Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
How does the state define an e-cigarette?
Electronic nicotine delivery system means “[a]ny electronic device that uses a battery and heating element in combination with an e-liquid or tobacco to produce a vapor that delivers nicotine to the individual inhaling from the device to simulate smoking, and includes, but is not limited to, products that may be offered to, purchased by, or marketed to consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vape tool, vaping device, or any variation of these terms [and] includes any e-liquid intended to be vaporized in any device included in this subdivision.”
Ala. Code § 28-11-2(6) (2022)
E-liquid means “[a] liquid that contains nicotine and may include flavorings or other ingredients that are intended for use in an electronic nicotine delivery system.”
Ala. Code § 28-11-2(8) (2022)
Liquid nicotine container means “[a] bottle or other container of a liquid product that is intended to be vaporized and inhaled using an electronic nicotine delivery system [except those pre-filled, sealed, and not intended to be opened by consumer].”
Ala. Code § 28-11-2(11) (2022)
Vapor products means “[a]ny non-lighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine in a solution. The term includes any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.”
Ala. Code § 40-23-1(a)(16) (2022)
Consumable vapor product means “[a]ny nicotine liquid solution or other material containing nicotine that is depleted when used as a vapor product.”
Ala. Code § 40-23-1 (a)(15) (2022)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
What regulations are in place for e-cigarette packaging?
Liquid nicotine containers must be sold in child-resistant packaging.
Ala. Code § 28-11-18(a) (2021)
What restrictions are in place for retail or youth access?
Sale of electronic nicotine delivery systems to persons under age 21 prohibited.
Ala. Code § 13A-12-3 (2022)
Purchase, use or possession of electronic nicotine delivery systems by persons under age 21 prohibited.
Ala. Code § 28-11-13(a) (2022)
Minor employees may handle electronic nicotine delivery systems when an employee over the age of 21 is present.
Ala. Code § 28-11-13(a) (2022)
A county may not issue a specialty retail license for sales of electronic nicotine delivery systems if the retail business is located within 1,000 feet of a school, child-care facility, church, public library, playground or park, or other youth-centered facility or space after January 1, 2020 (unless retailer is a specialty shop that has been in business at that location for 18 consecutive months).
Ala. Code § 28-11-19 (2022)
Self-service displays of electronic nicotine delivery systems restricted to tobacco specialty stores or vending machine sales in areas inaccessible to persons under age 21 years or is under the direct control of an employee.
Ala. Code §§ 28-11-6.1, 6.2 (2022)
Delivery sales of electronic nicotine delivery systems may only be made after obtaining a permit for delivery sales, verifying the age and address of the purchaser through a third-party verification service, and taking payment through a credit or debit card in purchaser’s name.
Ala. Code § 13A-12-3.8(a)-(d) (2022)
Advertising electronic nicotine delivery systems on a billboard as available in flavors other than tobacco, mint or menthol or within 1,000 feet of any school or public playground prohibited.
Ala. Code § 28-11-16(a) (2022)
Specialty retailers or manufacturers of electronic nicotine delivery systems may not use the brand name of such product to sponsor scholarships, events for which individuals aged 21 years or older make up less than 85 percent of performing participants, nor advertise in print or digital publications for which individuals aged 21 years or older make up less than 85 percent of the readership.
Ala. Code § 28-11-16(b) (2022)
Electronic nicotine delivery systems may not be advertised or marketed using terms like “candy” or other sweet or dessert-like descriptors, or any other imagery that is known to appeal to minors.
Ala. Code § 28-11-16(d) (2022)
Is a retail license or permit required to sell e-cigarettes?
What smoke-free restrictions exist for e-cigarette use?
Licensed emergency medical providers cannot use e-cigarettes “while operating or riding in an ambulance or while providing patient care.”
Ala. Admin. Code r. 420-2-1-.29(2)(z) (2022)
Alabama e-cigarette regulations as of September 15, 2022.