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Is it Legal for a Restaurant to Ban E-Cigarettes?

Feb 27, 2019 | Defective Product


The use of e-cigarettes and vaporizes is widespread throughout the country. In fact, wherever you look, it can be hard not to find someone puffing from a device that releases nicotine in the form of vapor. With their huge popularity, it may be hard to fathom that e-cigs were only first introduced for sale in the United States in 2007—just a little over a decade for their popularity to increase throughout every state.

Due to their quick increase in popularity, the FDA was unable to keep up with demand and for a while, e-cigs were released and sold without any guidelines or regulations attached to them. Because of this, many people are suffering from intense injuries and even death after using e-cigs and vapes that had faulty batteries and bad equipment. As more and more people were injured or dying from the use of e-cigs, states began to realize the need for more regulation.

Just a few years ago, a decade after the e-cigs were released, states began enacting laws that banned or limited the use of e-cigs in certain places. Across the world, the regulation on e-cigs vary. Some countries and states within the U.S. have banned devices entirely, while others have limited them or introduced no regulations at all. In 2016, we saw the first widespread regulation when the use of e-cigs were banned on airplanes in the United States. That same year, the FDA mandated that e-cigs be regulated the same as all other Tabaco products.

Still, though, it is up to each state to determine their laws regarding vaping and e-cigarettes. Here in Indiana, Indianapolis has banned all enclosed workplaces from using e-cigarettes. This includes bars and restaurants, so yes, it is legal for a restaurant to tell you to leave if you are using one of these devices or to ban them from use entirely while in their place of business. Similarly, in Greenwood, there has been a ban on e-cigs in all enclosed workplaces, but this does not include bars and restaurants, so you can smoke your device if in that area.

Other areas of Indiana do not have regulations set in terms of smoking e-cigs, but they do regulate the way they are marketed and sold. Throughout the state, the sale of any type of e-cig is illegal to anyone under 18 and a company must have a license and permit before selling any type of e-cigarette. As of now, there is no special tax on e-cigs in Indiana.

But, just because there are little to no regulations in the state for e-cigs does not mean that those injured by the devices do not have grounds to file a lawsuit against the manufactures who make them. E-cigs pose a great risk of injury due to devices often overheating and exploding in hands, pockets and mouths. E-cig users have reported second and third-degree burns, loss of limbs and even death after using an e-cigarette or vape.

If you have been injured or a loved one has died because of an e-cigarette, you deserve to be compensated. At Stewart & Stewart, we know what it takes to get our clients the money they deserve after using a defective or unsafe product, and we will work hard to get that for you. For more information, give us a call at 1-800-33-33-LAW or visit our website today.

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