What is vaping?
Vaping is the act of inhaling and then exhaling the aerosol, often referred to as vapor, produced by an electronic cigarette. This physical action is the same as is performed when smoking a cigarette. However, the term vaping is used because e-cigarettes produce an aerosol vapor rather than smoke.
Vaping Laws – Is Vaping Illegal?
Is vaping illegal? Well in short, it depends.
When the vaping craze really took off, the United States government and state regulators didn’t know what to do about it or how it should be controlled. Were these E-cigarettes really the answer to helping smokers wean themselves off tobacco or were they a new and addictive habit unto themselves?
The debate went back and forth – and continues to this day.
However, in August of 2016, the FDA decided to place vaping in the same class as smoking cigarettes. Vaping contains nicotine, which is a byproduct of the tobacco plant and as such, it is a tobacco product. On a national level, e-cigarettes are now regulated like any other system that conveys nicotine into the body.
E-cigarettes, now classified as a tobacco product, cannot be sold to children under 18 years of age. Vaping is prohibited in hospitals and many states are now banning the use of e-cigarettes on school property.
As of 2018, all e-cigarettes must be sold with the warning: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
As more adults and teens are vaping (as the national legal age to vape is 18) the FDA continues its research, education, and guidance on a national level. You can check out this part of the FDA website to stay abreast of any changes in vaping laws and regulations. FDA E-cigarettes Newsroom. Meanwhile, each state has its own regulations.
Is Vaping Considered Smoking?
As of 2016, the FDA ruled that vaping and e-cigarette products be regulated in the same manner as tobacco products, such as prohibiting sale to minors. This law does not include any restriction on where a person can vape.
Whether or not vaping is considered smoking when it comes to indoor and outdoor clean air laws has been left up to the states. In this regard, some states include vaping in their smoking bans and some do not.
What are the state laws regarding e-cigarettes and the display of No Vaping signs?
Most states incorporate their e-cigarette regulations with their smoking laws. However, this is not true of all the states. Since this article does not offer legal advice, it’s always best to check with your state and local authorities for specific, current information.
Below, we’ll take a look at the state-by-state regulations regarding e-cigarettes and vaping. We’ll be providing the most up-to-date information we can, but this is a rapidly changing area.
For information about e-cigarettes and vaping laws you can also check out the FDA’s site that explains new regulations affecting e-cigarettes as they emerge.
Vaping Laws by State
Alabama
As of this writing, the tobacco laws of Alabama and the Alabama Clean Indoor Act of 2003 don’t place any restrictions on e-cigarette use in private businesses or public places. In this state, No Smoking laws do not apply to vaping.
Based on this, we can assume that “No Smoking” signs posted in a business or on someone’s property will not prevent the use of e-cigarettes. However, it would be considered courteous to refrain from vaping in a location where you’re asked not to either by printed signage or verbal request.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Alabama.
Alaska
Despite the strict tobacco laws and the general recognition of the health threats of electronic cigarettes, Alaska has no specific regulations restricting vaping in public places. Neither are there any rulings in place with regards to the placement of No Vaping signs in businesses or public places.
So far, in Alaska, no smoking laws do not apparently apply to vaping.
However, again, we would suggest that any business owner who does not want people using e-cigarettes on their property post a sign stating this fact. Most people will willingly oblige.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Alaska.
Arizona
Although the state does have a Smoke-Free Arizona legislation it has no state-wide laws regulating the use of electronic cigarette use in public places or private businesses. (You can, however order a “No Smoking” sign from the above website.)
There may be local restrictions and we recommend checking for these.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Arizona.
Arkansas
In Arkansas, The Clean Indoor Air Act of 2006 enacted a few no smoking laws that pertain to electronic cigarettes as well as the use of other tobacco products, such as cigars and cigarettes.
The new legislation prohibits vaping on school campuses, childcare or healthcare facilities, and state park buildings.
Without any specific signage laws, it is assumed the basic “No Smoking” sign will apply to vaping as well as other cigarettes.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Arkansas.
California
California has strict laws regarding vaping and as of 2016, e-cigarettes are legally viewed in the same manner as other cigarettes. This means vaping is prohibited wherever smoking is not allowed. These areas include restaurants, schools, day care facilities, hospitals, medical offices and buildings, and places of employment.
Any business would be within its rights to post not only No Smoking signs but No Vaping signs as well.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of California.
Colorado
Although Colorado has no state law curtailing the use of electronic cigarettes in businesses or public places, local governments in the state may enact ordinances governing vaping. Your city or municipality will be happy to let you know what the local regulations are in your area.
As a business owner, you are still allowed to post a No Vaping sign. However, the enforcement of your request will depend on the local regulations.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Colorado.
Connecticut
In 2015, the State of Connecticut enacted Public Act No 15-206 regulating the use of electronic cigarettes in public places. Vaping is now prohibited in state buildings, restaurants, school campuses and buildings, healthcare facilities, and childcare facilities in Connecticut.
No specific No Vaping signs are available from the state, but they provide No Smoking signs. You can also, certainly, purchased and display your own No Vaping sign in your business or on your property.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Connecticut.
Delaware
In 2015, Delaware passed legislation that would ban the use of electronic cigarettes in all places where smoking was prohibited. Now, according to the State Code of Delaware, you may not vape in restaurants, public buildings, any government-owned and operated buildings, hospitals, medical facilities, child care centers, and sports venues.
As far as is known at this time, no e-cigarette or vaping signage is provided for free.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Delaware.
Florida
The Florida Clean Indoor Air Act governs where smoking cigarettes is allowed and where it is prohibited throughout the state. It does not, however, apply to the use of electronic cigarettes, and Florida does not currently have any legislation that bans vaping in public places.
Any signs governing cigarette smoking do not also apply to the smoking of e-cigarettes. You can place a sign asking people not to vape, but it is not enforceable by law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Florida.
Georgia
Georgia has no current laws governing the use of electronic cigarettes in public places. Their Smoke Free Air Act of 2005 does not mention vaping or e-cigarettes. Local laws may be understood to apply to electronic cigarettes as well as other tobacco use, but you will need to check with local authorities for clarification.
In Georgia, No Smoking signs cannot be interpreted to include vaping.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Georgia.
Hawaii
In Hawaii, e-cigarettes fall under the same laws as the use of tobacco-burning cigarettes. As such, the use of electronic cigarettes is prohibited in businesses, retail stores, healthcare facilities, parks, and other public places.
The Hawaii Tobacco Control website is a great resource for more information on vaping in Hawaii. Example of No Smoking / No Vaping signs is available on the site.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Hawaii.
Idaho
In Idaho, the Indoor Clean Air Act does not reference e-cigarettes or vaping. Local districts may, however, have their own regulations. Check with your city or town to discover any local ordinances relating to vaping in your area.
No signs regarding vaping are mentioned in law in this state. If you post such a sign it will not be enforceable by law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Idaho.
Illinois
The Smoke Free Illinois Act of 2016 regulates both smoking and vaping throughout the state. Smoke and vape-free places include school campuses. However, no other locations appear to be covered in this legislation. Check with your local government agencies for more information on local area ordinances.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Illinois.
Indiana
The wording of the Indiana statute governing “smoke-free air” leaves itself open to interpretation (as so many laws do). The words “lighted tobacco smoking equipment” could be translated to include e-cigarettes.
If this reading of the law is correct, vaping is prohibited in most public places, work places, and restaurant. In this case, “No Smoking signs would apply to vaping as well.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Indiana.
Iowa
Iowa’s Smokefree Air Act contains no specific mention of electronic cigarettes. However, the state does allow cities to enact their own ordinances regarding vaping.
For instance, the city of Garner, Texas bans e-cigarettes in all areas that prohibit smoking.
Check with your local government agencies to become acquainted with specific ordinances in your area.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Iowa.
Kansas
The Kansas Indoor Clean Air Act bans smoking cigarettes in public places and businesses but does not mention electronic cigarettes or vaping.
Check with your local government website to discover if there are any local ordinances governing public use of electronic cigarettes.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Kansas.
Kentucky
Kentucky has no regulations on vaping in public places. We can assume that ‘no smoking’ signage does not apply to e-cigarette use.
An attempt is currently being made to enact regulations to protect the health of workers by prohibiting smoking in public places.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Kentucky.
Louisiana
Louisiana currently has state-wide regulations curtailing the use of electronic cigarettes in public places, although tobacco smoking is prohibited in public buildings, restaurants and work places.
Local ordinances may be on the books that proscribe the use of e-cigarettes. These should be researched on an individual basis.
There aren’t any No Vaping signs available from the state.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Louisiana.
Maine
Electronic Cigarettes are not directly mentioned in the anti-smoking laws in Maine. As such, we imagine No Smoking signs do not apply to vaping in this state. But you can still post one and count on the courtesy of your fellow human beings.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Maine.
Maryland
The Maryland Clean Indoor Air Act put into place in 2007 does not directly mention e-cigarettes or vaping. However, local municipalities are free to enact their own ordinances regarding electronic cigarettes.
We have found no place to find free No Vaping signs on any Maryland websites we checked. However, you can also get one (or two or three) from us.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Maryland.
Massachusetts
Massachusetts General Law (section 22) delineates the state-wide legislation regarding smoking. This section does not, however, mention vaping. Local municipalities may enact their own. But it can be safely assumed that No Smoking signs don’t apply to e-cigarettes.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Massachusetts.
Michigan
Michigan has it own Smoke-Free Air Act which outlines the laws regarding smoking within the state. Since the legislation makes no mention of e-cigarettes, the No Smoking signs seen in Michigan do not apply to vaping. A perusal of Michigan government websites revealed no mention of No Vaping signage.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Michigan.
Minnesota
The Minnesota Indoor Clean Air Act was amended in 2014 to include regulations regarding electronic cigarettes. Vaping is prohibited in public buildings, universities, and healthcare facilities.
In this state, the No Smoking signs placed in healthcare facilities and schools must be thought of as No Vaping signs as well. Since most people are not aware of laws such as these, it’s a good idea to get a sign made for your business that specifically warns against vaping.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Minnesota.
Mississippi
In Mississippi, the Clean Indoor Air Act of 2013 set forth laws governing smoking in public places. This legislation prohibits the smoking of cigarettes in university or government buildings. Electronic cigarettes, on the other hand, are not regulated at a state level. However, local governments have been given the power by the state to issue their own regulations regarding where it is legal to vape.
Obviously, Mississippi does not provide any signs or templates for No Vaping signs. That’s why we’re here! We can help you with a No Vaping sign for your business. Even if such a sign may not be support by the strength of the law, it will probably dissuade people from pulling out their e-cigarettes in your place of business.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Mississippi.
Missouri
In Missouri, the State Clean Indoor Law of 2000 set forth the laws governing smoking in public places within the state. This legislation prohibits the smoking of cigarettes in many public places. Electronic cigarettes, on the other hand, are not regulated at a state level. However, local governments have been given the power by the state to issue their own regulations regarding where it is legal to vape.
No Smoking signs here do not pertain to vaping and Missouri does not provide any signs or templates for No Vaping signs. That’s where we can help. We design No Vaping signs for your business. Even if local ordinances don’t demand adherence to such a sign, it can’t hurt and will more than likely stop people from vaping on your property.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Missouri.
Montana
Montana also has a Clean Indoor Air Act which regulates smoking in public places. However, as is the case with so many states, this legislation does not apply to vaping.
No templates are provided by the state for No Smoking signs. You should still check with authorities on the local level to see if vaping is regulated in your city or county.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Montana.
Nebraska
Here, the Nebraska Clean Indoor Air Act regulated tobacco smoking within the state in public places and businesses. There are, however, no statewide prohibitions regarding where vaping can occur. The good news is that the Nebraska Department of Health and Human Services recommends that businesses take their own initiative and ban e-cigarette smoking (vaping) from their establishments.
Local governments may enact their own ordinances against public vaping as well.
Here, No Vaping signs may well have the force of law behind them.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Nebraska.
Nevada
The Nevada Clean Indoor Air Act (2008) does not regulate the use of electronic cigarettes within the state. Local ordinances may restrict public use of electronic cigarettes, but these must be checked for at the city or county level.
If a No Vaping sign is to have any force of law, it would be at the local level.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Nevada.
New Jersey
New Jersey has some of the strictest vaping legislation in the country and since 2010 has had a ban on the use of e-cigarettes and vaping in all businesses and public areas.
Any No Vaping signs in this state must be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of New Jersey.
New Mexico
In New Mexico vaping is prohibited in school buildings, on school grounds and at any school sponsored events. All No Vaping signs in these locations must be obeyed. There may also be local ordinances prohibiting the use of electronic cigarettes in other places, such as hospitals, businesses and restaurants.
More information on the smoke-free law is available on the smoke-free New Mexico website.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of New Mexico.
New York
Although there is no state-wide ban on e-cigarette smoking in public places in New York, New York City has its own laws that apply to vaping. According to the smoke-free laws in NYC the use of electronic cigarettes is prohibited in offices, restaurants, parks, and bars. Signs in these areas must be heeded.
The New York City website provides a great example of a “No Vaping” sign.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of New York.
North Carolina
In 2010 North Carolina legislation went into effect that prohibits smoking in government buildings, bars, and restaurants.
This law, however, does not, however, mention vaping. Check with your city or county government regarding any ordinances that have been put in place on a local level. It can be safely assumed that No Smoking signs don’t apply to e-cigarettes and that any No Vaping will have the force of courtesy and not of law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of North Carolina.
North Dakota
Forward-thinking North Dakota has a statewide ban on electronic cigarettes (found in the North Dakota Century Code chapter 23-12) that prevents use in public places and places of employment. This law even prevents vaping within 20 feet of vents, windows, and entrances. No Smoking signs in these areas will be logically assumed to apply to vaping as well, but you can also put up your own independent No Vaping signage.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of North Dakota.
Ohio
The state of Ohio has laws on the books regarding public vaping. These restrictions can be found in the Ohio Legal Code (chapter 3789). The use of e-cigarettes is not allowed on the premises of state buildings. There are no other statewide bans that apply to e-cigarettes. Local cities or counties may restrict use. Contact local authorities to see if e-cigarettes are banned in your area.
It can be safely assumed that No Smoking signs don’t apply to e-cigarettes and that any No Vaping will have the force of courtesy and not of law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Ohio.
Oklahoma
In 2013, the use of e-cigarettes was banned on all state-owned and operated buildings and properties in Oklahoma. The state does not ban vaping in other public places. According to state statutes, ordinances against vaping must not be enacted on a local level.
It can be safely assumed that No Smoking signs don’t apply to e-cigarettes and that any No Vaping will not have the force of law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Oklahoma.
Oregon
Oregon’s Indoor Clean Air Act was amended in January of 2016 to include prohibitions regarding vaping in indoor public places, restaurants, and workplaces.
No Vaping signs must be obeyed in all public places and the state provides examples of these signs here, on their official website.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Oregon.
Pennsylvania
Other than in the city of Philadelphia, Pennsylvania law does not regulate vaping. In Philadelphia, the use of e-cigarettes is prohibited in all enclosed workplaces and city parks.
It can be safely assumed that No Smoking and No Vaping signs posted in Philadelphia must be obeyed. However, No Vaping signage in cities where no ban is in place would not be enforceable by law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Pennsylvania.
Rhode Island
Smoking tobacco is regulated in Rhode Island by the Smoke-Free Public Places and Workplaces Act with restrictions applying to enclosed public places, healthcare facilities, shopping malls, restaurants, and bars. Vaping, is not covered and there is now a statewide vaping ban. Check with your local government for any ordinances in your area.
No Vaping signs can be posted, but needn’t be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Rhode Island.
South Carolina
The South Carolina Clean Indoor Air Act (1990) set in place restrictions on smoking in public places, public transportation, school campuses and healthcare facilities. The restrictions do not, however, apply to the use of e-cigarettes.
Check with your local government agencies for any ordinances prohibiting vaping in public places or businesses.
In this state, No Vaping signs can be posted, but needn’t be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of South Carolina.
South Dakota
The South Dakota Codified Laws (Title 34-46) prohibited smoking in all enclosed workplaces. There are, however, no statewide restrictions on the use of e-cigarettes.
Contact your local authorities to determine if there are any area-specific restrictions.
No Vaping signs can always be posted, but needn’t be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of South Dakota.
Tennessee
Tennessee law prohibits smoking in certain specified places; this law does not, however, restrict vaping.
Contact your local authorities to determine if there are any area-specific restrictions.
No Vaping signs can always be posted, but needn’t be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Tennessee.
Texas
The Texas Department of Health and Human Services delineates the smoke-free locations where smoking cigarettes are prohibited. These places include hospitals, indoor theaters, trains, elevators, healthcare facilities, and school campuses. There is no mention of electronic cigarettes in these laws.
Contact your local authorities to determine if there are any area-specific restrictions.
No Vaping signs can always be posted, but needn’t be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Texas.
Utah
Beginning in 2012, the Utah Indoor Clean Air Act began applying the No Smoking regulations in the state to electronic cigarettes. This means that in places where smoking is banned, vaping is also banned. These areas include all indoor public places and businesses with posted signage
No Vaping signs can always be posted, and need to be obeyed.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Utah.
Vermont
Vermont state law prohibits e-cigarettes on public school campuses, state property, workplaces, indoor public places, and in cars with young children.
‘No smoking’ and ‘no tobacco use’ signs from the state, No Smoking and No vaping signs are available from the state. To order, click on the link to the Vermont state website.
You can also order these signs from us.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Vermont.
Virginia
In Virginia, it is illegal to vape on school property, including buses and school-sponsored activities. Any No Vaping signs posted in these areas must be followed.
Local governments are allowed to further regulate the use of e-cigarettes. These can be found by referencing city and county websites giving them a call.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Virginia.
Washington
In Washington, vaping is prohibited by state law on school campuses of higher education, but nowhere else. Signs must be followed on these properties but do not have any force elsewhere in the state, unless dictated by local ordinances.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Washington.
West Virginia
Use of electronic cigarettes is banned on school grounds and school-related property is West Virginia. Local laws may offer greater restriction to the use of e-cigarettes in public.
No Vaping signs will be enforced where they have the backing of the law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of West Virginia.
Wisconsin
Wisconsin’s Smoke‐Free Air Law (2010) clearly states e-cigarettes and vaping are not covered in the law and, as such, Wisconsin does not have any statewide vaping bans.
You can check with local authorities to discover whether any restrictions are in place.
It can be safely assumed that No Smoking signs don’t apply to e-cigarettes and that any No Vaping signs will have the force of courtesy and not of law.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Wisconsin.
Wyoming
Wyoming holds no statewide ban on the use of electronic cigarettes or on smoking.
Local ordinances may be enacted to control vaping. Check with your local government for further information.
The Public Health Law Center offers additional information about E-Cigarette Regulations in the state of Wyoming.
Some General FAQs
Will the use of a “No Vaping” sign protect a business or other property against the use of e-cigarettes?
The posting of these signs is dictated at the state and local level, typically falling under the same laws as “No Smoking” signs.
Is there a government agency that provides “No Smoking” or “No Vaping” signs to a business?
For the most part, no such sign is available from any government agency. However, it doesn’t hurt to ask. Your county or city may offer such signs.
Is there any specific symbol or logo that I need to place on a “No Vaping” sign I have made?
There’s no specific e-cigarette or vaping symbol you need to use. However, you can pattern it after the “No Smoking” sign. We can help with this.
Where should a “No Vaping” sign be posted?
Signs should be conspicuously posted at all entrances of your property or business and in areas inside the building where you especially want to prohibit this activity or where people are likely to vape or smoke.
Are secondhand e-cigarette emissions dangerous?
According to the American Lung Association, e-cigarette vapor is potentially harmful. Benzene, formaldehyde, and other carcinogens have been found in the vapor produced by electronic cigarettes.
Disclaimer
We are passionate about signage, but not expert in all the laws pertaining to the placement of signs, such as those regarding e-cigarettes and vaping. We’ve tried to offer the most up-to-date information on the laws and regulations regarding these signs, but suggest you consult with your local and state authorities to get the most current information straight from “the horse’s mouth”.
Meanwhile, it’s our opinion, if you want to post a No Vaping sign in your business, you should do it. Most people will be polite enough to follow your wishes and it’s hard to imagine a law against it.
Sources:
FDA Rules and Regulations related with tobacco products and vaping: https://www.fda.gov/TobaccoProducts/Labeling/RulesRegulationsGuidance/ucm394909.htm#rule
FDA Newsroom with Updates on e-cigarettes and vaping: https://www.fda.gov/TobaccoProducts/NewsEvents/default.htm
Public Health Law Center:
https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review
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