I'm not Yiddle, but I would suggest you find someone who lives near you at the NYC members forum....Originally Posted by 602323
NYC Vapers Club
Or find a vendor near you, who could give you instructions....
VaporSearchUSA
Cigarettes weren't banned from sale in NY. They were banned from sale on the internet in NY. They could do that with e-cigs, but that's not the same thing as a ban.
The current bill can be done only insofar as the FDA has not yet ruled e-cigs tobacco products. The courts have already ruled that they are, so it's questionable whether it would hold up even prior to any FDA ruling. But an FDA ruling that they are tobacco products would overrule the NY law with respect to any way they were treated any differently than cigarettes.
All this was part of the big master settlement agreement with the tobacco companies years ago. Part of the deal was that tobacco products, (not restricted to cigarettes), could never be subject to a ban or laws that created a "de-facto" ban. By "de-facto" ban, they meant rules that would, for example, restrict the nicotine content to a level below some specified amount, or require cigs be non-combustible or something like that. Part of the agreement with the states was that, in return for billions of dollars, states would also agree not to ban, either explicitly or "de-facto", tobacco products. The whole agreement was made to avoid billions in lawsuits that the states were threatening to bring against the tobacco companies. It covered tobacco products, both present and future and not limited to cigarettes.
The Senate rules committee is aware of all this. They don't care. They'll do what they want to make their point and if it's challenged in court or over-ridden by federal law, they've made their point and earned their chops with their paymasters. Politicians do this all the time. They pass laws all the time that they know full well are not legally defensible.
When they quit thinking a PV is an electric cigarette, they'll quit treating us like smokers and calling vapor smoke. Best not to vape what looks like a cig. or use the word e-cigarette among the uninitiated. Vaporizers are "e-cigarettes" like electric toothbrushes are e-carrots.
This would in essence keep me from being able to go to my vendors of choice though. What they did with cigarettes is prevent any vendor within NY from selling online, and prevent any online vendor from selling to anyone in NY. So, my vendors in OH and PA would be unable to sell to me or anyone else in the state. That's where my main concern is. How they would go about classifying the things when we're talking about a battery, and a juice delivery system is another story. Do they ban batteries? What about tanks? How do they keep anyone from making juice when I can buy PG and VG at the drug store?
There are a lot of questions, but even if they are grandstanding, they need to know that some of us can and will be very vocal about it.
Tis mine preciousssss, you can't takes it!
See, that's the thing. They can't. They might be stupid enough not to know it, or they might know it and that's o.k. because they are grandstanding. I'm sure when you say e-cig to them, the picture on the FDA site comes to mind and that's their total perception of it. It looks like a cigarette and there's an LED in the end. Even the definition they have written into the law wouldn't cover any of the individual components. So, Smokelessimage wouldn't be able to ship to NY. Except they could probably ship the X2 battery. Put an LED in a vision clearomizer and it's a flashlight. Duh!
But don't let up on them. Call them out on their idiocy. It may very well deter them from attempting to actually impose an effective ban in the future. But pols will always propose stupid, illegal, unenforceable and indefensible laws. That's what they do. Thousands of lawyers would be unemployed if they didn't.
Last edited by sailorman; 06-20-2012 at 08:38 AM.
When they quit thinking a PV is an electric cigarette, they'll quit treating us like smokers and calling vapor smoke. Best not to vape what looks like a cig. or use the word e-cigarette among the uninitiated. Vaporizers are "e-cigarettes" like electric toothbrushes are e-carrots.
Unfortunately also here (far away Israel) the politicians go hand by hand with the industry
funny, how they state a singular incident of an e-cig explosion, but you don't see laws passing for people that light smokes that have cherry bombs stuffed in them.
Maybe we should propose a ban on stupidity instead. How many more people have explosions every Thanksgiving trying to deep fry a turkey than in the years since e-cigs came out? Seriously ridiculous!!!!
Tis mine preciousssss, you can't takes it!
YAY! Our posts finally showed up!!
This better not be passed. If it is who knows where it will end.
bumping this up
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