Court Ruling: States Vaping is Not Smoking

April 29, 2022 3 min read

Almost about two months ago, a New York state court ruled that electronic cigarettes are not subjected to New York state’s prohibition on smoking combustible tobacco in public places anymore. This is the first legal statement by the U.S government that distinguishes tobacco smoking from vaping and surely a huge victory for all the vaping enthusiasts in the state nonetheless. New rules and regulations to be implemented by the federal governing body are also on the way but a clear-cut ruling that states the difference between regular cigarettes and e-cigs is still a huge win for all the vapers around the world, especially, a vaping cause of celebration for all the e-cig users from the New York state.

New York State’s Judge Rules Vaping is Not Smoking

A guy named Shawn Thomas was arrest by the New York City police because of vaping at a subway station while he was waiting for the train. The officials noticed him vaping at the station and demanded arrest because of the violation of New York State’s ban on public smoking. Although, vaping or usage of e-cigs is not allowed at all the places where tobacco smoking is prohibited under “Smoke Free Air Act” of New York City but as the police officials had arrested Thomas under the violation of New York State law that doesn’t say anything about e-cig usage that allowed Thomas to trial his citation in front of the New York city Court.

The governing judge stated that the New York law reads “the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.” The fact that the electronic cigarettes don’t involve the burning of tobacco or any such related product led the judge to pass the ruling that vaping or e-cig usage “does not fit within the definition of ‘smoking’ under the law.”

The ruling didn’t have any effect on the lawmakers in New York and they are currently working on an amendment to include vaping in the anti-smoking ban as well. The first amendment in the New York City law was made in 2013 that banned vaping in public spaces by adding a couple of more words in the pre-exciting regulations. Still, it is more than enough for now that the governments are starting to recognize vaping as a different activity in comparison to smoking. Moreover, the citizens of New York are still allowed to vape wherever and whenever they want unless the place doesn’t allow smoking either or a public spot where vaping is specifically prohibited. Lawmakers from other jurisdictions are also thinking about introducing completely separate rules and regulations for vaping.

Dissimilarities Between Smoking and Vaping

For people who’ve been vaping for a long time, above mentioned ruling is something they had seen coming but for people who have no idea about how vaping is different from tobacco smoking, the main difference is that electronic cigarettes or vaporizers are tobacco free and so is the e-liquid/e-juice used in these vaping devices. E-liquids used in e-cigs and provide a specific vaping flavor usually contain propylene glycol, glycerin and varying amounts of nicotine. Unlike regular tobacco cigarettes, e-cigs and vaporizers function by warming up the e-liquid/e-juice that produces vapors that look a lot like tobacco smoke but doesn’t include hundreds of dangerous chemical that make direct and passive smoking potentially dangerous. A lot of research back-ups the fact that e-cig usage is 95% safer than smoking regular tobacco cigarettes and offers no passive inhaling threats either. Even a research has claimed that inhaling e-cig vapors are actually as safe to inhale as breathing air but we think in comparison to the seriously polluted New York City’s air, passive vaping might be even safer than breathing regular air.

Do you think its about time we woke up in the UK?