It's official - vaping is not smoking
We’ve all known it for years, but with every scoff in public or openly scathing vaping news article, it’s clear that many people still believe that vaping is more or less the same as smoking a traditional combustible cigarette.
Fortunately, those who have done their research or talked to experienced vapers know the difference. As well as this, a New York court as also recently ruled that vaping is legally and officially not smoking.
The case came about after Shawn Thomas, a New York City resident, was arrested for vaping on a subway platform. The state law reads “smoking shall not be permitted and no person shall smoke in the following indoor areas:… means of public transportation”. The use of electronic cigarettes is banned in public places in the city as part of the Smoke Free Air Act, but it is not a state law.
Therefore, Shawn was able to take his case to court to fight the charges, which is where a judge ruled in his favour by agreeing that vaping is not the same as “smoking” as outlined in the state law.
Even though this is largely common knowledge for many, it may make a dramatic difference to future rules and regulations in the industry, as many laws currently group vaping in with smoking.
This could be good news for those waiting for the Food and Drug Administration ruling on proposed electronic cigarette laws. In 2011, the FDA announced that it would treat vaping products like tobacco products, and after years of proposals and planning, a decision is soon expected on just how the organisation will regulate vaping products.
Currently, concern over the new regulations surrounds a grandfathering date that would essentially put a large portion of the market out of business. While it’s unlikely the ‘vaping is not smoking’ court ruling will influence that proposal, it may be a step towards greater acceptance of vaping by officials and law influencers.