Here is living proof that you give prohibitionists an inch, they'll take a mile (or 10). Over in the land down under, e-liquid containing nicotine is already illegal. So, essentially, e-cigarettes are more of a stage prop to begin with. That's apparently not good enough for the nanny squad in one state where they took a merchant to court for selling nicotine-free e-cigarettes. The case was thrown out, so that must be the end of it, right?
Court defeat fuels move to ban e-cigsThe Cancer Council wants WA's tobacco laws changed to specifically ban electronic cigarettes after a test case that sought to charge a business for selling them was thrown out of court.
Joondalup Magistrate's Court ruled last week there was not enough evidence that two types of electronic cigarettes looked like cigarettes or cigars, acquitting the operators of Heavenly Vapours of breaching the Tobacco Products Control Act.
The WA Health Department prosecuted the Duncraig-based operators who sold e-cigarettes and nicotine-free “e-juice” through a website in late 2011.
WA tobacco laws prohibit the sale of any food, toy or other product that is not a tobacco product but is designed to resemble a tobacco product.
But the court ruled the electronic cigarettes did not necessarily resemble a cigarette or cigar and could also look like a fountain pen. Unlike normal cigarettes, they also required the user to press a button.
Yeah, I bet you saw that one coming. If you can't beat 'em, change the law.