Remember: Smoking E-Cigarettes Inside is Illegal, State Says

Toms River resident Michael Colavito has never been asked to stop smoking electronic cigarettes, otherwise known as e-cigarettes, whenever he’s been in a restaurant or bar. As far as he knew, there would be no reason for that to happen.

However, an amendment to New Jersey’s Smoke-Free Air Act of 2006, passed by then-governor Jon Corzine on Jan. 11, 2010, made it illegal to do just that.

Yes, smoking e-cigarettes inside is illegal. Bill A4227/4228 was the first of its kind in the entire country, and a copy of the legislation is attached to this story.

“The legislation was introduced in 2009 and voted on unanimously,” said Assemblywoman Mary Pat Angelini (R-11), one of the sponsors who helped get the law passed. “Both the Senate and the Assembly voted in favor of the ban.”

Once passed, the State Department of Health and Senior Services was charged with getting the message out via local health departments.

However, many business owners and citizens, such as Colavito, have no idea this law exists. In some cases, businesses that are adhering to the law are losing out to businesses not enforcing the law because they are unaware of its existence.

Ignorance of the law may stem from a misunderstanding of its purpose.

"I don't see why that law does exist," Colavito said. "I don't think it's hurting anyone."

Angelini explains.

“No one knows what’s in e-cigarettes,” Angelini said. “Different manufacturers use different vapors. People think it’s not an issue because they’re not inhaling nicotine, but there might be something in there that’s worse for you than nicotine.”

She said further studies on what is in e-cigarettes need to be done. She also takes issue with the way they are marketed.

“Manufacturers use flavors to entice young people to smoke to try and get them to become addicted to smoking,” said Angelini, who added there is some question as to whether e-cigarettes are addictive.

According to Donna Leusner, Director of Communications for the Department of Health and Senior Services, the department’s Office of Tobacco Control is working on a flyer to distribute to local health departments reminding residents of the law that prohibits e-cigarette use in indoor public places and workplaces, as well as a random survey of tobacco stores concerning the sale of tobacco products to residents under 19 years old. This includes e-cigarettes.

E-cigarettes are made up of a metal tube with a battery that heats and vaporizes a liquid solution that contains nicotine, propylene glycol and other unknown chemicals and products. Smokers breathe in and exhale the resulting vapor.

Proponents of the product point to the fact that there is no secondhand smoke, no smoke smell, no ash, it won’t stain teeth and it is more environmentally friendly as the positive aspects of using e-cigarettes. However, many pro-e-cigarette websites refer to the inhalation of the vapor as “smoking,” which the State of New Jersey referenced in outlawing their use indoors.

“Since the product is 'smoked' and creates a 'smoke' according to e-cigarette websites, e-cigarettes should not be permissible for use in public places and workplaces where smoking is banned,” the Global Advisory for Smokefree Policy (GASP) states on its website.

The product is also not approved by the Food and Drug Administration.

New Jersey isn’t the only place the use of e-cigarettes is banned. The San Francisco International Airport has banned the use of the products at the airport itself.

Military installations and the select counties in the States of Massachusetts, New York, Utah, Kentucky, Georgia, Washington and California all have some type of ban on the use e-cigarettes indoors in place, and a number of other states are considering adoption or expansion of the ban.