I have a ? and I really don't know where to ask it. Didn't the Appellate court rule that the e-cig can be regulated as a tobacco product? If so then that changes the whole NY ban proposal I would think.
S 1399-MM-1. PROHIBITION OF PRODUCTS NOT DEFINED AS tobacco PRODUCTS
OR APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. 1.
PRODUCTS CONTAINING OR DELIVERING NICOTINE INTENDED OR EXPECTED FOR
HUMAN CONSUMPTION THAT ARE NOT tobacco PRODUCTS, AS DEFINED IN SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE, SHALL NOT BE DISTRIB
UTED OR SOLD UNLESS SUCH PRODUCTS HAVE BEEN APPROVED BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION FOR SALE AS TOBACCO USE CESSATION OR
HARM REDUCTION PRODUCTS OR FOR OTHER MEDICAL PURPOSES AND ARE BEING
MARKETED AND SOLD SOLELY FOR THAT APPROVED PURPOSE.
2. IN ADDITION TO ENFORCEMENT ACTIONS AUTHORIZED IN SECTION THIRTEEN
HUNDRED NINETY-NINE-EE OF THIS ARTICLE, THE ATTORNEY GENERAL MAY APPLY
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK ON FIVE DAYS NOTICE,
FOR AN ORDER COMPELLING COMPLIANCE WITH THIS SECTION. IN ANY SUCH
PROCEEDING THE COURT MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION.
If the court ruled that they are tobacco products and can be regulated as such, wouldn't that make this null and void?
The problem is that they are not accepting the Federal definition of tobacco product. They are specifying as defined in the State law:
...THAT ARE NOT TOBACCO PRODUCTS, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE