People often mistake vaping to smoking, I still feel that we haven’t yet managed to promote vaping enough so that people understand that the two (vaping and smoking) cannot be used interchangeably. It will take a bit of time to get there and for more people to see vaping devices to truly understand that what is coming out of a vaping device is not smoke. A recent event has brought things into court, a vaper was cited for using a vaping device on a subway platform. A New York judge has ruled the fact that vaping is not smoking, New York Law defines smoking as “the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco”, this excludes vaping devices.
The court pointed out the fact that “an electronic cigarette neither burns nor contains tobacco” and that “Instead, the use of such a device, which is commonly referred to as ‘vaping,’ involves the inhalation of vaporized e-cigarette liquid consisting of water, nicotine, a base of propylene glycol or vegetable glycerin and occasionally, flavoring.”
In this case the State has argued the fact that the ban on vaping should be understood and there was no need for specific prohibition on vaping devices due to the fact that the courts of New York have yet to make a determination as to whether electronic cigarettes are to be viewed any differently under these sections than tobacco cigarettes.”.
The judge has ruled the fact that this argument is invalid due to the fact that vaping devices do not match with the State’s definition of smoking and cannot be treated as tobacco products if they do not contain tobacco.