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?

Vapor product means “any noncombustible product containing nicotine 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 in a solution or other form [including] 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 [any of the aforementioned devices] [but] does not include any alternative nicotine product or tobacco product."
Mo. Rev. Stat. § 407.925.12 (2023)

Nicotine liquid container means “a bottle or other container of liquid or other substance containing nicotine if the liquid or substance is sold, marketed, or intended for use in a vapor product [but does not include cartridges] prefilled and sealed by the manufacturer and not intended to be opened by the consumer.”
Mo. Rev. Stat. § 407.926.4(2) (2023)


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



What regulations are in place for e-cigarette packaging?

Nicotine liquid containers must be child-resistant (except prefilled containers not intended to be opened by consumer).
Mo. Rev. Stat. § 407.926.4(1)—(2) (2023)


What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 18 prohibited.
Mo. Rev. Stat. §§ 407.926.1407.931.1, 407.931.3 (2023)

Vending machine sales restricted to places inaccessible to persons under age 18 or through machines equipped with lock-out device and under direct unobstructed supervision of an adult.
Mo. Rev. Stat. § 407.931.2 (2023)

Purchase/possession of vapor products by persons less than age 18 prohibited.
Mo. Rev. Stat. § 407.933.1 (2023)


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

Mo. Rev. Stat. § 407.934.1 (2023)


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

Vaping restricted to specifically designated areas of public buildings and grounds occupied by state agencies.
Mo. Code Regs. Ann. tit. 1, § 35-1.050(2)(A)(11) (2023)

Use of vapor products in public school buildings or busses prohibited (exceptions allowed).
Mo. Rev. Stat. § 191.775 (2023)

E-cigarette use in foster homes, vehicles transporting foster children and in the presence of foster children prohibited.
Mo. Code Regs. Ann. tit. 13, § 35-60.040(1)(O) (2023)


Missouri e-cigarette regulations as of December 15, 2023.

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