Heated Cigarette Regulations - Arizona

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Is the use of heated cigarettes prohibited where combustible cigarette use is prohibited?*

A: Yes, for products that are ignited with a match or a lighter, like a conventional cigarette.

Arizona’s smoke-free law defines “smoking” as “inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.”

A heated cigarette that is “lighted” in the same way that a conventional cigarette is “lighted” is likely to be considered a “lighted tobacco product” by enforcement authorities.

A: Maybe, for products that are heated electronically.

A heated cigarette that is heated electronically could be considered “lighted” by enforcement authorities if the term is interpreted broadly to include concepts such as “activated” or “turned on.”

*For this question, the answer is different and depends on the type of heated cigarette. For a more in-depth explanation of the different types of products, see our Heated Cigarettes fact sheet.

Ariz. Rev. Stat. § 36-601.01(A)(11) (2018)

 

Minimum Legal Sales Age


Are heated cigarettes subject to Arizona’s minimum legal sales age for tobacco products?

A: Yes.

Arizona’s minimum legal sales age to purchase tobacco products applies to “a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco.”

Arizona defines “tobacco product" as:

any of the following:

(a) Cigars.

(b) Cigarettes.

(c) Cigarette papers of any kind.

(d) Smoking tobacco of any kind.

(e) Chewing tobacco of any kind.

Arizona defines a “vapor product” as:

a noncombustible tobacco-derived product containing nicotine that employs a mechanical heating element, battery or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges.  Vapor product does not include any product that is regulated by the United States food and drug administration under chapter V of the federal food, drug and cosmetic act.

Heated cigarettes may be considered “tobacco products” or “vapor products” by enforcement authorities. They would also qualify as “any instrument or paraphernalia that is solely designed for the smoking or ingestion of tobacco” and therefore, prohibited under this law.

Ariz. Rev. Stat. 13-3622 (2018)

 

Taxation


Would heated cigarettes be taxed as “cigarettes” under Arizona’s existing tax law?*

A: Yes, for products where the tobacco is wrapped in paper, like a conventional cigarette.

Arizona tax law defines a “cigarette” as either of the following:

(a) Any roll of tobacco wrapped in paper or any substance not containing tobacco.

(b) Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by a consumer as a cigarette described in subdivision (a) of this paragraph.  This subdivision shall be interpreted consistently with the classification guidelines established by the Federal Alcohol and Tobacco Tax and Trade Bureau.

A heated cigarette that is wrapped in paper is likely to be considered a “roll of tobacco wrapped in paper” by enforcement authorities.

A: Maybe, for products that are not wrapped in paper like a conventional cigarette.

A heated cigarette that has tobacco that is contained in something other than paper could be considered a cigarette if enforcement authorities determine that it is a “roll of tobacco wrapped in . . .any substance not containing tobacco.”

*For this question, the answer is different and depends on the type of heated cigarette. For a more in-depth explanation of the different types of products, see our Heated Cigarettes fact sheet.

Ariz. Rev. Stat. § 42-3001(5) (2018)

 

 

Arizona heated cigarette regulation as of August 24, 2018. 

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