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Regulating E- Cigarettes / 4. <br />Control Act. On April 25, 2011, the FDA announced it will not appeal the court's <br />decision and that it is now developing a strategy to regulate e- cigarettes containing <br />tobacco as tobacco products under the Tobacco Control Act. For the latest federal <br />information about regulating e- cigarettes, visit the FDA's website at http : / /www,fda.gov. <br />As with any tobacco product, state and local policies restricting the sale and marketing of <br />e- cigarettes may be subject to legal challenges, such as Commercial Speech or <br />Commerce Clause claims 9 Policies regulating the use of e- cigarettes may also be <br />challenged in court, particularly since e- cigarette restrictions are often included in smoke - <br />free laws, requiring drafters to redefine "smoking" to include the use of not only <br />cigarettes, cigars, pipes and other traditional tobacco products, but also e- cigarettes. <br />Communities may want to consider a comprehensive approach that targets similarly <br />addictive gateway products on the market now or in the future (such as nicotine water or <br />lobelia e- cigarettes). <br />Select Legislation and Policies <br />Below are a few examples of tobacco control policies that include provisions regulating <br />the sale, marketing or use of e- cigarettes.10 Many of these provisions are included in <br />smoke -free laws. Local and state governments might also want to consider other <br />legislative avenues or regulatory options, such as pricing strategies. <br />If you consider adapting any language from the following policies, take care to ensure the <br />provision in question is practical and legal in your jurisdiction. Please note that the <br />Tobacco Control Legal Consortium does not endorse or recommend any of the following <br />policies. These examples are included simply to illustrate how various jurisdictions have <br />defined and regulated these products. <br />Locality /State Policy Name <br />Minnesota <br />Tobacco <br />Modernization <br />and Compliance <br />Act of 2010, <br />Minn. Stat. § <br />609.685 <br />Text of Policy <br />Regulates sale of e- cigarettes and imposes criminal <br />penalties for the sale of nicotine or lobelia delivery <br />products, including e- cigarettes, to minors. <br />"Whoever sells to a person under the age of 18 years a <br />product containing or delivering nicotine or lobelia <br />intended for human consumption, or any part of such a <br />product, that is not tobacco as defined by section 609.685, <br />is guilty of a misdemeanor for the first violation. Whoever <br />violates this subdivision a subsequent time within five <br />years of a previous conviction under this subdivision is <br />guilty of a gross misdemeanor." <br />Definition: A nicotine delivery device is "a product <br />containing or delivering nicotine or lobelia intended for <br />human consumption, or any part of such a product, that <br />is not tobacco as defined by section 609.685." <br />Tobacco Control Legal Consortium 875 SummiAvenue, Saint Paul, MN 55105 -3076 <br />14 <br />uMw.tciconline.org <br />651.2907506 <br />