Cuccinelli: e-cigarettes permitted under Clean Indoor Air Act

By Andy Jenks - bio | email

HENRICO, VA (WWBT) - Virginia Attorney General Ken Cuccinelli is reversing Virginia's stance on electronic cigarettes. In an Opinion dated April 27th, Cuccinelli concludes that using an e-cigarette does not fall under the definition of "smoke" or "smoking" for purposes of the Clean Indoor Air Act.

In December, Virginia banned smoking in most bars in restaurants unless the establishments created an separately enclosed, ventilated space. At the time, the Virginia Department of Health considered e-cigarettes to be a "cigarette of any kind", and therefore banned. Violators faced $25 fines. The e-cigarette ban is now lifted, according to the Health Department.

E-cigarettes are battery powered devices that create a nicotine vapor, often flavored to the user's personal taste. In support of his Opinion, the Attorney General affirms they do not involve the "inhaling or exhaling of smoke," nor are they "lighted" by a flame, as the term is commonly understood.

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