Currently, neither federal nor California laws exist that regulate e-cigarettes as tobacco products. However, there is some activity at both levels to do so. In the interim, more than 100 California cities and counties have considered ordinances or adopted language in municipal codes that aim to treat e-cigarettes like tobacco cigarettes with regard to business licensing requirements and inclusion in local smoking ordinances.
AB 1500 (Dickinson), as introduced, would prohibit any person engaged in the business of selling or distributing cigarettes, tobacco products or e-cigarettes to ship or cause to be shipped any cigarettes, tobacco products or e-cigarettes to any person in this state other than specified businesses.
SB 648 (Corbett) would extend the restrictions and prohibitions against the smoking of tobacco products to include restrictions or prohibitions against e-cigarettes in several places, including, places of employment, school campuses, public buildings, day care facilities, retail food facilities, and healthcare facilities. SB 648 also extends the prohibition of advertising of tobacco products in any state-owned and state-occupied building to include e-cigarettes.
It is important to note that neither AB 1500 nor SB 648 infringe on local control with respect to imposing a more restrictive ordinance on tobacco products.