S.L. 2013-165 (S 530). Prohibit E-Cigarette Sales to Minors

S.L. 2013-165 amends G.S. 14-313 to prohibit the sale of electronic cigarettes (e-cigarettes) and similar products to persons under age 18. E-cigarettes do not burn tobacco. They work by heating a cartridge with a liquid nicotine solution to produce a vapor. Use of the products is often described as “vaping”—inhaling the vapor—rather than smoking.

Prior law defined “tobacco product” as any product containing tobacco and intended for human consumption. The new law amends the definition of “tobacco product” to include “tobacco-derived products” and “vapor products.” A tobacco-derived product is further defined as a noncombustible product that contains nicotine and is intended for human consumption, not including vapor products or products regulated by the federal Food and Drug Administration (FDA). (FDA-regulated products that might otherwise fall under this definition include smoking cessation products, such as nicotine patches.) A vapor product is further defined as a noncombustible product that uses a mechanical heating element, battery, or electronic circuit to heat a liquid nicotine solution in a vapor cartridge. The term includes electronic cigars, cigarillos and pipes, as well as e-cigarettes, but it specifically excludes any product regulated by the FDA.

It is a class 2 misdemeanor to sell or distribute any tobacco product—a term which now includes vapor products—to a person under age 18. Proof of age is required if the seller reasonably believes a prospective purchaser is younger than 18. Other provisions in the new legislation make the following additional changes to G.S. 14-313:

• The language of signs that retail distributors must post to inform consumers of the prohibition on sales to minors must now specifically include tobacco-derived products, vapor products, and cigarette wrapping papers. 
• Vending machine sales of tobacco-derived products, vapor products, or components of vapor products are prohibited. There is an exception for vending machines in establishments that are open only to persons age 18 or older, or in establishments where the vending machine is under the continuous control of the owner, a licensee, or an employee.
• Persons who distribute tobacco products via the Internet must perform age verification through an independent, third-party age verification service.

A statewide uniformity provision prohibits local ordinances or rules concerning the sale, distribution, display, or promotion of tobacco-derived products or vapor products. The provision does not appear to affect local regulation of use of the products, which is governed by other laws.