Thursday, August 26, 2010

E-Cigarettes

We live in an electronic world – so much so that doing things manually is increasingly becoming less and less the standard. We converse through email or instant messaging, conduct meetings via video conferencing, and cast our votes in a machine.

Apparently, even smoking has jumped in on the bandwagon. Technology has introduced yet another addition to the mix: electronic cigarettes. They look and apparently taste like tobacco cigarettes, and are used in the same way -- the LED top even lights up when inhaled. When exhaled, a vapor-like substance is emitted, simulating smoke. Thus, unlike the regular tobacco stick, there is no unpleasant cigarette smoke that will stick to the hair, clothes or fingers. No ashes too. Harmful effects attributed to second-hand smoke are likewise avoided. Also, the e-cigarette consists of a cartridge, an atomization chamber, and lithium battery[1], instead of the usual tobacco leaves, tar, and the host of harmful chemicals said to be found in traditional cigarettes. The concept is that upon inhalation, a device is switched on and sends an electronic signal to a heating element inside the atomizer, which heats up quickly and vaporizes the e-liquid nicotine into a fine, water-based mist that replicates the look and feel of actual smoke.[2]


Photo courtesy of www. yourecigarette.com

The question then arises: does it fall within the provisions of the Tobacco Regulation Act of 2003 (R.A. 9211) which prohibits smoking in certain public places?

The law defines smoking as the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhaled or smoked. A cigarette, on the other hand, refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use. Taking into account that the e-cigarette contains no tobacco or any of its derivatives, and that it is neither burned nor heated when used, it appears that the e-cigarette does not come within the definition of smoking as provided under the law. Using the e-cigarette in a public place, therefore, is not an act punishable under R.A. 9211.

Maybe there’s a legitimate way around the UP system-wide smoking ban after all :)



[1] www.ecigaretteschoice.com

[2] www.yourecigarette.com

1 comment:

Mark the X Smoker said...
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