In late 2010, an appeals court ruled in Sottera, Inc. v. Food and Drug Administration (FDA) that the FDA can regulate electronic cigarettes as a tobacco product only, not as a drug device. Some speculate that the number of e-cigarette users will dramatically increase because treating the devices as tobacco products makes it easier to import and distribute them. Plus, users often think of e-cigarettes as smoking cessation devices.
Employers are routinely urged to take their policy cues from state laws, but the majority of states are currently silent on e-cigarettes. One exception: New Jersey, which explicitly bans the use of electronic smoking devices in the workplace. That doesn't mean that employers are defenseless against electronic cigarettes. Nothing prevents an employer from incorporating electronic smoking devices into an existing smoking policy. Best bet: Restrict the use of e-cigarettes in the same ...(register to read more)