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 or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor [including] any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an [aforementioned] product . . . .”
Tenn. Code Ann. § 39-17-1503(12) (2023)

Liquid nicotine container means “a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product [except containers] prefilled and sealed by the manufacturer, and not intended to be opened by the consumer.”
Tenn. Code Ann. § 39-17-1512(a) (2023)

Smoking material means “tobacco or hemp that is offered for sale to the public with the intention that it is consumed by smoking, as well as any noncombustible product containing nicotine or any other substance intended for use in a vapor product . . . .”
Tenn. Code Ann. § 39-15-407(5) (2023)

Smoking paraphernalia means “a cigarette holder, cigarette papers, smoking pipe, water pipe, vapor product . . . or other item that is designated primarily to hold smoking material while the smoking material is being smoked.”
Tenn. Code Ann. § 39-15-407(6) (2023)

Smoking paraphernalia means “(A) [a] cigarette holder; (B) [a] smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls; (C) [a] water pipe; (D) [r]ose and pen combinations; or (E) [v]apor products . . . .”
Tenn. Code Ann. § 39-17-1511(3) (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?

Liquid nicotine containers must be child-resistant.
Tenn. Code Ann. § 39-17-1512(b) (2023)


What restrictions are in place for retail or youth access?

Sale/distribution of vapor products to persons under age 21 years prohibited.
Tenn. Code Ann. §§ 39-17-1504(a)39-15-408 (2023)

Purchase/possession of vapor products by persons under age 21 prohibited.
Tenn. Code Ann. §§ 39-17-1505(a), 39-15-409 (2023)

Minors permitted to handle vapor products in the course of employment when under the supervision of someone at least 21 years of age.
Tenn. Code Ann. § 39-17-1505(f) (2023)

Vending machine sales of vapor products inaccessible to persons under age 21 years of age, or other places where under continuous supervision or operated by token.
Tenn. Code Ann. § 39-17-1507 (2023)

Self-service displays of vapor products prohibited.
Tenn. Code Ann. § 39-17-1511(b) (2023)

Distribution of free vapor products/samples prohibited on “any public street, sidewalk, or park.”
Tenn. Code Ann. § 39-17-1504(c) (2023)

Distribution by mail of vapor products requires distributor obtain an affirmative statement from recipient that the person is 21 years or older.
Tenn. Code Ann. § 39-17-1504(d) (2023)


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



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

Use of vapor products included in definition of “smoking” (Tenn. Code Ann. § 39–17–1802(16)(B) (2023) (definition of "smoking")) and prohibited in enclosed public spaces (Tenn. Code Ann. § 39–17–1803 (2023)), with some exemptions (Tenn. Code Ann. § 39–17–1804 (2023)).

Use of vapor products restricted to areas children not allowed at child care centers, any room or area in a community center while the area is used for children’s activities, group care homes, healthcare facilities, museums, schools, school grounds, residential treatment facilities for children and youth, youth development centers, zoos.
Tenn. Code Ann. § 39-17-1604 (2023)

Use of electronic nicotine delivery systems prohibited at Tennessee Technological University, Cookeville Student Housing and within and on grounds of Austin Peay State University.
Tenn. Comp. R. & Regs. 0240-09-02-.05(2)(d), 0240-05-02-.02(2)(w) (2023)

Use of vaping and e-cigarette products prohibited in Sullivan County courts.
Second Judicial District Local Rules of Practice, Rule 14.09 (2019)


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

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