E-Cigarette Regulations - Louisiana

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

No

 

How does the state define an e-cigarette?

Youth Access and Tax

Vapor product means “any non-combustible product containing nicotine or other substances that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or other substances . . . [and] includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and 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.”
La. Rev. Stat. Ann. §§ 14:91.8(G)(7); 14:91.6(B)(7); 47:842(20) (2020)

Youth Access

Vapor product means “any non combustible product containing nicotine or other substances that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine  or other substances . . . [and] includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and 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.
La. Rev. Stat. Ann. § 26:901(32) (2020)

E-liquid means “a substance that does not include cannabis or CBD as defined under the laws of this state and the laws of the United States and which …may or may not contain nicotine, is intended to be vaporized and inhaled using a vapor product and is a legal substance…”
LA. Rev. Stat. Ann. § 26:901(7) (2020)

 

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

Vapor products and electronic cigarettes taxed at $0.05 per milliliter of consumable nicotine liquid solution or other material containing nicotine that is depleted as a vapor product is used.
La. Rev. Stat. Ann. § 47:841(F) (2020)

 

What regulations are in place for e-cigarette packaging?

Vapor products must have child-resistant and tamper-evident packaging.
La Admin. Code tit. 55 § 3211 (2020) (effective until October 21, 2020)

 

What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 18 prohibited.
La. Rev. Stat. Ann. §§ 14:91.8(C); 26:911(A)(1); 14:91.6(A) (2020)

Purchase of vapor product by persons under age 18 prohibited.
La. Rev. Stat. Ann. § 14:91.8(E) (2020)

Possession of vapor product by persons under age 18 prohibited unless accompanied by parent or in a private residence.
La. Rev. Stat. Ann. § 14:91.8(F) (2020)

Self-service displays of vapor products restricted to tobacco businesses and vending machines located in age-restricted settings.
La. Rev. Stat. Ann. §§ 26:91026:910.1 (2020)

 

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

Yes.
La. Rev. Stat. Ann. § 26:902(1) (2020)

 

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

Smoking or carrying electronic cigarettes and advanced personal vaporizers prohibited on any school property.
La. Rev. Stat. Ann. §§ 17:240(A)(2) (definition of smoking); 17:240(B)(2) (2020)

Using vaping devices in vehicles prohibited when child under age 13 is present.
La. Rev. Stat. Ann. §32:300.4(A) (2020)

 

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

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