Research & Commentary: E-Cigarette Regulation in Ohio

Published March 17, 2014

Over the past five years, electronic cigarettes (e-cigarettes) have emerged as a popular alternative for smokers looking to quit or substantially reduce their cigarette use. Smoke-free, tobacco-free, and often nicotine-free, e-cigarettes are seen by many in the public health community as far safer than traditional combustible cigarettes and the best feasible option to help get smokers to quit voluntarily. As the use of e-cigarettes has grown, state and local governments across the nation have begun considering efforts to regulate and tax these products.

Multiple studies and surveys have shown a substantial number of smokers have switched to this far safer alternative. Research suggests e-cigarettes are particularly helpful for heavy smokers who have tried and failed to quit through traditional methods such as nicotine gum, the nicotine patch, and medication. That is why the American Association of Public Health Physicians has concluded e-cigarettes could “save the lives of 4 million of the 8 million current adult American smokers.”

The imposition of excise taxes on e-cigarettes will take away a prime economic incentive for smokers to improve their health and switch to e-cigarettes. Some tobacco control organizations see no difference between cigarettes and e-cigarettes and insist the two products be taxed similarly. Only one state, Minnesota, follows this policy, subjecting e-cigarettes to an excise tax of 95 percent of the wholesale price. Since Minnesota’s tax was enacted in 2010, similar attempts to tax e-cigarettes have failed in several states, including Delaware, Iowa, Maine, New Mexico, Ohio, Oklahoma, Oregon, and Utah. Earlier this year, Massachusetts Gov. Deval Patrick briefly sought support for a plan to tax e-cigarettes as a tobacco product, but he abandoned his plan when legislators indicated only lukewarm support.

In Ohio and most other states, e-cigarettes are subject to state and local sales taxes. Certain rules pertaining to youth access and product safety are appropriate. The Ohio Legislature, for example, recently banned the sales of e-cigarettes to minors and regulated sales made through the Internet. Ohio legislators should resist calls from activist groups to involve themselves further in this growing industry. Imposing burdensome tobacco taxes on a product many anti-smoking public health advocates endorse as a way to greatly reduce the toll of smoking is neither sound tax policy nor a wise health policy.

The following articles provide more information about electronic cigarettes and efforts to regulate their sale and use.


Scioto Downs OK with Use of E-Cigarettes

The Columbus Dispatch‘s Steve Wartenberg reports Scioto Downs rescinded its ban on e-cigarette use within its casino, after guests requested the policy be changed. The writer reports Scioto Downs is the fourth Ohio casino specifically to permit their use.

Vapor tales: Advocates Say E-Cigarettes Help Them Quit

Toledo Blade journalist Roneisha Mullen reports on how many smokers across Ohio say they have quit smoking with the use of e-cigarettes.

Revolver Specializes in New Market of Electronic Cigarettes

Jeff McGinnis of the Toledo Free Press explores the small-business success story of Revolver Electronic Cigarettes. In just under two years, Revolver grew from an Ohio Internet startup to a viable small business with two storefront locations in Toledo and Perrysburg.

Smoke, the Chief Killer—Strategies for Targeting Combustible Tobacco Use

Writing in the New England Journal of Medicine, three distinguished professors in the field of tobacco control endorse tobacco harm reduction as a way to reduce smoking-related disease and death. The authors report 98 percent of tobacco-related deaths are attributable to the inhaling of burning smoke, and they note evidence shows all noncombustible nicotine delivery systems (e.g., nicotine replacement therapies, smokeless tobacco, e-cigarettes) are far safer than smoking.

E-cigarette Regulation: Take Sensible Approach to Help Smokers Quit

Writing for the Heartlander, Jeff Stier, a senior fellow at the National Center for Public Policy Research, notes e-cigarettes provide both immediate and long-term health benefits. He argues any regulation should be carefully designed so as not to hinder use of e-cigarettes by those seeking to quit smoking cigarettes.

Regulating, Taxing E-Cigarettes

Heartland Institute Senior Fellow Brad Rodu argues new taxes on e-cigarettes are likely and makes suggestions on how states should implement these taxes.

A Fresh Look at Tobacco Harm Reduction: the Case for the Electronic Cigarette

Riccardo Polosa, Brad Rodu, Pasquale Caponnetto, Marilena Maglia, and Cirino Raciti identify the health effects of e-cigarette use and consider the acceptability, safety, and effectiveness of this product as a long-term substitute for smoking.

Research & Commentary: Electronic Cigarettes

In this Research & Commentary, Heartland Institute Senior Policy Analyst Matthew Glans examines electronic cigarettes, tobacco harm reduction, and various proposals to regulate e-cigarette use. E-cigarettes have become one of the most popular nicotine replacement products and a key building block in tobacco harm reduction strategies.

Research & Commentary: Age Restrictions for Electronic Cigarettes

Matthew Glans of The Heartland Institute outlines the debate over how to regulate electronic cigarettes and describes efforts to regulate their sale to and use by minors.

Electronic Cigarettes at a Regulatory Crossroads

Writing for Regulation magazine, Thomas Hemphill outlines the various regulatory paths the state and federal governments may take in their efforts to regulate e-cigarettes.

Tobacco and Tobacco Products at a Crossroads in the 21st Century

Tobacco and health policy consultant Scott D. Ballin outlines several considerations he says must be part of the debate if further improvement in harm reduction are to continue.

The Clueless Crusade to Ban E-Cigarettes

Writing for the Reason Foundation, Nick Gillespie discusses the effort to ban e-cigarettes and the motivation behind such bans.

Electronic Cigarettes Are the Tobacco Harm Reduction Phenomenon of the Year—But Will They Survive?

Paul L. Bergen and Courtney E. Heffernan provide a brief history of the e-cigarette and discuss the merits and limitations of e-cigarettes in tobacco harm reduction.

The Electronic Future of Cigarettes

Writing in The Atlantic, Brad Rodu examines the effectiveness of e-cigarettes as a method of nicotine harm reduction and criticizes the efforts of opponents and regulators to hinder the companies that produce them: “The body of highly credible research and roster of public health experts endorsing tobacco harm reduction continues to grow, providing more science-based support for smokers to switch. In the absence of rational FDA regulation, nicotine-addicted smokers would do well to quit cigarettes and avail themselves of the many smoke-free harm reduction products that are currently on the market.”


Nothing in this Research & Commentary is intended to influence the passage of legislation, and it does not necessarily represent the views of The Heartland Institute. For further information on this and other topics, visit The Heartland Institute’s Web site at, and PolicyBot, Heartland’s free online research database, at 

If you have any questions about this issue or the Heartland Institute Web site, contact Heartland Institute Government Relations Director John Nothdurft at [email protected] or 312/377-4000.