular cigarettes and e-cigarettes. The city’s ban also referenced a limited study by the Food and Drug Administration finding that e-cigarettes contain carcinogens and toxic chemicals. (See also FDA news release.)

Critics of the decision to ban e-cigarettes often point to the perceived lack of evidence proving that there are health hazards associated with the use of the devices. Such critics also stress the importance that the devices may have on those seeking relief from an addiction to traditional cigarettes.

With further federal and state regulation of the devices coming in the near future, this issue is not likely to go away anytime soon.

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The topic of e-cigarettes has become increasingly combustible over the past weeks for municipalities across California. While many cities are choosing to ban the use of the electronic replacement for traditional cigarettes, others are exploring the available options for regulating the use of the devices, including a permit system for retailers seeking to sell the devices. According to this San Diego Union-Tribune article, the City of Poway recently chose to broaden the definition of smoking in its municipal code to include e-cigarettes, and to extend its existing prohibition on smoking to include public buildings, grounds, parks, and trails. In justification of the ban, the city cited the unknown health risks associated with extended use of e-cigarettes, the increasing popularity of the devices with minors who may turn to using traditional cigarettes, and concerns about enforcing its smoke-free ordinances due to the difficulty in distinguishing between regular cigarettes and e-cigarettes. The city’s ban also referenced a limited study by the Food and Drug Administration finding that e-cigarettes contain carcinogens and toxic chemicals. (See also FDA news release.)

Critics of the decision to ban e-cigarettes often point to the perceived lack of evidence proving that there are health hazards associated with the use of the devices. Such critics also stress the importance that the devices may have on those seeking relief from an addiction to traditional cigarettes.

With further federal and state regulation of the devices coming in the near future, this issue is not likely to go away anytime soon.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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