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Electronic Cigarette Laws by State

XpertHR has archived this resource and replaced it with the enhanced Smoking and E-Cigarette Workplace Laws by State.

Authors: Marta Moakley and Melissa Gonzalez Boyce, XpertHR Legal Editors

Electronic cigarettes (e-cigarettes or e-cigs) are growing in popularity. As their use grows, the question of whether to allow employees to use them in the workplace becomes harder to avoid. There are both pros and cons to allowing e-cigs in the workplace, and an employer should consider both sides before making a decision. However, there are some states and municipalities that ban e-cigarettes in public places, usually as part of a smoking ban that already exists in the state.

An employer should check to see if e-cigarettes are banned in its location before deciding whether to allow their use in the workplace. The following chart sets out which states have laws that address e-cigarette use and where in those states bans on these devices exist.

Clicking on the state name within the chart will link to the Employment Law Manual's relevant Employee Health section, which offers detailed information regarding e-cigarette laws.