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#1 Posted : 25 February 2009 12:40:00(UTC)
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Posted By Merv Newman This may be a silly question, but do electronic cigarettes, which vaporise nicotine when the user inhales, count as smoking ? Our local pharmacist tried to flog me a set today. As an inveterate pipe smoker, but one who obeys all the rules and social niceties I did think of buying one. And what would you say if I started to "smoke" one in your office ? At 99 euros (£100 this week) I decided to postpone the decision. Merv
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#2 Posted : 25 February 2009 12:55:00(UTC)
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Posted By stephen d clarke Hi, I would guess the nicotine concn is very low and will only be inhaled, there will be little if any fume/smoke etc when not inhaling - despite nicotine being a very toxic alkaloid I think its the benzopyrenes and other aromatic hydrocarbons in cigarette smoke that are the real killers in terms of lung cancer and respiratory disease etc - await to be corrected though. Steve
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#3 Posted : 25 February 2009 13:07:00(UTC)
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Posted By Ron Hunter Smoking, Health and Social Care (Scotland) Act 2005 defines smoke & smoking as lit tobacco or substance containing tobacco.I guess England,Wales et al can't be that different. No tobacco, no problem? What sport to be had with the enforcers though!
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#4 Posted : 25 February 2009 13:14:00(UTC)
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Posted By Sen Sar Merv No tabacco, no smoke...NOT You would be more than welcome to "smoke" one in my office. There is a Pub in the Midlands that sells them! Sar
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#5 Posted : 25 February 2009 13:24:00(UTC)
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Posted By Coshh Assessor Are they a fire risk?
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#6 Posted : 25 February 2009 13:52:00(UTC)
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Posted By Charlie0538 Just on the last post of "are they a fire risk" answer NO they are battery operated. other questions people may have. What is expelled by the user. Apparantly water vapor. Dont ask me how, it just does. Is there any harm to others? Not unless they actually use the cigarette.
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#7 Posted : 25 February 2009 13:57:00(UTC)
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Posted By Yossarian Merv, I suspect case law has yet to be made on this issue, but if you wish to take it up all you need to do is go to you nearest UK enforcer and "light up". They will do the rest, I'm sure. That said, it would be disingenuous of any supplier to state they were a "legal alternative to smoking indoors" without undertaking this test case.
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#8 Posted : 25 February 2009 14:20:00(UTC)
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Posted By Descarte "Smoking, Health and Social Care (Scotland) Act 2005 defines smoke & smoking as 'lit' tobacco" Chew away, Des
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#9 Posted : 25 February 2009 15:10:00(UTC)
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Posted By Andy Petrie It's just a nicotene inhaler like the puffers that have been used for years, the only difference is the water vapour and the LED on the end. No test case is needed becasue it is legal.
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#10 Posted : 25 February 2009 15:20:00(UTC)
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Posted By S T No smoke so not relevant to regs
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#11 Posted : 25 February 2009 15:27:00(UTC)
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Posted By ITK There was an article on the local news about these. They look and act like cigarettes but are not lit tobacco so therefore the regs dont apply. Have to say seeing some one use these in a pub did look rather weird.
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#12 Posted : 25 February 2009 15:34:00(UTC)
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Posted By Yossarian But how do you know the Regs don't apply if they have not been tested in court, surely it would be wrong to give this advice without being certain? I only ask this because I used the "no smoke without a fire" argument in the office and was politely told that it was up to the man in the wig to decide.
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#13 Posted : 25 February 2009 15:43:00(UTC)
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Posted By ITK Because its not smoke its water vapour. I dont need a man in a wig to tell me that. Theres a clue on the "smoke free" website. http://www.smokefreeengland.co.uk/
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#14 Posted : 26 February 2009 11:50:00(UTC)
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Posted By Ron Hunter Yossarian - there is no Catch-22.
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#15 Posted : 26 February 2009 12:37:00(UTC)
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Posted By CFT Well I am doing my best to actually give up smoking (I'm trying hard) and I am sat here typing with an electronic cigarette and smoking it between thoughts. It was £29.99 plus cartridges and is as mentioned earlier water vapour, it just happens to mimic the look (and feel to some degree) of smoke; smoke however it is not and the two non-smoking ladies who are sat within a few metres of me today are the worlds worst condemners of smoking so appreciate what I am doing. Both have no issue with this as there is no smell, it does not linger, and only works when I drag on it. Carts last a day (depends on how frequently you use it) leaves no bad taste nor breath associated issues, and is so far as I deduce from the testing and research quite harmless and does not contain the alleged 4000 chemicals, there is nicotine in the cartridge and you go from high to mid to low to No over 12 weeks or so. I am only stopping smoking because of my intention to live forever (still so far so good) and I am finding this a pleasant way of doing it; on occasions I find the electronic cig a bit boring and simply have it by the side of me, either way over the last 3 weeks (since I started the process) I have gone from 20 a day to only two yesterday and none today (so far). I suppose as a generic definition the answer would be yes; well, smoking as is perceived,because 'water-vapouring' well sounds...plain daft and it's quicker to say 'smoking.' And yes for anyone thinking of trying them it does look 100% like smoke when you puff on it; a very clever little invention (IMO) Oh they do pipes and cigars now as well. For more info see here; http://www.electroniccig...s-alternative-to-smoking (which came from 'Googs', I am just a user with no vested interest other than giving up). Chow fer now. CFT
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#16 Posted : 26 February 2009 12:52:00(UTC)
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Posted By Andy Barr You may wish to check out the guidance issued to Local Authorities by LACoRS at http://www.lacors.gov.uk/lacors/upload/20547.pdf - in particular page 47 about electronic cigarettes. There is also a link in that document to further advice which shows that City of Westminster have sucessfully prosecuted someone who tried to use these as a defence but they were able to show that "proper" smoking was also taking place so he was found guilty - not for the use of the electronic cigarettes but for the actual smoking that was also going on at the same time.
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#17 Posted : 26 February 2009 13:22:00(UTC)
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Posted By S T It’s the smoking which is ‘banned’, not cigarettes. You can takes cigarettes to your work place and won’t break the law. Same way, if something does not ‘smoke’, it won’t breach any law. It’s as simple as it is.
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#18 Posted : 26 February 2009 13:46:00(UTC)
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Posted By alan noble Both English and Scottish Health Acts refer to ‘smoking any other substance’ and the offence of holding or being in possession of a ‘lit’ substance. So legally the substance being smoked doesn't have to contain tobacco(old socks? Tea? a kipper?). It would be down to enforcement view of LA. However you may be interested in this..... Ian Gray, Policy Officer, from the Chartered Institute of Environmental Health, has looked into the sensation (e-cigarettes) He said: “We have been the advisors to all the regulatory authorities on this matter and are hearing about it more and more. “Our main concern was that officers wouldn’t be able to tell the difference but it’s clear if you are close to them they’re not normal cigarettes.” He added: “They are perfectly legal to use because, in our view, this isn’t smoking. If people are using them it’s very unlikely that a local authority would want to make a prosecution as the legislation is to protect people from second-hand smoke but if there is none of that then there’s not really a basis for a prosecution." Mr Gray says the craze is catching on: “They seem to be using them a lot in the North. I suppose if you don’t want to go outside, it’s a real alternative. “They seem to be particularly popular in bingo halls where older people who may not want to get up and go outside and all that goes with that such as collecting your coat.”
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#19 Posted : 26 February 2009 14:06:00(UTC)
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Posted By Yossarian ITK, I think we are both in agreement, I was just puzzled by the conversation I had. Ron, Catch-22 states that agents enforcing Catch-22 need not prove that Catch-22 actually contains whatever provision the accused violator is accused of violating. Which neatly brings me to: Andy Barr, The link you provide doesn't seem to open when I cut & paste the link,is it available to the general public? I was however already aware of the document from other sources. As I understand it, the document seems to suggest that a premises can still be prosecuted if certain "paraphernalia" associated with smoking is found (e.g. butts, ashtrays etc.) even if patrons are only seen using the electronic items. Not a word about the individual though. Does that mean that when Merv visits the UK & strikes up, the business he visits can be prosecuted if he is seen to remove his electronic cigarette from his pouch where he also happens to keep his pipe and tobacco? Curiouser and curiouser.
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#20 Posted : 26 February 2009 15:07:00(UTC)
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Posted By Mike Craven Do these electric cigarettes need PA testing? Mike (sorry....I know its not Friday, but I'm not in tomorrow!)
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#21 Posted : 26 February 2009 16:45:00(UTC)
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Posted By CFT The charger does Mike, and I had my sticker duly displayed on it after testing, before using it on works premises. What a well behaved lad I am :-) Charley
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#22 Posted : 27 February 2009 08:16:00(UTC)
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Posted By Andy Barr Yossarian, Sorry the link doesn't work - try to access it via LACoRS homepage at www.lacors.gov.uk It's on the front page today - though it may be moved in the future.
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#23 Posted : 27 February 2009 09:31:00(UTC)
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Posted By jervis I would say no the reason for the ban was to do with passive smoking plus other things !!!!
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#24 Posted : 27 February 2009 10:23:00(UTC)
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Posted By Lynda Bridgwood I live in a small sleepy town in Somerset and in the window of one of our local 'ale houses' is a green sign displayed that clearly states that it is 'legal' to use an electronic cigarette in this establishment. Apparently, this notice was obtained from the same website as the red 'it is against the law to smoke in these premises' website. I started using an electronic cigarette seven weeks ago and have not looked back, I have not had a 'real one' since then. I would definitely recommend them.
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#25 Posted : 27 February 2009 10:28:00(UTC)
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Posted By jervis well done lynda keep it up.
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#26 Posted : 27 February 2009 10:58:00(UTC)
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Posted By alan noble As I undertsand them, both English and Scottish Health Acts refer to ‘smoking any other substance’ and the offence of holding or being in possession of a ‘lit’ substance. So in theory any substance which can be lit and is put to someone's mouth to be inhaled is caught by the legislation and the Acts do not say that smoking this'substance' has to cause harm or offense.So in theory smoking old socks or a kipper is caught by the smoke free legislation. However before we take the law is an ass route we do live in the real world so..... Some e-cig websites use quotes from Ch.Inst, Environmental Health saying that using e-cigs is not smoking. The new enforcement guidance (mentioned on other posts) issued by LACORS on 17.2.09 and available via their web-site recommends that the enforcement officer differentiate between tobacco smoking and e-cig 'smoking' which suggests it is permissable.
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#27 Posted : 28 February 2009 06:41:00(UTC)
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Posted By Rich Bannister By a bizarre twist of fate I was in a pub last night when a gentleman walked in using one of these e-cig's Turns out he was the co-owner of www.theelectroniccigarette.co.uk He said that they have spent a lot of money having it tested to ensure that it does not break the law, which he assured me they do not. (no tobacco and nothing is burning) They've also just started producing one shaped like a pipe, which would be good for you Merv. II have no vested interest in this company and actually quit being a 40-a-day man almost 12 months ago. Try Allen Carr's Easyway book if you're serious about quitting. It worked for me!
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#28 Posted : 01 March 2009 12:08:00(UTC)
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Posted By andy tetlow "Re: Electric cigarettes. Smoking or not ? Posted by Mike Craven on Thursday, 26 February 2009 at 15:07 Do these electric cigarettes need PA testing? Mike" Hi Mike, I understand where you are coming from with the PA testing, but it made me giggle. Could you imagine us chatting about PA testing cigarettes 20 years ago? Andy
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#29 Posted : 01 March 2009 23:01:00(UTC)
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Posted By Simo 79 Well after reading CFT's comments i ordered one and received it yesterday. Will make the transition tomorrow and hopefully it will be the start of stopping the dreaded weed. Simo
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#30 Posted : 29 April 2009 14:28:00(UTC)
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Posted By tony v ELECTRIC CIGARETTES ARE HERE TO STAY. DO PEOPLE REALLY HAVE TO BE TREATED LIKE CHILDREN,WHEN MAKING A DECISION TO SMOKE AN ELECTRONIC CIGARETTE. CECORETTES A LEADING MANUFACTURER OF ECIGARETTES,HAVE FOUND THAT THIS ALTERNATIVE TO SMOKING,ALLOWS SMOKERS TO ENJOY ALL THE BENEFITS OF SMOKING WITHOUT THE SMOKE.NO SMOKE,NO ASH,NO SMELL,NO FIRE,NOT RISK OF BURNING AND MORE IMPORTANTLY CECORETTES PACIFY THE SMOKER ON PLANES IN AIRPORTS IN RESTAURANTS BARS AND IN ALL NON SMOKING AREAS. THE PRODUCT IS MADE TO ALLOW SMOKERS TO GET THE FEELING OF RELIEF WITHOUT BREAKING ANY LAW. CECORETTES CAN BE SUPPLIED WITHOUT NICOTINE AS WELL,SO THEREFORE NOT EVEN GIVING SMOKERS ANY DANGEROUS DRUG INTAKE. WHY DONT ANTI SMOKERS WELLCOME THIS PRODUCT WITH OPEN ARMS AND PERSUADE SMOKERS TO USE THIS FRIENDLY INOVATIVE ITEM INSTEAD OF ALLWAYS MOANING AND GROANING ABOUT REAL PASSIVE SMOKE. DOES ANYONE HAVE AREAL REASON TO OBJECT?TONY V
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#31 Posted : 30 April 2009 15:21:00(UTC)
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Posted By Andy Petrie Can a user of an e-cig give me some help. How many puffs does it need to equate to a normal cigarette? I've not got the hang of it yet and don't want to be overdoing it and increasing my addiction yet at the same time I want the effect so that I'm not nipping off for a fag as well.
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