Are there any federal or state laws regulating e-cigarettes in the workplace?
Author: Stefan H. Black, FordHarrison, LLP
Federal law does not currently regulate e-cigarettes. However, in early 2014, the Food and Drug Administration (FDA) is expected to release rules that regulate e-cigarettes. The FDA's rules, though, are not expected to address whether employees may vape while at work.
On the other hand, at least three states and several local governments have passed specific laws prohibiting the use of e-cigarettes in the workplace. Other state and local governments are expected to address the issue of e-cigarettes in the workplace in the next few months.