New Jersey Bill to Ban “E-Cigarettes” Use in Public Passes another Hurdle

New Jersey is eager to become the first American state to implement a ban on public use of electronic e-cigssmoking devises.

A regulation to prohibit the usage of electronic cigarettes was unanimously adopted by six members of the NJ Senate Health Committee.

In conformity with the bill, the definition of the term “smoking process” would be expanded to cover the usage of e-cigs. Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled. This amendment would permit to include the usage of electronic smoking devises and its sales to adolescents in the list of activities prohibited under the NJ Smoke Free Air Act.

The ordinance was introduced by Democratic senators Joseph Vitale and Robert Gordon.
According to Sen. Gordon electronic cigarettes are devices made from stainless steel to resemble traditional cigarettes. The devices even have an amber tip and contain liquid nicotine solution, although many e-cig marketers allege that their devises are nicotine-free. When a user inhales it, a battery-operated sensor turns on heating mechanism that heats and delivers nicotine solution to the mouthpiece.

The solution can also contain a flavoring agent, varying from chocolate to mint and fruit that can be inhaled with nicotine vapor. A specialized lamp at the tip of device mimics the burning tip of cigarettes. The device is operated by a common lithium-ion battery.

Sen. Vitale said that the battery heats the nicotine solution that also contains diethylene glycol and delivers the solution to a user when he inhales it. Scientists acknowledge that propylene and diethylene glycol, which are components of antifreeze liquid, form the vapor that a user exhales to produce a mist simulating tobacco smoke.
In conformity with a recent declaration by Health Canada, the Canadian government agency that regulates drugs and other public health therapies, propylene glycol can cause internal irritations when inhaled.

Under the NJ Smoke Free Air Act usage of cigarettes, cigars, other tobacco products or any product that can be smoked is prohibited in all public places, including office centers and restaurants.

The author of the bill said that it would regulate electronic smoking devises as the new methods of nicotine delivery, thus the use of such devises in public would be banned.

The U.S. Food and Drug Administration has halted the shipments of electronic cigarettes into the country since the devises were not previously tested and approved for human use by the FDA. Nevertheless, the e-cigs have reached the target US audience, as they are commonly sold in kiosks and in online stores.
If the bill is approved by the full Senate, it would penalize any individual caught on using electronic cigarettes in any public place. The offenders would be fined $250 for the first violation, $500, and the fine would rise to $1,000 for every subsequent violation.

Congressman Frank Lautenberg has urged the FDA to ban sales of electronic cigarettes across the country, with his appeal being backed by various public health organizations, including the American Cancer Society, the American Heart Association, an others.

83 Responses to New Jersey Bill to Ban “E-Cigarettes” Use in Public Passes another Hurdle

  1. This is funny. Inhalers for asthma are now illegal. It is illegal to be a toll collector because they are breating in the fumes from car exhaust. So they will have to ticket all toll collectors. Not to mention Gas Station attndants who breathe in exhaust from cars. What about Cops who pull over cars. They are breathing in and out car fumes. Are they going to ticket themselves? any other substance or vapor that can be inhaled and exhaled. Yes that means car fumes, Asthma Inhalers, Humidifiers, and exhaust from factories. Man what a state.

  2. “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.”

    You mean like air?

  3. So now an asthmatic adolescent can’t use his nebulizer? “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.

  4. So, any vapor that can be inhaled/exhaled, yeah?

    How long until we start asthmatics being arrested for their inhalers?

  5. “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.”

    A quick search at http://www.njleg.state.nj.us/bills/BillsBySubject.asp didn’t find anything quite like that, though I could have missed something. I hope the article’s wrong on that part, since, y’know, AIR is one of many substances that can be inhaled and exhaled. If devices to permit that were outlawed, bye-bye scuba, medical oxygen, asthma inhalers, balloons (after all, kids do inhale helium from balloons to sound squeaky), etc.

  6. Any vapor that can be inhaled or exhaled? Seriously guys, water vapor is constantly in the air. Are we not allowed to breathe anymore. I’m not a smoker, but even I know this is ridiculous.

  7. Propylene Glycol is the “safe” car antifreeze and also used to antifreeze the potable water systems when storing RVs and even house.

    But since air meets the description of “any other substance or vapor that can be inhaled and exhaled,” I’ll guess I’ll have to go to NY to breathe.

  8. “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.”

    Uh, yeah. Oxygen and nitrogen are “other substances” so they’re basically banning breathing in public. I invite the sponsors of the bill to go first. If they need help, I have some plastic bags they can put their heads into.

  9. “or any other substance or vapor that can be inhaled and exhaled” - Does air count?

  10. Captain Obvious

    The definition of smoke must now be expanded to include propylene glycol, glycerin and water vapor. Why yes, I am calling the police if I see you exhaling outside when it’s below 50.

  11. Last I checked regular air would be “any other substance or vapor that can be inhaled and exhaled”…

    Will this great law also end the offensive practice of people breathing? Nothing makes me more unhappy than going to a restaurant and trying to enjoy a nice meal with people breathing around me. Have some respect and take it outside, Gosh!

  12. “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.” - And this does not include air… how exactly?

  13. This is the stupidest thing ever. The actual workings of an e-cig and its components and the content of the e-juice are pure bs with apparently no research done.

    Oh and fun bonus fact, the Judge on the FDA’s little import ban was shot down by the circuit court judge and all materials being held were ordered released.

    Reporter should prob go back to journalism story and learn how to do a little fact checking before they decide to produce another crap-tacular innaccurate article.

  14. “any other substance or vapor that can be inhaled and exhaled”

    That wouldn’t by any chance include air, would it?

  15. I’d like to read the exact language of the bill. Per this article, breathing would be illegal,

  16. FTA “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.”

    So….. what about oxygen? Can they still do that stuff?

  17. Well at least it’s good to know that all crime in NJ has been eliminated freeing up enough time for the authorities to focus on the really important things like electronic cigarettes.

  18. Since I can inhale and exhale oxygen and carbon dioxide, does that mean it will be illegal for me to breathe while in these “no smoking” areas?

  19. the term “smoking process” would be expanded to cover the usage of e-cigs. Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.

    THAT DEFINITION WOULD APPLY TO BREATHING AIR!

  20. This is ludicrous. There is no diethylene glycol in the e-liquid. 1 small sample tested by the FDA found a trace amount. The base liquid is typically propylene glycol and/or vegetable glycerin. Both of which are accepted as safe by the FDA. Why dont these politicians do a little research before they jump to conclusions and write these bills. The e-cigarette is helping people, but all they can worry about is their own personal interests. I quit smoking traditional cigarettes with the e-cigarette after 24 years!

  21. Joseph Medford

    Wow, one of the most frightening things is the broad definition of smoking. Oxygen and air are both “substances that can be both inhaled an exhaled”. On a stretch, SCUBA, nebulizers, oxygen tents, snorkels, Firemens’SCBAs, and other devices that let you breathe, all fall under the scope of this wording. I wonder if they would try to regulate the public use of eucalyptus and hot water under a towel?

  22. \”Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.\”

    Based on the last part of that sentence, I think NJ are on their way to make breathing O2 (Pretty sure its a vapor that can be inhaled and exhaled) illegal…that\’s really going to limit the people that can re-elect these yahoos.

  23. the indoor smoking bans are to stop second hand smoke, not smoking. if there’s no smoke… how can they justify banning it? it has NO effect on anyone but the “smoker” … so now it’s not protecting, it’s nanny-ing. thanks for nothing, jerks.

  24. Well, I guess that whole breathing thing is overrated anyways…..

    “any other substance or vapor that can be inhaled and exhaled”

    They just banned oxygen, by the letter of the law.

  25. “Smoking would be defined as any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled.”

    So BREATHING IN AIR is smoking?

  26. Ron:
    Propylene glycol is a very common food additive and is used as a “non-toxic” antifreeze in places like plumbing, where you probably don’t want toxic chemicals for obvious reasons.
    Ethylene glycol is the anti-freeze used in cars and is quite toxic.
    This kind of confusion (stopping at the word glycol) is part of the reason unreasonable laws such as these are passed.
    And in fact, even the claim of propylene glycol being an irritant could be bypassed considering the fact that vegetable glycerine is also useable, if not as good as propylene glycol.
    And that’s all disregarding the fact that no matter how you slice it, this is a case of the state declaring that if we smoke, we should smoke cigarettes that are obviously more harmful than e-cigs which might have some mild health issues.

  27. It’s spelled “devices” with a “c” - not “devises!”

  28. Smoking would be defined as … or any other substance or vapor that can be inhaled and exhaled.

    Air’s a substance that can be inhaled and exhaled. I hope if this passes that some NJ cop who misses his e-cigs arrests these senators for breathing.

  29. I would be great if one of these E-Cigarette company’s came up with a herbal oils for lung support that taste good. Or perhaps a whole line with various benefits. Delivering vitamins, mineral, colloidal silver, or even medications that are normally delivered by a nebulizer.

  30. Lee, a Vaper!

    Six members of the NJ Senate Health
    Committee.

    WTF! These people are nothing but Clowns. The only thing missing is the makeup!

  31. New Jersey was eager to become the first American state to take action to discourage smoking abstinence. They succeeded. Untold numbers of former smokers who owe their status to the devices contacted the members of the Senate Health Committee. But the committee members in effect stuck their fingers in their ears and sang “La, la, la, la, la.” That way, the committee members could pretend they did not know that the FDA-approved products work only 10% of the time, and that electronic cigarettes work completely for 79% of users and help another 17% to significnatly reduce the number of cigarettes smoked. By sending the electronic cigarette users outside to stand in the smoke, they encourage them to go back to smoking real cigarettes, and discourage continuing smokers from giving the devices a try.

  32. Home of the free… Not anymore, the government is killing us… Is this the USA or the USSR???? Government, step back… We aren’t kids, we have our own brains.

  33. deborah kendall

    I noticed something different the other day while vaping. I had the shades open, and super bright sunshine was streaming through the windows into the room. This illuminated the vape more than ever before, and was surprised to see how long the vapor lasted, and how far it traveled in the room. I mean it reminded me of cigarette smoke! In any lesser light, you’ll never see this, and vapor seems to dissapear in seconds, but this told me a different story. So even if its minimal, I’m wondering if others are in more contact with what we vape than we think …

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