In case you didn't know, New York has banned smoking in most public places. After a vaper was cited for vaping on a subway platform, he took the issue to court.
New York considers smoking “the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco”.
“An electronic cigarette neither burns nor contains tobacco,” the court noted. “Instead, the use of such a device, which is commonly referred to as ‘vaping,’ involves the inhalation of vaporized e-cigarette liquid consisting of water, nicotine, a base of propylene glycol or vegetable glycerin and occasionally, flavoring.”
So for now, a small victory for vaping. It's worth pointing out after this verdict politicians in NY will likely try and rewrite the law to include vape products.
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