Tobacco

E-Cigarettes and Vaping

The emergence of novel tobacco products, such as electronic-cigarettes ("e-cigarettes") and other vaping devices, presents new challenges to state public health agencies. ASTHO has compiled e-cigarette and vaping resources to assist officials with messaging and to share information regarding emerging trends in this area, such as the ongoing pulmonary illnesses and the youth vaping epidemic.

Featured resources are available below. All resources are available in ASTHO’s E-cigarettes and Vaping Resources Library, a searchable database that includes articles, media stories, factsheets, legislation, litigation, and other materials related to e-cigarettes and vaping.

Featured Resources

Press Statements

ASTHO issued press statements regarding the pulmonary outbreak and the Trump Administration's decision to halt the sales of flavored e-cigarettes. State and territorial health officials are welcome to use the language from the below press releases in their own communications with the public, media, and policymakers:

State Vaping Emergency Orders, Rules, and Recommendations

These documents are emergency orders, rules, and recommendations that states are using to address the pulmonary illnesses:

New York

Emergency rule: Prohibition on the Sale of Electronic Liquids with Characterizing Flavors (PDF) | Sept. 17, 2019
Health commissioner’s presentation to the New York Public Health and Health Planning Council on the state’s Emergency Action to Ban the Sale of Flavored E-cigarettes | Sept. 17, 2019
New York health commissioner’s memorandum recommending including menthol in the e-cigarette flavor ban | Sept. 26, 2019

Michigan

Emergency rule: Protection of Youth from Nicotine Product Addiction | Sept. 18, 2019

Massachusetts

Massachusetts governor's public health emergency declaration for vaping | Sept. 24, 2019
Massachusetts health commissioner's order prohibiting the sale or display of vaping products | Sept. 24, 2019
Note: The order excludes vaping products that have been FDA-approved as tobacco use cessation products or for other medical purposes and are being used for those approved purposes.

State Advisories on E-Cigarettes and Vaping

Below is a list of state advisories on e-cigarettes.

Wisconsin

Tobacco Prevention and Control Program: E-Cigarette Public Health Advisory

Oklahoma

Advisory to Consumers of Electronic Cigarettes, Electronic Nicotine Delivery Systems and Other Vapor Products

Tennessee

Advisory Concerning Electronic Cigarettes and Other Electronic Nicotine Delivery Products

New York

Health Advisory: Unexplained Vaping-associated Pulmonary Illness

Missouri

Health Advisory: Severe Lung Disease Associated with Vaping

Congressional Hearings

State and territorial health officials have testified before Congress about the pulmonary illnesses and public health threats of e-cigarettes. Links to their written testimonies and the hearing videos are provided below:

House Committee on Oversight and Reform

Hearing video: Don’t Vape: Examining the Outbreak of Lung Disease and CDC’s Urgent Warning Not to Use E-Cigarettes | Sept. 24, 2018
Witness testimony: Ngozi O. Ezike, MD, director, Illinois Department of Public Health witness testimony

House Committee on Energy and Commerce

Hearing video: Sounding the Alarm: The Public Health Threats of E-Cigarettes | Sept. 25, 2019
Witness testimony: Joneigh Khaldun, MD, MPH, chief deputy director for health and chief medical executive, Michigan Department of Health and Human Services witness testimony
Witness testimony: Elizabeth Cuervo Tilson, MD, MPH, state health director and chief medical officer, North Carolina Department of Health and Human Services witness testimony
Witness testimony: Lee Norman, MD, MHS, MBA, secretary, Kansas Department of Health and Environment witness testimony
Witness testimony: Monica Bharel, MD, MPH, commissioner, Massachusetts Department of Public Health witness testimony

Response to Federal Regulation

Last year, ASTHO submitted the comments below to federal register notices about regulating flavors and nicotine levels in tobacco products.

Vaping Litigation

Massachusetts
- Mass Dynamics, et al v. Baker, et al., US District Court District of Massachusetts Case No. 1:19-cv-12035
- Complaint, Mass Dynamics, Massachusetts (Federal Court)
- Amended Complaint, Mass Dynamics, Massachusetts (Cederal Court)
- Brief Supporting TRO and Preliminary Injunction, Mass Dynamics, Massachusetts (Federal Court)
- Brief Opposing Preliminary Injunction, Mass Dynamics, Massachusetts (Federal Court)
- Order Withdrawing Motion for Preliminary Injunction, Mass Dynamics, Massachusetts (Federal Court)
- Vapor Technology Association, et al. v. Baker, et al., US District Court District of Massachusetts Case No. 1:19-cv-12048
- Complaint, Vapor Technology Assoc., Massachusetts (Federal Court)
- Brief Supporting TRO and Preliminary Injunction, Vapor Technology Assoc., Massachusetts (Federal Court)
- Brief Opposing TRO and Preliminary Injunction, Vapor Technology Assoc., Massachusetts (Federal Court)
- Order Withdrawing Motion for Preliminary Injunction, Vapor Technology Assoc., Massachusetts (Federal Court)
- Vapor Technology Association et al. v. Baker, et al., Suffolk Superior Court Case No. 1984-CV-03102
- Complaint, Vapor Technology Assoc., Massachusetts (State Court)
- Brief Supporting Preliminary Injunction, Vapor Technology Assoc., Massachusetts (State Court)
- Opinion and Order on Motion for Preliminary Injunction
- Vapor Zone v. Mass. Dep’t of Public Health, Suffolk Superior Court Case No. 1984-CV-03023
- Complaint, Vapor Zone, Massachusetts (State Court)
Michigan
- Marc Slis, et al. v. State of Michigan, et al., Michigan Court of Claims Case No. 19-000152-MZ and A Clean Cigarette Corporation v. Whitmer, et al., Michigan Court of Claims Case No. 19-000154-MZ
- Complaint, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Motion and Brief for TRO, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Opinion and Order Denying TRO and Consolidating Cases, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Motion and Brief for Preliminary Injunction, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Supplemental Brief for Preliminary Injunction, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Second Supplemental Brief for Preliminary Injunction, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Amicus Brief by Campaign for Tobacco-Free Kids, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Plaintiff's Proposed Findings and Conclusions of Law, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Opinion and Order for Preliminary Injunction, Slis and A Clean Cigarette Corp., Michigan (State Court)
- Hearing Transcript 10/1/19
- Hearing Transcript 10/8/19
- Hearing Transcript 10/9/19
- Marc Slis, et al. v. State of Michigan, et al., Michigan Court of Appeals Case No. 351211 and A Clean Cigarette Corporation v. Whitmer, et al., Michigan Court of Appeals Case No. 351212
- Amicus Brief – Nicholas Bagley, professor of law, University of Michigan Law School
- Amicus Brief – Ivey, parent and teacher
- Amicus Brief – Campaign for Tobacco-Free Kids and other public health and medical organizations
- Emergency Application for Leave to Appeal
- Marc Slis, et al. v. State of Michigan, et al., and A Clean Cigarette Corporation v. Whitmer, et al., Michigan Supreme Court Case No. 160431
- Amicus Brief – Nicholas Bagley, professor of law, University of Michigan Law School
- Amicus Brief – Ivey, parent and teacher
- Amicus Brief – Campaign for Tobacco-Free Kids and other public health and medical organizations
- Supreme Court Bypass Application
- Mister E-Liquid v Whitmer, US District Court, Western District of Michigan Case No. 19-CV-00786
- Notice of Voluntary Dismissal
- Complaint, Mister E-Liquid, Michigan (Federal Court)
- Brief Supporting TRO and Preliminary Injunction, Mister E-Liquid, Michigan (Federal Court)
- Order Denying TRO, Mister E-Liquid, Michigan (Federal Court)
- Brief Opposing Preliminary Injunction, Mister E-Liquid, Michigan (Federal Court)
New York
Oregon
- Vapor Technology Association et al. v. Oregon Health Authority, Oregon Court of Appeals Case No. A172417 and No Moke Daddy, LLC, et al., v. Oregon Health Authority, et al., Oregon Court of Appeals Case No. A172419
- Petition for Judicial Review
- Motion to Stay Enforcement Pending Judicial Review (Vapor Technology Assoc)
- Motion to Stay Enforcement of Rule Pending Review (No Moke Daddy)
- Response to Motion to Stay Enforcement
- Reply in Support of Motion to Stay Enforcement Pending Judicial Review
- Order Granting Stay
Rhode Island
- Vapor Technology Association et al. v. Gina Raimondo, et al., Providence Superior Court Case No. PC-2019-10370
- Verified Complaint for Declaratory Judgment and Injunctive Relief
- Decision
Utah
- Vip Vapors of Orem, LLC, et al. v. Miner, et al., Salt Lake District Court Case No. 190908334
- Opinion and Order for Temporary Restraining Order
Washington
- Vapor Technology Association, et al. v. State of Washington, et al., Thurston Superior Court Case No. 19-2-05196-34
- Petition for Declaratory and Injunctive Relief
- Motion for Temporary Restraining Order
- Response Opposing Motion for Temporary Restraining Order