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June 22, 2017

e0cigNews out of New York and New Jersey this week indicates that additional e-cig regulations could soon affect consumers, manufacturers, and marketers alike.  Given the size of the market, it is incumbent to keep a watchful eye on these potential industry-changing developments.

What are the proposed e-cig regulations?

Of the respective e-cig regulations under consideration in New York and New Jersey, the proposal in New Jersey has those in the industry most on edge.  That is because the New Jersey bill, currently before both the State Assembly and Senate, is intended to prohibit the sale and distribution of most flavored electronic cigarettes.  The result of passage of the bill would be the creation of an e-cig market consisting of only three flavors: tobacco, menthol and clove.  While proponents of the bill contend that the existence of additional flavored products leads to increased use among children, industry lobbyists argue that the proposal would deal a crushing blow to the industry, as vapers who wish to quickly and easily quit cigarettes would be limited in their flavor options.

Meanwhile, the bill currently progressing through the New York legislature is intended to extend the provisions of New York’s Clean Indoor Air Act to include e-cigs.  Under this proposal, New York would effectively ban use of e-cigs in most bars, restaurants and workplaces.

Protecting Your E-Cig Business

Individual states and the federal government continue to craft rules of the road for the still nascent e-cig industry.  With the rapidly-changing regulatory environment, businesses in the industry, both in the manufacturing and the marketing arenas, will experience growing pains in the coming months and years as they acclimate to the new regulations and seek to alter their practices to maintain compliance.  Working closely with experienced counsel to shore up marketing practices and procedures, and to ensure that licensure and application processes are handled correctly, is essential for any business that currently operates in the space, as well as those hoping to enter the industry.

Developing federal and state electronic cigarette regulations should be of interest to anyone involved in the e-cigarette industry and those interested in product marketing in general. If you are interested in learning more about this topic or pursuing a venture in this area, please e-mail us at, or call us at (212) 246-0900.

The material contained herein is provided for information purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. 

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