Appendix. Summary of Proposed and Enacted Local and State E‐cigarette Regulations in California, New York, Minnesota, and Illinois, 2009‐2014

Date	Location	Policy Issue	Regulation	Language as Introduced	Last Action	Changes Made Strengthened or Weakened
15 Sept 2009	California	Sales	Amends law to include devices that deliver doses of inhaled nicotine through a vaporized solution42	SB400 to prohibit sales of electronic cigarettes not approved by the FDA	Governor veto, 10 Nov 2009	No change
12 Jan 2010	New York State	Sales	Amends law to include e‐cigarettes as battery‐operated devices that deliver nicotine43	A9529 to prohibit the sale of e‐cigarettes not approved by the FDA and prohibit sales to minors	Failed, 21 April 2010	No change
14 Jan 2010	California	Sales	Amends law to include tobacco substitutes that deliver doses of inhaled nicotine through a vaporized solution271	SB882 to prohibit sale of e‐cigarettes that had not been approved by the FDA to minors and establishes infractions for violating this prohibition	27 Sept 2010	Language removed for penalties for retailers by the California State Assembly Committee on Governmental Organization
8 Mar 2010	Minnesota	Sales	Amends definition of tobacco products to include e‐cigarettes19	HF677 to prohibit e‐cigarette sales to minors and defines e‐cigarettes as any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product	11 May 2010	No change
2 Sept 2010	Illinois	Sales	Amends tobacco accessories law to include nicotine delivery products272	SB3174 to prohibit sale of nicotine products not approved by the FDA	Died, 21 Jan 2011	Language removed permitting sale of “modified risk product”
15 Feb 2012	New York State	Sales	Amends tobacco product distribution law to include e‐cigarettes in definition of prohibited sales to minors273	A09044B to prohibit the sale of e‐cigarettes to minors	5 Sept 2012	No change
15 Feb 2013	Illinois	Sales	Amends definition of tobacco products to include e‐cigarettes and prohibits sales to youth274	HB2250 to prohibit the sale of e‐cigarettes to minors	Died, 4 Dec 2014	Senate removed e‐cigarettes from the definition of tobacco products and defined alternative nicotine products; no further action taken as Illinois passed Senate version of bill
15 Feb 2013	Illinois	Sales	Prohibits sales and distribution of alternative nicotine products to minors55	SB1756 to prohibit the sale of “alternative nicotine products” to minors	15 Aug 2013	No change
22 Feb 2013	California	SF	Amends clean indoor air law to include e‐cigarettes in definition of tobacco product104	SB648 to prohibit e‐cigarette use wherever conventional cigarettes are prohibited	Died, 2 July 2014	Defined e‐cigarettes as devices that provide an inhalable dose of nicotine by delivering a vaporized solution; removed any restrictions on where e‐cigarettes were used or advertised and merely restricted the sale of e‐cigarettes in vending machines unless the vending machines were in adult‐only venues that are permitted to sell alcohol
20 Mar 2013	New York City	Sales	Amends youth access law to prohibit sales to minors and young adults275	Local law 94 to prohibit sales of cigarettes and tobacco products to individuals under 21 years of age	22 Nov 2013	Law strengthened to include e‐cigarettes in the definition of tobacco product, and restricts their sale to individuals under 21 years of age
15 Aug 2013	Duluth	Sampling	Amends law to prohibit indoor use of e‐cigarettes in any establishment with a tobacco retail license48	Ord. 13‐058‐O to prohibit sampling of e‐cigarettes in tobacco and e‐cigarette retail stores	9 Sept 2013	No change
15 Aug 2013	Duluth	SF	Amends definition of smoking to include e‐cigarettes48	Ord. 13‐059‐O to prohibit e‐cigarette use in public places, workplaces, bars, restaurants, outdoor dining and bars areas, and within 15 feet of entrances	9 Sept 2013	No change
15 Aug 2013	Duluth	TRL	Amends definition of tobacco product to include electronic smoking devices (e‐cigarettes, e‐hookahs, e‐cigars, e‐pipes)48	Ord. 13‐060‐O to prohibit sales to minors, require a tobacco retail license, prohibit vending machine sales	9 Sept 2013	No change
9 Sept 2013	Chicago	Sales	Amend definition of tobacco product from “any product containing tobacco leaf” to “any product… in any form containing nicotine derived from tobacco”276	Ord. SO2013‐6160 to prohibit sale of “alternative nicotine products” to minors	14 Jan 2014	Law strengthened to change definition of tobacco product to include e‐cigarettes, require retailers to obtain a tobacco retail license, prohibit self‐service displays, and include e‐cigarettes in existing smokefree provisions, prohibiting their use in workplaces, public places, restaurants, and bars
						Exempts nicotine‐free e‐cigarette use for theatrical performances; exempts e‐cigarette retail stores, retail tobacco stores, and designated hotel/motel rooms (<25%)
23 Oct 2013	Los Angeles	TRL	Amend definition of tobacco product in tobacco retailer licensing ordinance to include products containing nicotine derived from tobacco or synthetic nicotine54	Ord. 182823 to prohibit sales to minors, require retail tobacco license, prohibit self‐service displays, require vendor‐assisted sales	4 Dec 2013	Law strengthened to change definition of tobacco product from products containing “biologically active amounts of nicotine” to “nicotine derived from tobacco or synthetic nicotine…[intended] to be introduced into the human body”
4 Dec 2013	New York City	SF	Amend smokefree law to include e‐cigarettes and prohibit their use wherever smoking is prohibited47	Local law 152 to prohibit e‐cigarette use in public places, workplaces, restaurants, bars, parks and beaches; exempts use in hotel/motel rooms, retail tobacco and e‐cigarette stores, enclosed rooms in private events, residential health care facilities in separate enclosed rooms, designated outdoor dining areas	18 Dec 2013	Exempts use for theatrical performances
4 Dec 2013	Los Angeles	SF	Amend definition of smoking to electronic smoking devices (e‐cigarettes, e‐hookah, e‐cigar, e‐cigarillo, e‐pipe) and prohibit their use wherever smoking is prohibited54	Ord. 182921 to prohibit e‐cigarette use in public places, workplaces, restaurants including outdoor dining, bars, farmers markets, beaches, parks, exemptions for dining areas in age‐restricted bars	4 Mar 2014	Exemptions for use in theatrical performances and in e‐cigarette retail stores, failed attempt to exempt bars and nightclubs
13 Jan 2014	California	Sales	Amend tobacco sales law to include e‐cigarettes but does not define e‐cigarettes as tobacco products277	AB1500 to prohibit Internet sales to minors	Died, 30 Nov 2014	No change
14 Feb 2014	Illinois	Sales	Amend poison prevention packaging law to require child‐proof packaging for e‐cigarettes278	HB5689 to require electronic cigarette cartridges and liquids sold and marketed for the refilling of e‐cigarette cartridges to be sold only in special packaging and Illinois Department of Public Health to provide child‐proof packaging standards	22 Aug 2014	Language removed that required Illinois Department of Public Health to develop mandatory guidelines
6 Feb 2014	New York State	SF	Amend definition of smoking to include e‐cigarettes279	S06562b to prohibit e‐cigarette use wherever smoking is prohibited; smoking means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, including using electronic cigarettes or a device that vaporizes nicotine or any other substance	Died, 20 June 2014	Amended to permit indoor use in e‐cigarette retail stores and for promotional events to mirror amendments in the New York City law
27 Feb 2014	Minnesota	SF	Amend definition of smoking to include e‐cigarette use280	SF2027/HF1931 to prohibit e‐cigarette use wherever smoking is prohibited; smoking defined as inhaling or exhaling vapor from any heated cigar, cigarette, or pipe, or any other heated tobacco or plant product or electronic delivery device	5 May 2014	Bill significantly weakened to prohibit e‐cigarette use in public schools and government buildings

Definitions: Sales = sales restrictions (restrictions on sales, including packaging, minimum age requirements, and outright bans); SF = smokefree; Sampling = bans on product sampling in retail stores; TRL = tobacco retail licensing requirements.