E-cigarette Prohibition without consequences?

E-cigarettes banned in Hanover: Private users not affected

12/31/2011

Although the city of Hanover was one of the first municipalities in Germany to prohibit its employees from using e-cigarettes in buildings and vehicles in the city, private users of electric cigarettes do not have to fear any restrictions for the time being.

The ban on e-cigarettes for city officials remains without consequences for the public until further notice. The spokesman of the Lower Saxony city and municipal association, Thorsten Bullerdiek, said on Thursday in Hanover that given the lack of legal basis and in the absence of reliable knowledge on specific health risks, municipalities can not prohibit the use of electric cigarettes, for example in restaurants or discotheques. At this point, Bullerdiek first sees the legislature in duty.

E-cigarette municipal employees banned
As a supposedly safe alternative, e-cigarettes are enjoying increasing popularity amongst smokers. But although the electric cigarettes bring significantly less health risks than conventional tobacco consumption, the e-cigarettes are by no means harmless. Therefore, the city of Hanover has decided to prohibit its staff from using it in municipal buildings and vehicles. For the time being, however, this ban remains without consequences. Without a legal basis, municipalities can not prohibit private users from using the e-cigarette. Legislators would be required to do this, but before clear studies on the health risks of e-cigarettes are available, it is hardly possible to legislate by weighing up the relevant factors.

Blanket ban on electric cigarettes so far disputed
As the spokesman for the spokesman of the Lower Saxony town and community association told the news agency „DAPD“ emphasized that the town and community federation has so far received no complaints about the use of e-cigarettes in public buildings. In addition, according to the Ministry of Social Affairs, e-cigarettes are not covered by the smoking bans under the Niedersächsisches Nichtraucherschutzgesetz, explained Thorsten Bullerdiek. An extension of the ban could possibly follow in the coming months, but so far this has been rather controversial at the political level. Thus, the FDP has already taken a clear position against a blanket ban on e-cigarettes.

The domestic spokesman for the Lower Saxony FDP parliamentary group, Jan-Christoph Oetjen, stressed that the electric cigarettes „clearly not under the nonsmoker protection laws of federal and state governments“ fall. At this point, according to the basic understanding of a liberal society, citizens are required to decide on their own responsibility whether and under what circumstances the use of e-cigarettes is acceptable, explained Oetjen. Also, the health risks must first be carefully examined before regulatory action is considered, said the FDP spokesman. A ban on sales of e-cigarettes is the politician also claims to be extremely critical, since „Displacement of popular stimulants in the gray market has never proved to be a sustainable solution“ Has. (Ag)

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Picture: Rainer Sturm