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Showing one post from September 2018.

Delaware’s Incremental Grapple with E-Cigs

Posted In News

Earlier this month the FDA announced that use of electronic cigarettes (or “e-cigs”) reached epidemic proportions among teenagers and it is cracking down. It placed the burden on five manufacturers to prove their devices are not being sold to minors and sent out notices to retailers reminding them of the prohibition against selling to minors under federal law. Delaware has had this same debate in slow motion starting in 2014, attempting to leverage its three main regulatory strategies: sales to minors, Clean Indoor Air Act, and taxes.

Delaware’s three major mechanisms are as follows:

  • 11 Del.Code §§ 1115-27 - Prohibition of Tobacco Sale to Minors
  • 16 Del.Code §2901 et al. - Clear Indoor Air Act
  • 30 Del.Code § 5301 et al. - Tobacco Excise Tax
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