Chicago Seeks E-Cigarette Ban in Public Places

Nov 26, 2013— -- Chicago is set to become the first major American city to ban the use of electronic cigarettes in public places.

Chicago's City Council will be asked today to consider a proposal to prohibit the use of battery-operated smoking devices anywhere that the use of cigarettes and other tobacco products are already forbidden, according to Chicago Health Commissioner Dr. Bechara Choucair.

The ban is championed by Chicago Mayor Rahm Emanuel as well as several other local elected officials and numerous public health groups. The proposal will be studied by a Council subcommittee and then put up for a vote in December.

The proposed ban would amend an existing ordinance regulating tobacco use in public spaces, Choucair said. If passed, it would go into effect some time in January 2014. A prohibition on the sale of flavored tobacco products within 500 feet of schools would also go into effect within 6 months of passage.

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Choucair said the ban aims to protect children from any tobacco use, including electronic cigarettes, which contain nicotine and other chemicals. E-cigarettes come in flavors such as cotton candy, gummy bear and dozens of other flavors and colors designed to appeal to children, he said.

A Centers for Disease Control and Prevention study found nearly 1.8 million young people had tried e-cigarettes and that the number of e-smokers among U.S. middle and high school students doubled between 2011 and 2012. Choucair said this increase is alarming considering the products have only been available for a short time.

"Currently it's legal for a 14-year-old kid to walk into any store and buy these things, no questions asked," he said. "We think that's wrong and we want to change it."

The Chicago ban would make it illegal to sell e-cigarettes to minors within city limits. Retailers would also be required to apply for a sales license to sell e-smoke products and they could only be sold from behind the counter, the same as other tobacco products, Choucair said.

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Erika Sward, vice president of the American Lung Association, said she applauds the proposed ban.

"The Lung Association wants to make sure public health is protected and we believe this is an important step to continuing that," Sward said.

Beyond her concern that e-cigarettes could serve as a gateway to other tobacco use, Sward said that some of the initial studies looking at the dangers of second-hand e-vapors are troubling.

"We certainly believe we have come a long way in protecting people from the dangers of cigarette smoke in public places," she said. "We don't want to have people now exposed to e-cigarette second-hand emissions until we know more about them."

Surprisingly, Thomas Kiklas, co-owner of e-cigarette maker inLife and co-founder of the Tobacco Vapor Electronic Cigarette Association, said the ban is logical and he supports it.

"The FDA says they are to be regulated as tobacco products and as such, any tobacco regulations should also apply to e-cigarettes at this point in time," Kiklas said, referring to a 2011 federal court decision that gives the Food and Drug Administration the authority to regulate e-smokes under existing tobacco laws rather than as a medication or medical device.