Vaping is a hot topic in the Arizona Legislature this session. E-cigarettes (also known as nicotine vape pens) are unregulated in Arizona. Nicotine vaping is widespread, and usage is increasing, particularly among youth.
Many adults use nicotine vape pens as a way to stop smoking real cigarettes. E-cigarettes don’t have the particulates that tobacco cigarettes do, but that doesn’t mean they are safe.
We have had two competing vaping bills in the Legislature. SB1147 is a tobacco industry bill that carves out vaping and regulates it separately in the Arizona statutes; it also preempts local laws. HB2357 regulates “any product derived from tobacco or containing nicotine” the same.
Back in the 1990s, when e-cigarettes first came to the US, tobacco control researchers at the UA and elsewhere said that e-cigarettes were “drug delivery devices” that should be regulated by the Food and Drug Administration (FDA). The tobacco industry fought this and said e-cigarettes were tobacco and should be regulated like tobacco. They won their court case at the national level, and e-cigarettes have been regulated like tobacco since then.
HB2357 is aligned with the federal law. SB1147 puts vaping into its own category— not a tobacco product or a nicotine delivery device.