Vaping vs. The Law – What Can We Do? Vaping vs. The Law

Vaping vs. The Law – What Can We Do?

Brooke Faulkner – Vaping and e-cigarettes began simply as a way for people to quit smoking and in a short time they have become a cultural phenomenon!

From casual vaping to competitions and conventions, society’s fascination with e-cigarettes has become a hobby for many as much as an alternative to simple smoking. Studies show that the number of vape shops in the United States has tripled in the last three years.

There is a culture around vaping that is growing everyday, as vaping itself becomes a more profitable industry and a commonplace activity every year.

Because of this cultural phenomenon and the benefits of vaping as an alternative to smoking, many questions have been raised about vaping as it pertains to the law. For instance, where can you vape?

How are e-cigarettes taxed? What chemicals are you allowed to vape?

Hopefully this article will shed some light on these matters.

Where Can You Vape?

This question has become so controversial that Wikipedia has an entire page dedicated to vaping bans in the United States.

There is no federal mandate on where you can vape but in general, vaping is allowed in most outdoor scenarios.

The outdoor places that it is prohibited are typically private or very specific, for instance, within 50 feet of outdoor seating areas in Greeley, Colorado. In general though, you can vape outside.

Public indoor scenarios are much trickier, however. The rules change from city to city and state to state, but some cities prohibit e-cigarettes on the sidewalk, even.

If you are unsure about the laws of your state or city, some say that a good rule of thumb is if you can’t smoke there, don’t vape there. Until you know, this seems to be a safe way to proceed.

Many places ban vaping in bars and restaurants as well, but currently states such as Nebraska and Nevada don’t have any statewide vaping bans, and that includes restaurants and bars.

It still may be wise to check as those decisions can come from management at a place of business itself.

Some state and local level laws ban vaping in workplaces but it is typically up to employers or company policy to decide such a thing.

When Can You Vape?

The FDA finally stuck its nose into this in 2016 and made it illegal for anyone under the age of 18 to use an e-cigarette. This has caused some controversy, as some have claimed it harms their businesses and that they were not marketing to children in the first place.

How Are E-Cigarettes Taxed?

Again, this comes down to the state and city. Some states tax e-cigarettes the same as normal cigarettes, but a lot of them do not have any extra kind of tax other than state sales tax. Many of the United States allow taxes at a local level as well, so while a state tax may not be in place on e-cigarettes in many states, local taxes may still apply.

What Can You Vape?

There aren’t very many regulations, if any, on what you can put in a ENDS (electronic nicotine delivery system), as long as it is not illegal.

However, e-cigarette manufacturers are now held to the same standards as tobacco manufacturers due to a 2016 decision by the FDA, and have to comply with the same legal registration

So What To Do?

Stay ahead of the law, know your rights, and be aware of what it says about vaping. If you do this it shouldn’t be so hard to stay out of trouble, and you’ll be able to enjoy your e-cigarettes in peace.

Author –

Brooke Faulkner is a law and math nerd from the pacific northwest. One of her life goals is to bridge the gap between numbers and the public by advancing STEM education in public schools and discussing economic policy at the dinner table.

When there’s a $27 billion dollar industry about there are also big law firms seeking an equally big slice of the action. But not always.

The franchising boom in New Zealand has seen a small boutique firm –successfully carve out a niche for itself and largely dominate the ‘franchise space’ and providing leading legal work for franchisors and franchisees alike.

Stewart Germann Law operates in the bustling law precinct of Shortland Street, providing franchise and commercial law expertise to a growing number of kiwis entering the booming franchise industry.

Led by Stewart Germann it has been doing that for well over 35 years.

Although Stewart has got an eye on succession planning and has strategies in place to do so, he nevertheless thoroughly enjoys his work, combining his undoubted expertise with the satisfaction of helping clients and involving himself heavily in a raft of outside activities, from Law Society committees to Governance New Zealand, The Stroke Foundation, the Medico-Legal Society and many others.

“You need to contribute to your own profession and community activities as much as you can,” he told LawFuel during an interview on his practice and approach to the law.

Commencing his practice in a high profile larger law firm, Stewart set up his own practice and developed the franchise practice as one of the only lawyers who knew anything about the growing phenomenon of franchise business.

Although large firms act for some of the major franchise brands with which we are all familiar, McDonalds being the obvious example, the vast array of franchise businesses, ranging from home cleaning, lawn mowing, coffee shop ownership, beauty and personal services and just about anything and everything else, has seen more law firms joining the franchise law field.

The recent Franchise Association conference in Hamilton saw over a dozen law firms in attendance. New Zealand is the largest franchise business adopter in the world per capita and there is no sign that the revolution is drawing to a close.

“I’ve never been busier,” Stewart says. “But I have a great team and that makes all the difference in terms of handling new and existing work

Commercial Law Work

The practice handles a range of property and commercial law work apart from its franchising specialty, which has ensured the need to have efficient management systems.

Having well trained professional and support staff who provide the support needed has been a key to the firm’s success, particularly as Stewart Germann travels regularly necessitating a back office team who can ensure work flows are handled efficiently.

He is strong on the need to provide timely, cost effective service to clients, which may sound the type of goal most firms aspire to but some fall short of also.

“I give new clients a complimentary half hour session and strongly believe in providing honest advice, as well as drafting documents that are easily understood.”

His franchise documentation is well known for its robustness and fairness, particularly for franchisees, and he is not reluctant to advise clients to walk away from potential franchises either because of their management and marketing support or simply because their agreements are onerous.

The firm has also collected a raft of franchise and law industry awards.

Last year he had to hire a Queens Counsel to warn off a mid-sized firm that had copied his franchise documentation, resulting in a confidential settlement.

And although he is actively involved in the Franchise Association, which around half the country’s franchisors belong, he sees some degree of government regulation of the industry as inevitable, according to a recent report.

He notes that any regulation should include good faith provisions of the type that he works to ensure are present in client agreements.

Specialist Services

One of the reasons for the satisfaction he derives from the practice is the fact that he has specialised in an interesting – and growing – area of activity. He has in fact ridden the wave of franchise growth, but also contributed strongly through the Franchise Association and elsewhere, to its ethical business development.

He does not handle litigation or family law matters, which gives him the ability to focus on his areas of expertise and to grow those practice areas accordingly

Embracing leading edge technology has permitted him to expand his practice nationally with clients from one end of the country to the other.

This ability for small firms to develop specialist practices nationally is one of the keys to survival for many. Well regarded as a market leader and promoter of the firm’s specialist expertise, Stewart’s reputation as ‘first among equals’ in this critical area of law is widely acknowledged.

So far as trust account matters are concerned, he uses the Accounting Bureau which he praises for their efficiency in handling his trust account matters.

The key, though, is maintaining an interest in both his specialist areas and the law generally.

“You have to maintain your involvement and interest. And give something back, too.

“The more you give the more you get out of this business like most others.”

Vaping vs. The Law – What Can We Do?