Alabama has enacted Senate Bill 9, which renames the state’s existing indoor smoking law as the Vivian Davis Figures Clean Indoor Air Act and expands its protections to include electronic smoking devices and vaping products. The amendments are effective October 1, 2026.
The law significantly broadens Alabama’s restrictions on smoking in indoor public places by treating vaping and similar products in the same manner as traditional tobacco smoking.
Background
Prior to SB 9, Alabama’s clean indoor air law primarily focused on traditional smoking products. SB 9 modernizes the statute by expressly incorporating electronic smoking devices into the law’s prohibitions and protections. The legislation also renames the statute the Vivian Davis Figures Clean Indoor Air Act.
Vaping Added to Indoor Smoking Restrictions
The primary change made by SB 9 is the inclusion of vaping and electronic smoking devices within the scope of Alabama’s indoor smoking restrictions. As a result, locations where smoking is prohibited under the Act generally must also prohibit vaping and the use of covered electronic smoking devices.
The change reflects a growing trend among states and localities to regulate e-cigarettes and vaping products in the same manner as traditional cigarettes for purposes of workplace and public-place smoking restrictions.
Impact on Employers
Employers that already maintain smoke-free workplace policies may need to review those policies to ensure they expressly address:
- Electronic cigarettes;
- Vape pens;
- Electronic nicotine delivery systems; and
- Other covered vaping devices.
Employers operating facilities open to the public should also evaluate signage, employee handbooks, and workplace conduct policies to ensure they reflect the expanded restrictions.
Industries Most Affected
The law is particularly relevant for:
- Employers operating indoor workplaces;
- Restaurants, bars, and hospitality businesses;
- Retail establishments;
- Healthcare facilities;
- Public accommodations; and
- Businesses with existing smoke-free workplace policies.
Employer Takeaway
Alabama employers should review workplace smoking policies and any posted notices to confirm they address vaping and electronic smoking devices. Organizations that previously prohibited only traditional smoking may need to revise policies, employee communications, and enforcement procedures to align with the expanded requirements of the Vivian Davis Figures Clean Indoor Air Act.