E-Cigarette Regulations - Indiana

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

Yes.
Ind. Code § 7.1-1-3-47.5(b) (2020)

 

How does the state define an e-cigarette?

Sales and packaging restrictions

Electronic cigarette means “a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution…[and] includes the components and cartridges.”
Ind. Code §§ 35-46-1-1.524-3-7-4 (2020)

Electronic delivery device means “any product that: (1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and (2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, or any other substance through inhalation of vapor from the product . . . [and] includes any component part . . . whether or not the component part is marketed or sold separately.”
Ind. Code § 24-3-7-5 (2020)

Nicotine liquid container means “a bottle or other container that: (1) contains a nicotine liquid or other substance containing nicotine; and (2) is sold, marketed or intended for use with an electronic cigarette or other electronic delivery device [but does not include such container if it is] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
Ind. Code § 24-3-7-6 (2020)

E-liquid manufacture and sales restrictions

E-liquid means “a substance that: (1) may or may not contain nicotine; and (2) is intended to be vaporized and inhaled using a vapor product.”
Ind. Stat. § 7.1-7-2-10 (2020)

Vapor product means “a powered vaporizer that converts e-liquid to a vapor intended for inhalation.”
Ind. Code § 7.1-7-2-23 (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

N/A

 

What regulations are in place for e-cigarette packaging?

Nicotine liquids/gels must be sold in child-resistant packaging (except prefilled containers not intended to be opened by consumer).
Ind. Code § 24-3-7-7 (2020)

Manufacturers must use e-liquid containers with tamper evident packaging, a child-resistant cap, among other requirements.
Ind. Code § 7.1-7-4-6(b) (2020)

 

What restrictions are in place for retail or youth access?

Sale/distribution of electronic cigarettes to persons under age 21 prohibited.
Ind. Code §§ 35-46-1-10(a); 35-46-1-10.2(a) (2020)

Sale of e-liquids to persons under age 21 prohibited.
Ind. Code §§ 7.1-7-5.5-1; 7.1-7-6-5; 7.1-7-6-2.1; 35-46-1-10(a); 35-46-1-10.2(a) (2020)

Possession/purchase of an electronic cigarette or e-liquid by persons under age 21 prohibited.
Ind. Code § 35-46-1-10.5(a) (2020)

Self-service displays and vending machine sales of electronic cigarettes restricted to tobacco/vape shops and places inaccessible to persons under age 21.
Ind. Code §§ 35-46-1-11.8; 35-46-1-11.5(c) (2020)

“[S]elf-service sale[s]” of e-liquids prohibited.
Ind. Code § 7.1-7-5-1.1(d) (2020)

Manufacturers, distributors, and retailers prohibited from marketing e-liquid as a modified risk product.
Ind. Code § 7.1-7-5-1.1(i) (2020)

Manufacture (including mixing, bottling, and packaging) and sale of e-liquids restricted to persons with proper permits.
Ind. Code § 7.1-7-4-1(a) (2020)

Retailers prohibited from selling e-liquids with more than 75 mg/ml of nicotine.
Ind. Code § 7.1-7-5-1.1(e) (2020)

“[Retailers] who ship e-liquids from a delivery sale order shall include as part of the shipping documents a document with the following statement: ‘E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age.’”
Ind. Code § 7.1-7-5.5-5 (2020)

Delivery sales of e-liquids must be prepaid by purchaser, shipped only to purchaser, and only after good faith effort to ascertain age.
Ind. Code §§ 7.1-7-5.5-3; 7.1-7-5.5-2 (2020)

Sale of e-liquid or electronic cigarettes containing vitamin E acetate is prohibited.
Ind. Code § 35-46-1-11.9 (2020)

A specialty e-cigarette/e-liquid store cannot be located within 1,000 feet of a school (applies to new businesses as of July 1, 2020).
Ind. Code § 35-46-1-11.4 (2020)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Ind. Code §§ 7.1-3-18.5-1; 7.1-7-5-1.1(a) (2020)

 

What smoke-free restrictions exist for e-cigarette use?

N/A

 

Indiana e-cigarette regulations as of September 15, 2020.

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