Viper Vapor – Closed
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Electronic cigarettes: restriction of use and advertising.
Existing law defines an electronic cigarette as a device that can provide an inhalable dose of nicotine by delivering an inhalable solution. Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age.
Existing law restricts or prohibits the smoking of tobacco products in various places, including, but not limited to,
residential dwelling units, school campuses, public buildings, as defined, places of employment, day care facilities, retail food facilities, and health facilities. Under existing law, violation of the prohibition against smoking in certain of these places, including, but not limited to, a day care facility, health facility, or clinic constitutes an infraction or a misdemeanor, as specified.
This bill would extend the above-referenced restrictions and prohibitions against the smoking of tobacco products to include electronic cigarettes. By including electronic cigarettes within the restricted and prohibited activity, this bill would change the definition of a crime with respect to certain facilities, thereby creating a state-mandated local program.
Existing law prohibits the advertising of tobacco products in any state-owned and state-occupied building, except as specified.
This bill would extend the above prohibition against advertising to electronic cigarettes, as defined.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
