Electronic cigarettes: restriction of use and advertising.

Existing law defines an electronic cigarette as a device that can provide an inhalable dose of nicotine by delivering a vaporized solution. Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age. Existing law, the Stop Tobacco Access to Kids Enforcement Act or the STAKE Act, requires the State Department of Public Health to establish and develop a program to reduce the availability of tobacco products to minors and to enforce the provisions of the act. Among other things, the act prohibits a cigarette or tobacco product from being sold, offered for sale, or distributed from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, unless the machine or appliance is located at least 15 feet away from the entrance of a premise that has been issued an on-sale public premises license to sell alcoholic beverages, as specified. The act authorizes the adoption of more restrictive local standards that further restrict access to and reduce the availability of cigarette or tobacco products from vending machines or devices or ban the sale entirely. This bill would make the provision of the STAKE Act restricting the sale of cigarette and tobacco products from vending machines applicable to electronic cigarettes, as defined.