QUESTION

I use e-cigarettes (i.e., vape). Is that considered tobacco use and do I have to report that I use tobacco when I sign up for coverage?

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ANSWER

Yes, the Food and Drug Administration (FDA) includes e-cigarettes under the definition of tobacco. (21 C.F.R. § 1140.3; “Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act,” (May 10, 2016).)

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