E-cigarettes: Rules and regulations in Ohio (revised)

According to LaWriter Ohio Laws and Rules, Section 2927.02 of The Ohio Revised Code states that the distribution of or permitting children to use cigarettes or other tobacco or alternative nicotine products is considered illegal. This year, the House Committee on Aging banned the sale of products intended for use in electronic cigarettes that are not in child resistant packaging.

Ohio Attorney General Mike DeWine said the beginning of a new school year is a perfect time to ask parents, “‘Do you know what’s in your child’s backpack?’ E-cigarettes are now likely to be found among the school supplies of an increasing number of kids. Many e-cigarette products could be easily mistaken for pens, highlighters or other common school supplies. We want to alert parents and protect young people.”

“We know that tobacco addiction often begins in youth – nine out of 10 adult smokers in Ohio began smoking before age 18,” Deputy Director of The Ohio State University Comprehensive Cancer Center, Peter Shields said.

“Smokeless tobacco products are especially concerning because they are very attractive to youth and tobacco companies actively deploy marketing tactics aimed at encouraging dual use of smokeless tobacco with cigarettes to this audience. In addition, e-cigarettes have gained such rapid popularity that the medical community hasn’t had time to assess their health risks,” said Shield.

According to research,  “In recent years, the marketing for e-cigarettes increased from an estimated $6.4 million in 2011 to more than $59.3 million in 2013.” E-cigarette marketers utilize similar techniques that big tobacco companies used to sell cigarettes to youth, such as:

• Appealing flavors, including candy and fruit flavors
• Cartoon advertisements
• Placement in social media, movies, and TV
• Event sponsorships, including music festivals, NASCAR, and the World Series of Poker
• Free samples
• Celebrity endorsements

Cody (last name not disclosed), a general salesman at Kings of Vapor, a vapor shop that stocks a wide selection of electronic cigarettes, said their store sells the components to e-cigs, as well as the liquids, which are the nicotine and flavoring in them.

“There’s no such thing as second-hand vape,” he said. “You cannot catch any type of nicotine or chemicals by breathing it in around you. As far as the health benefits, they speak for themselves for someone who has tried e-cigarettes vs. actual cigarettes.”

Cody said since the store is located near Kent State, they attracts a lot of students, which are their prime customers; however, the age group range they’ve seen is anywhere from 18 year-olds to senior citizens.

In a study called the Characteristics of e-cigarette users, perceptions of harm and reasons for use among college students, four Kent State health officials conducted research on the background, methods, conclusions and results of e-cigarette use.

In the anonymous online survey administered, 2809 college students were surveyed. Demographic information, perceptions of harm, and data regarding acceptability of e-cigarette use and reasons for initiation of use were collected and analyzed.

Results: “Twenty-seven percent of participants (753) reported ever using an e-cigarette, with 7.1% reporting that it was somewhat or very likely that they would try an e-cigarette in the future. Among e-cigarette users, 41.8% reported learning about e-cigarettes from a friend. 25.9% had used an e-cigarette the first time experimentally and 15.0% tried an e-cigarette in an effort to stop smoking tobacco cigarettes. The majority of participants (52.2%) perceived e-cigarettes to be less dangerous than tobacco cigarettes with 52.0% perceiving e-cigarettes to have fewer toxins than tobacco cigarettes. The average perceived harmfulness rating of e-cigarettes was 4.58 on a scale from 0 (very safe) to 7 (very dangerous).”

The study concluded a report of a relatively high rate of e-cigarette use among participants and a smaller percentage indicated that it was likely they would try an e-cigarette in the future. [pullquote]”E-cigarette use was perceived as safer and less harmful than tobacco use.” – APHA [/pullquote]Better understanding of e-cigarette use and characteristics of users will be important as harm-reduction, prevention and intervention programs are developed.

Ohio Representative, Stephanie Kunze, who sponsored the bill banning cigarettes not in child-resistant packaging, said was alarmed by recent stats showing a doubling in the number of middle and high school students trying e-cigarettes.

“While most e-cigarettes do contain nicotine, there isn’t enough data to show that they are dangerous beyond the potential of nicotine addiction,” Kunze said.

“Until these studies come out on the actual effects of e-cigarettes and other alternative nicotine products, I think it’s a little premature to lump them into a category that we have years and years of history on as being harmful,” Kunz says.

The proposal to put a tax on the equipment for e-cigarettes that recently came about, is causing some distress for local businesses.

Jill Adams, owner of  says that Gov. John Kasich will put her new store out of business if his new tax proposal becomes law. “My $7 bottle of liquid (15 ml), will be $24.82. My 30ml bottle, which is $15.95 now, will go up to $49.75,” Adams said in an interview.

Head of operations for Ohio-based Altsmoke.com, Frank Cahall, said his businesses employ about 100 Ohioans and give them solid and flexible work opportunities and are paid above the minimal wage.

“In the simplest of terms, if the governor’s proposed tax increase on tobacco, and specifically the inclusion of vapor products in that tax, becomes law, you will be closing Altsmoke stores and will be sending our employees back to the unemployment line.”

Cahall operates stores in New Philadelphia, Columbus, Cincinnati, Canton, Springfield, Gahanna and South Euclid. Cahall said the governor’s proposed tax would put his stores out of business.

According to cspnet.com, a total of 22 states have proposed e-cigarette taxes in 2015. In Ohio, “60% of the wholesale price” would be taxed for e-cigarette products. Ohio’s Senate budget plan is also looking into a drastic increase in the tobacco tax in months to come.