E-Cigarettes as Waste and the Need to Regulate "Disposable" Products
Between January 2020 and March 2023, U.S. electronic cigarette sales grew 43%, from 15.6 million devices per month to 22.4 million devices. During this time frame, the portion of sales comprising disposable devices grew from 4 million to 11.9 million per month. The impact upon the environment has been largely overlooked by policymakers. Containing nicotine, batteries and circuitry containing heavy and precious metals, and plastics, e-cigarettes can qualify as hazardous wastes under the Resource Conservation and Recovery Act, and contain hazardous substances for purposes of the Comprehensive Environmental Response, Compensation, and Liability Act. Due to the diffuse nature of this waste, existing regulations have failed to address this issue. This Article details each phase of the issue, painting a realistic image of current regulations around waste management and cleanup, and provides a pathway to responding to this disaster through both state and federal action.