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

  1. This law is bull and is overreaching. The legislators are succumbing to tobacco lobbyists. And there will be unintended consequences like making asthma inhalers illegal!

  2. great another thing we cant do….anyone remember that movie demolition man with Silvester Stallone, when the people lived in the sewers , well guess what guys pretty soon if u wanna smoke, drink, think ,or talk thats were we will all be. food for thought!

  3. Sorry, had to chuckle a bit at Billy’s comment…but very true. E-cigarettes are a great alternative to smoking, both for the smoker and the people around them so these bans, as Steve mentioned, seem overreached. Thanks for sharing this article.

  4. Wow, the citizens of NJ sure are eager to throw their rights away or let it happen if this passes. The FDA is firmly in the big tobacco corner with all the millions of dollars they throw and congressmen and senators ensures their domination over your choices. When will people wake up and realize that this system we have is total BS and not natural. Where the few dictate to the many and profit at the masses expense. I can’t wait until this crap collapses.

  5. This just proves what many people have already guessed about the backers of extreme anti-tobacco laws in this country. It isn’t about the smoker’s health, nor is it about the public’s general health – it’s pure fanaticism, lacking any logic.
    When the government dictated last September that warning labels have to be increased to cover half of the package, does anyone really think that was because people just didn’t notice the warning already on it, as well as the thousands upon thousands of times they personally have heard about the dangers? No, it’s just an unquenchable hatred for something they didn’t come to hate out of reason – they just chose to hate it for the sake of hating something.
    That isn’t exactly worth destroying basic rights over.

  6. “If people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny.” – Thomas Jefferson

  7. Tsk, tsk, check your facts. Diethylene glycol is NOT normally a part of the vapor in ecigs by any stretch. Propylene glycol is usually a component of the vapor but is deemed safe by the FDA and is used in many products from gummie candies to lotions to medicines, including many injections and inhalers. The FDA supposedly found a trace amount of diethylene glycol in one sample of all the samples tested. (It’s not unusual to find occasional trace amounts of chemicals in many products.)
    As for Propylene Glycol being an ingredient in antifreeze… if so, it’s certainly not a harmful ingredient. WATER is also an ingredient in many potentially harmful products. That doesn’t make water harmful.
    The vapor produced by ecigs is mostly water vapor and is NOT harmful. Period.
    The problem the FDA/Fed govt. has with ecigs, in my opinion, is that they’re losing all those tobacco tax revenues in addition to getting pressured by the tobacco companies and pharmaceutical companies selling very expensive nicotine replacement therapies that, BTW, have only about a 7% success rate… Money & power, Power & money.

  8. i cant understand why this must be happen. i am an e smoker and i have to say that i qui smoking because of the e cigarette. it really helped me, also it doesn’t hurt me at all! i’m against to that desicion

  9. “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.”
    Does this include exhaling during the winter when the water vapor from the lungs is visible? Everyone will have to hold their breath when they walk outside.

  10. “…or any other substance or vapor that can be inhaled and exhaled.” On a foggy day EVERYONE becomes a criminal, just for breathing. The criminalization of everything marches on.

  11. Actually, they are criminalizing the very act of breathing. What idiots, vote them out next time, PLEASE!!

  12. So they’re making it illegal to inhale/exhale nitrous too? What about air? Is that illegal now?

  13. The most troubling part of this article is found in the opening paragraph, with the sought-after redefinition of “smoking” as “any process of inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled”. Any other substance or vapor that can be inhaled or exhaled? What an incredibly insane case of overreaching. Steve McCleen, in an earlier comment, brought up inhalers, and while inhalers would definitely fall under the broad definition of smoking, there are many other “substances or vapors” that could be qualified as smoking, such as a water-filled humidifier, nasal sprays, helium from a balloon, and an essential part of everyone’s daily existence, oxygen.
    While these are all extremely extreme cases, and I am not suggesting that New Jersey lawmakers would attempt to outlaw humidifiers or helium-filled balloons, I am wary of any proposed legislation changes that can be interpreted so loosely is inherently problematic, at the very best.

  14. hahaha really new jersey? “any other substance or vapor that can be inhaled and exhaled” = oxygen, as well. Talk about dumb.

  15. “or any other substance or vapor that can be inhaled and exhaled” covers oxygen. Good job. You just asphyxiated the state.

  16. “any other substance or vapor that can be inhaled and exhaled” This would make it impossible to be inforced. Everyone in the court would be in violation, since they would be inhaling a substance (AIR)!!!

  17. Excellent. Gods help you if you have an asthma attack in a public place- this effectively makes you inhaling and exhaling the VAPOR from your INHALER defined as “smoking” it, and therefore illegal.

  18. “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.”
    Gee – you mean like, oh, maybe air?

  19. “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.”
    Any substance that can be inhaled? As far as I’m aware, oxygen is a substance, and it can be inhaled. I must congratulate the New Jersey senate on their attempt to ban breathing in public places.

  20. I’m a non smoker.
    Smoking was stopped in public places because he right of people not to smoke overrode the right of an individual to smoke.
    ..So why the hell are they stopping these? If smokers smoke these instead of regular cigs, isn’t that achieving what we wanted?
    Seems crazy ….

  21. @marina, it is happening because of money. Nothing to do with the health of the American people, just money. If it wasn’t so sad, it would be laughable that such blatant mis-information can be propagated by people that are meant to be looking out for your best interests.

  22. Wow this is poorly worded…. “or any other substance or vapor that can be inhaled and exhaled.” – so does this mean I can no longer carry my life-saving asthma inhaler with me? or people with emphazima and oxygen tanks can no longer go out? Way to go lawmakers, not thinking things through again.
    Hell… with the air quality in Jersey, this would make Jersey illegal! lol.

  23. I hope that’s not the phrasing of the actual bill, that the inhalation and exhalation of *any* substance is outlawed if done in public. If it is, New Jersey just made breathing illegal.

  24. this is a bill.
    it has to be voted on.
    does our health legislature ban things that haven’t been proven dangerous? i bet they do if they can’t find a way to tax the users HUGELY in the end….
    besides … it took years to ban tobacco even after it WAS proven dangerous.
    additionally – why can’t an man make his choice on his method of happy, so long as it provably harms no other?
    this is so stupid. this should be, as ALL laws through the whole country (sadly not the cas) – should be voted on by the people and not an electoral collage or by group that “represent” the people.
    our country is so effed in the A … we let a group of bias a holes line their wallet to force more money out of us so that we can pursue the happiness the our constitution gives as a right to pursue.
    Effed in the A.

  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 much for breathing.

  26. Congrats….now if you stand on the side of the road and breathe in the fumes from passing cars (and of course exhale most of it back out) you are a smoker.
    “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.
    When they finish banning smoking for good I wonder what they will target next?

  27. Bans “or any other substance or vapor that can be inhaled and exhaled”.
    It could be argued that oxygen is such a vapor.
    So now in New Jersey it is illegal to breath?
    Maybe that is a good thing not to do in New Jersey now that I think about it.

  28. What!!??? Something retarded out of NJ!!?? It just can’t be true. Hey… do you idiots realize that oxygen meets your definition?

  29. “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”
    Um. Is this just me, or does it make this sound like BREATHING will become technically against the law?
    Pretty sure I inhale and exhale air and it has water vapor.

  30. My thoughts on smoking are simple. Smoking is a legal activity, and should be treated as such. The smell of greasy, underwear staining, flatulence offends my olfactory senses far more than the vapor of an e-cig. I have been thrown into a fit of teary eyed gagging by somebodies poor diet, while an e-cig has yet to invoke such a response. The amount of time and money spent on chasing the smokers away could have been better spent on finding ways to better ventilate the areas in question. Cowering in a corner, to partake in a legal act, is silly. And turning law abiding citizens into criminals is a slope so slippery it should scare everyone.

  31. “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.”
    By definition this make “asthma” sufferers that use nebulizer treatments smokers now, will they be permitted to do their treatments in hotels?
    I guess my 2 year old can’t do his nebulizer treatments anymore in NJ. I will have to tell his mother he is already “Smoking” at an early age.

  32. “inhaling tobacco and exhaling smoke, or any other substance or vapor that can be inhaled and exhaled”
    Aww shucks, there goes my ability to legally breathe air.

  33. “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?

  34. Propelyne glycol is a dangerous substance. BUT, it is also commonly found in many products, as stated. I go out of my way to avoid it in food and health and beauty products, and this is difficult even among the “natural” products to do. To single it out as dangerous in e-cigs but not in deodorant just seems stupid.

  35. This is about power and control, not a health hazard. The E-Cigs are the cleanest thing in Joisey….

  36. So let’s ban the safe alternative to smoking for people who can’t seem to quit. Why? The only reason I can see for this is that the tobacco lobbyists are leaning on these legislators.

  37. so NJ just banned Breathing as quoted in the story “or any other substance or vapor that can be inhaled and exhaled”
    so all the people of NJ just have to stop breathing. So guess that takes care of Jersy good riddence

  38. Newsflash: Nebulizer treatments outlawed in New Jersey Hospitals by New Jersey Smoke Free Air Act. Bravo.

  39. Gonna be pretty interesting on a cold day when exhaling plain old air makes vapor JUST like that exhaled by an e-cigarette.
    Liberal nannies will never rest until they force everyone else to act exactly as they say.
    And of course, not as they themselves do.

  40. so when i exhale in the winter and “vapor” comes out, how long do i have until i’m arrested?

  41. So they’re going to ban the inhalation and exhalation of any vapor? I wonder how we’re all going to survive in NJ as water vapor is not an insignificant part of the air we breathe. This will be particularly frustrating in the winter when exhaled water vapor becomes visible in the cold air…

  42. Correct me if I’m wrong, but isn’t air a vapor that can be inhaled or exhaled? So they are now making it illegal to breathe. That meshes nicely with Obamacare.

  43. Perhaps the legislators and the person that wrote this article should actually do some research. While the FDA interpretation of the study results are skewed at best and outright lies at worst. There are accurate independent studies out there that indicate that the use of e-cigarettes is much safer then the use of tobacco cigarettes and does not contain smoke, therefore is not a danger in the way that secondhand smoke is. No, I am not a retailer. I am a person who gave up tobacco cigarettes after a thirty year habit using e-cigarettes. I no longer need asthma medication in addition to a myrid list of other health improvements. The only reason to ban e-cigarettes is because they are afraid of the tax dollars that will be lost when smokers switch to this safer alternative. For all the screaming about how the government wants everyone to quit smoking, they don’t. Bottom line is they value their money much more than anyones life.

  44. Ya gatta be freakin kiddin me: Jersey, the biggest inhabited toxic waste site outside of Chernobyl? Jeez. According to the EPA now carbon dioxide (the stuff you breath out and trees breath in) is an environmental hazard. So Jersey get with the environmental and STOP FREAKING BREATHING!!!

  45. “or any other substance or vapor that can be inhaled and exhaled.” Good job F#cktards, how about people with aerosol asthma inhalers? Joseph Vitale and Robert Gordon obviously failed highschool and had to go into politics, look at how well these two genius’ have done! 😉

  46. 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.

  47. “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?

  48. 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.

  49. So, any vapor that can be inhaled/exhaled, yeah?
    How long until we start asthmatics being arrested for their inhalers?

  50. “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.

  51. 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.

  52. 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.

  53. “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.

  54. 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.

  55. 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!

  56. “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?

  57. 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.

  58. “any other substance or vapor that can be inhaled and exhaled”
    That wouldn’t by any chance include air, would it?

  59. 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?

  60. 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.

  61. 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?

  62. 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!

  63. 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!

  64. 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?

  65. \”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.

  66. 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.

  67. 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.

  68. “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?

  69. 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.

  70. 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.

  71. 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.

  72. Six members of the NJ Senate Health
    Committee.
    WTF! These people are nothing but Clowns. The only thing missing is the makeup!

  73. 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.

  74. 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.

  75. 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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