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Green Smoke Review and Coupon

Posted by Admin on Mar 25, 2016 in e-Cigarette News | Comments Off on Green Smoke Review and Coupon

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California Public E-cigarette Ban Imminent

Posted by Admin on Apr 15, 2013 in e-Cigarette News | Comments Off on California Public E-cigarette Ban Imminent

COMPILED BY LAURA CONZO BRADY
Editor, eCigs HQ™

Monday, April 15th, 2013

TELL THE CALIFORNIA POLITICIANS TO KEEP THEIR HANDS OFF OUR E-CIGARETTES!

A CALL TO ACTION

About SB648: This measure has been introduced in the California state Legislature with a public hearing scheduled for Wednesday April 17, 2013.

If approved, this measure would ban the use of electronic cigarettes in any public place where smoking is prohibited, which includes public transportation and your place of work.

HOW YOU CAN HELP:

Please contact the legislators on the Senate Health Committee and tell them:

• You are 100% against SB648
• Electronic cigarettes do not contain tobacco, they are smoke, odor, and ash free, and they SHOULD NOT be treated like analog cigarettes
• Banning electronic cigarettes in the same way as traditional cigarettes would make it extremely difficult for you to successfully switch to a healthier, smoke-free lifestyle
• Share your individual story or struggle and how electronic cigarettes have helped you live a healthier lifestyle

Please use the contact information below to email or call the legislators on the Senate Health Committee:

Chair Senator Ed Hernandez		(916) 651-4024		[email protected]
Vice Chair Senator Joel Anderson		(916) 651-4036		[email protected]
Senator Jim Beall		(916) 651-4015
Senator Kevin de León		(916) 651-4022
Senator Mark DeSaulnier		(916) 651-4007		[email protected]
Senator Bill Monning		(916) 651-4017
Senator Jim Nielsen		(916) 651-4004
Senator Fran Pavley		(916) 651-4027		[email protected]
Senator Lois Wolk		(916) 651-4003		[email protected]

YOUR VOICE IN THIS MATTER IS VERY IMPORTANT, SO PLEASE SPEAK OUT TODAY!

For directions on how to contact the Senate or submit testimony, please visit: http://blog.casaa.org/2013/03/call-to-action-california-e-cigarette.html

We urge you to take action to protect your right to continue vaping. Please visit casaa.org to get the latest updates on legislation pending in your state. This is important.

Thank you!

Text content courtesy of Apollo Electronic Cigarettes

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California Moves to Restrict use of Electronic Cigarettes

Posted by Admin on Mar 23, 2013 in e-Cigarette News | Comments Off on California Moves to Restrict use of Electronic Cigarettes

COMPILED BY LAURA CONZO BRADY
Editor, eCigs HQ™

Saturday, March 23, 2013

TELL THE POLITICIANS TO KEEP THEIR HANDS OFF OUR E-CIGARETTES!

A bill has been introduced in California to ban the use of e-cigarettes wherever smoking is banned. If passed, this could mean you will not be permitted to use your e-cigarette at work, on the bus, or within 20 feet of any public building in the state of California.

We are asking for help from e-smokers nation-wide because this affects all of you. In almost every single state, legislation is being introduced and heard by state legislatures to limit or ban the use of electronic cigarettes. This is an attempt to treat e-cigarettes exactly the same as tobacco cigarettes using the argument that e-cigarettes are “a hazard to the health of the general public”.

This campaign is being organized and directed by powerful anti-smoking advocacy groups who know little to nothing about e-cigarettes. Important decisions could be made based on assumption and misinformation.

The truth is the FDA has limited information about the safety of e-cigarettes and the affects on bystanders. In fact, all research to date shows that the low health risks associated with e-cigarettes is comparable to other smokeless nicotine products. No basis exists for the claim that the use of e-cigarettes is hazardous and these bans are arguably unconstitutional.

More About California State Senate Bill 648:

SB 648 will add e-cigarettes to the smoking ban and will impact users in the following ways:

• Permit landlords to ban e-cigarettes in private homes.
• Ban e-cigarette use inside or within 20 feet of any public building or in any vehicle owned by the state (including buses, and other public transportation).
• Ban e-cigarette use in hospitals and medical facilities, except specifically defined rooms where smoking is allowed.
• Declares that the use of electronic cigarettes “is a hazard to the health of the general public,” and would include e-cigarettes in all future smoking bans passed in California.
• Ban e-cigarette use in workplaces. Violations would be punishable by fines of up to $500.
• Ban e-cigarette use in railroads and air carriers.

HOW YOU CAN HELP:

California Residents:

SB 648 is scheduled for hearing before the Senate Committee on Wednesday April 17, 2013 at 1:30pm at the State Capitol in Sacramento. We urge you to act and speak out against this bill in one of the following ways:

• Tell the Senate Health Committee and Senate Judiciary Committee to VOTE NO on SB 648.
• Submit testimony to be heard at the hearing.
• Go to Sacramento and testify directly before the Senate.

For directions on how to contact the Senate or submit testimony, please visit: http://blog.casaa.org/2013/03/call-to-action-california-e-cigarette.html

We urge you to take action to protect your right to continue vaping. Please visit casaa.org to get the latest updates on legislation pending in your state. This is important.

Thank you!

Text content courtesy of Apollo Electronic Cigarettes

The complete text of the proposed legislation follows immediately below

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02/22/13 – Introduced

SB-648 Electronic cigarettes: restriction of use and advertising.

Bill Start

CALIFORNIA LEGISLATURE – 2013–2014 REGULAR SESSION

Senate Bill

No. 648

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Introduced by: Senator Corbett

February 22, 2013

An act to amend Section 1947.5 of the Civil Code, to amend Section 48901 of the Education Code, to amend Sections 7596, 7597, and 19994.35 of the Government Code, to amend Sections 1234, 1286, 1596.795, 104495, 110995, 113978, and 114332.3 of, and to add Section 118882 to, the Health and Safety Code, to amend Section 6404.5 of the Labor Code, to amend Sections 561 and 99580 of the Public Utilities Code, and to amend Section 12523 of the Vehicle Code, relating to electronic cigarettes.

LEGISLATIVE COUNSEL’S DIGEST

SB 648, as introduced, Corbett.
Electronic cigarettes: restriction of use and advertising.

Existing law defines an electronic cigarette as a device that can provide an inhalable dose of nicotine by delivering an inhalable solution. Existing law, to the extent not preempted by federal law, makes it unlawful for a person to sell or otherwise furnish an electronic cigarette to a person under 18 years of age.

Existing law restricts or prohibits the smoking of tobacco products in various places, including, but not limited to, residential dwelling units, school campuses, public buildings, as defined, places of employment, day care facilities, retail food facilities, and health facilities. Under existing law, violation of the prohibition against smoking in certain of these places, including, but not limited to, a day care facility, health facility, or clinic constitutes an infraction or a misdemeanor, as specified.

This bill would extend the above-referenced restrictions and prohibitions against the smoking of tobacco products to include electronic cigarettes. By including electronic cigarettes within the restricted and prohibited activity, this bill would change the definition of a crime with respect to certain facilities, thereby creating a state-mandated local program.

Existing law prohibits the advertising of tobacco products in any state-owned and state-occupied building, except as specified.

This bill would extend the above prohibition against advertising to electronic cigarettes, as defined.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY

Appropriation: NO

Fiscal Committee: YES

Local Program: YES

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

It is the intent of the Legislature in enacting this act to regulate the use of electronic cigarettes, as defined in subdivision (b) of Section 110405 of the Health and Safety Code, to the same extent and in the same manner as cigarettes and other tobacco products, to the extent not preempted by federal law.

SEC. 2.

Section 1947.5 of the Civil Code is amended to read:

1947.5.

(a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, an electronic cigarette, as defined in subdivision (b) of Section 119405 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article.

(b) (1) Every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property on any portion of which the landlord has prohibited the smoking of cigarettes, electronic cigarettes, or other tobacco products pursuant to this article shall include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit.

(2) For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes, electronic cigarettes, or other tobacco products in any portion of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing, to be provided in the manner prescribed in Section 827.

(c) A landlord who exercises the authority provided in subdivision (a) to prohibit smoking shall be subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants with leases or rental agreements that are in existence at the time that the policy limiting or prohibiting smoking is adopted.

(d) This section shall not be construed to preempt any local ordinance in effect on or before January 1, 2012, or any provision of a local ordinance in effect on or after January 1, 2012, that restricts the smoking of cigarettes, electronic cigarettes, or other tobacco products.

(e) A limitation or prohibition of the use of any tobacco product or electronic cigarette shall not affect any other term or condition of the tenancy, nor shall this section be construed to require statutory authority to establish or enforce any other lawful term or condition of the tenancy.

SEC. 3.

Section 48901 of the Education Code is amended to read:

48901.

(a) No school shall permit the smoking or use of tobacco, or any product containing tobacco or nicotine products, including electronic cigarettes, by pupils of the school while the pupils are on campus, or while attending school-sponsored activities or while under the supervision and control of school district employees.

(b) The governing board of any school district maintaining a high school shall take all steps it deems practical to discourage high school students from smoking.

SEC. 4.

Section 7596 of the Government Code is amended to read:

7596.

As used in this chapter, the following terms have the following meanings:

(a) “Public building” means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district.

(1) “Inside a public building” includes all indoor areas of the building, except for covered parking lots and residential space. “Inside a public building” also includes any indoor space leased to the state, county, or city, except for covered parking lots and residential space.

(2) “Residential space” means a private living area, but it does not include common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multicomplex building such as a dormitory.

(3) (A) “Covered parking lot” means an area designated for the parking of vehicles that is enclosed or contains a roof or ceiling. “Covered parking lot” does not include lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the parking lot or a building to which it is attached.

(B) The application of this subparagraph shall not supersede or render inapplicable permitted smoking of tobacco products, including electronic cigarettes, under this chapter within any other part of a covered parking lot not specifically listed in subparagraph (1) .

(b) “State” or “state agency” means a state agency, as defined pursuant to Section 11000, the Legislature, the Supreme Court and the courts of appeal, and each campus of the California State University and the University of California.

(c) “Public employee” means an employee of a state agency or an employee of a county or city.

SEC. 5.

Section 7597 of the Government Code is amended to read:

7597.

(a) No public employee or member of the public shall smoke any tobacco product, including an electronic cigarette, inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.

(b) This section shall not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.

SEC. 6.

Section 19994.35 of the Government Code is amended to read:

19994.35.

(a) No tobacco product advertising, which shall include electronic cigarette advertising, shall be allowed in any state-owned and state-occupied building excepting advertising contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, brought, or distributed within a state building.

(b) “Advertise,” for purposes of this section, means the display of any poster, sign, or other written or visual material that is intended to communicate commercial information or images to the public.

(c) “Tobacco product,” for purposes of this section, means any product containing tobacco, the prepared leaves of plants of the nicotiana family, including, but not limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco.

SEC. 7.

Section 1234 of the Health and Safety Code is amended to read:

1234.

(a) Smoking shall not be permitted in patient areas of a clinic except those rooms designated for occupancy exclusively by smokers.

(b) Clearly legible signs shall either:

(1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of such clinic, in all areas of a clinic where smoking is unlawful.

(2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of such clinic, only in areas of a clinic where smoking is lawfully permitted.

If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.”

(c) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled.

(d) This section applies to the use of electronic cigarettes, as defined in subdivision (b) of Section 119405.

SEC. 8.

Section 1286 of the Health and Safety Code is amended to read:

1286.

(a) Smoking shall be prohibited in patient care areas, waiting rooms, and visiting rooms of a health facility, except those areas specifically designated as smoking areas, and in patient rooms as specified in subdivision (b) .

(b) Smoking shall not be permitted in a patient room unless all persons assigned to such room have requested a room where smoking is permitted. In the event that the health facility occupancy has reached capacity, the health facility shall have reasonable time to reassign patients to appropriate rooms.

(c) Clearly legible signs shall either:

(1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of such health facility, in all areas of a health facility where smoking is unlawful, or.

(2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of such health facility, only in areas of the health facility where smoking is lawfully permitted.

If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.”

(d) No signs pertaining to smoking are required to be posted in patient rooms.

(e) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled.

(f) This section applies to the use of electronic cigarettes, as defined in subdivision (b) of Section 119405.

SEC. 9.

Section 1596.795 of the Health and Safety Code is amended to read:

1596.795.

(a) The smoking of tobacco, including electronic cigarettes, as defined in subdivision (b) of Section 119405, in a private residence that is licensed as a family day care home shall be prohibited during the hours of operation as a family day care home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section.

(b) The smoking of tobacco, including electronic cigarettes, as defined in subdivision (b) of Section 119405, on the premises of a licensed day care center shall be prohibited.

SEC. 10.

Section 104495 of the Health and Safety Code is amended to read:

104495.

(a) For the purposes of this section, the following definitions shall govern:

(1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds.

(2) “Tot lot sandbox area” means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.

(3) “Public park” includes a park operated by a public agency.

(4) “Smoke or smoking” means the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, including an electronic cigarette, as defined in subdivision (b) of Section 119405, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant.

(5) “Cigarette” means the same as defined in Section 104556, and also includes an electronic cigarette.

(6) “Cigar” means the same as defined in Section 104550.

(b) No person shall smoke a cigarette, cigar, or other tobacco-related product within 25 feet of any playground or tot lot sandbox area.

(c) No person shall dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot lot sandbox area.

(d) No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section.

(e) Any person who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section. Punishment under this section shall not preclude punishment pursuant to Section 13002, Section 374.4 of the Penal Code, or any other provision of law proscribing the act of littering.

(f) The prohibitions contained in subdivisions (b) , (c) , and (d) shall not apply to private property.

(g) The prohibitions contained in subdivisions (b) and (c) shall not apply to a public sidewalk located within 25 feet of a playground or a tot lot sandbox area.

(h) This section shall not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas. Any county, city, or city and county may enforce any ordinance adopted prior to January 1, 2002, or may adopt and enforce new regulations that are more restrictive than this section, on and after January 1, 2002.

SEC. 11.

Section 110995 of the Health and Safety Code is amended to read:

110995.

Any person or entity who manufactures, transports, stores, or sells ice shall comply with all of the following:

(a) A room in which ice is manufactured shall be used for no other purpose than the manufacture of ice and the production of refrigeration, and may contain refrigeration equipment and machinery. This subdivision shall not apply to any food facility as defined in Section 113785.

(b) Ice storage or processing areas shall be maintained in a clean and sanitary condition and no noxious or offensive odors, smoking, including electronic cigarettes, as defined in subdivision (b) of Section 119405, or other air pollution shall be permitted therein.

(c) Cover tops for tank cans shall have a smooth, painted, or treated surface, and shall be cleaned daily. Water used for cleaning shall not be permitted to drip into freezing cans. Only potable water shall be used in sprays and in the thaw tanks for the removal of ice from cans. Water coverage tanks shall be covered and provided with filtered vents.

(d) Crushed, cubed, or shaved ice, intended for human consumption, shall be stored in a manner that prevents its pollution or contamination.

(e) Soil, waste, or drain pipes shall not be installed or maintained above any ice platform, loading space, ice container, ice storage room, dip tank or any place where leakage from the pipes may drop into, or upon any ice or upon any area or equipment used in the manufacture of ice, unless a safety device shall be installed under the pipes drained to an open receptacle or drain so as to prevent pollution of ice, water, or equipment used in the manufacture of the ice.

(f) Block ice-loading platforms shall be washed with water as often as necessary to keep them in a clean and sanitary condition, but not less than once each day.

(g) Block ice pullers and block ice storage-room employees shall wear rubber overshoes while on duty. The rubber overshoes shall be removed when the employee leaves the storage or tank room, except that if the rubber overshoes are not removed, they shall be cleaned and disinfected before reentering the storage or tank room. The use of street shoes without rubber overshoes in these areas is prohibited.

(h) All frozen unpackaged ice blocks intended for sale for human consumption or for the refrigeration of food products shall be washed thoroughly with potable water. Ice manufactured for industrial purposes need not be washed prior to shipping but shall be handled and stored separately from ice intended for human consumption.

(i) Ice shall be handled only with clean tongs, ice-carrying bags, scoops, or other sanitary containers, and shall not be directly handled with bare hands.

(j) Single service supplies shall be stored, dispensed, and handled in a sanitary manner and shall be used only once.

(k) Persons not directly involved in the manufacture, processing, packaging, or storing of ice, in the maintenance of facilities and equipment used therefore, or in the management, supervision, or inspection thereof, shall not be permitted in any area where ice is manufactured, processed, packaged, or stored, unless personal cleanliness and hygienic practices are taken to prevent contamination of the product. These areas shall have signs posted to this effect.

(l)

(l) Bacteriological tests of the finished ice shall be conducted not less than biannually, chemical and physical tests annually, and radiological tests every four years, to insure that ice manufactured for human consumption or for the refrigeration of food products complies with the primary drinking water standards adopted by the department pursuant to Section 116365.

(m) No ice produced out of state shall be sold or distributed within this state unless it complies with this article.

SEC. 12.

Section 113978 of the Health and Safety Code is amended to read:

113978.

Food facilities shall have a “no smoking” sign posted in the food preparation, food storage, and warewashing areas. For purposes of this section, “smoking” also includes use of electronic cigarettes, as defined in subdivision (b) of Section 119405.

SEC. 13.

Section 114332.3 of the Health and Safety Code is amended to read:

114332.3.

(a) No potentially hazardous food or beverage stored or prepared in a private home may be offered for sale, sold, or given away from a nonprofit charitable temporary food facility. Potentially hazardous food shall be prepared in a food establishment or on the premises of a nonprofit charitable temporary food facility.

(b) All food and beverage shall be protected at all times from unnecessary handling and shall be stored, displayed, and served so as to be protected from contamination.

(c) Potentially hazardous food and beverage shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 57.2 degrees Celsius (135 degrees Fahrenheit) at all times.

(d) Ice used in beverages shall be protected from contamination and shall be maintained separate from ice used for refrigeration purposes.

(e) All food and food containers shall be stored off the floor on shelving or pallets located within the facility.

(f) Smoking, including electronic cigarettes, as defined in subdivision (b) of Section 119405, is prohibited in nonprofit charitable temporary food facilities.

(g) (1) Except as provided in paragraph (2) , live animals, birds, or fowl shall not be kept or allowed in nonprofit charitable temporary food facilities.

(2) Paragraph (1) does not prohibit the presence, in any room where food is served to the public, guests, or patrons, of a guide dog, signal dog, or service dog, as defined by Section 54.1 of the Civil Code, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code.

(3) Paragraph (1) does not apply to dogs under the control of uniformed law enforcement officers or of uniformed employees of private patrol operators and operators of a private patrol service who are licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, while these employees are acting within the course and scope of their employment as private patrol persons.

(4) The persons and operators described in paragraphs (2) and (3) are liable for any damage done to the premises or facilities by the dog.

(5) The dogs described in paragraphs (2) and (3) shall be excluded from food preparation and utensil wash areas. Aquariums and aviaries shall be allowed if enclosed so as not to create a public health problem.

(h) All garbage shall be disposed of in a sanitary manner.

(i) Employees preparing or handling food shall wear clean clothing and shall keep their hands clean at all times.

SEC. 14.

Section 118882 is added to the Health and Safety Code, to read:

118882.

The Legislature finds and declares that the use of electronic cigarettes, as defined in subdivision (b) of Section 119405, is a hazard to the health of the general public. Any reference in this chapter to, or any prohibition of, the smoking of tobacco shall also be construed to refer to the use of electronic cigarettes.

SEC. 15.

Section 6404.5 of the Labor Code is amended to read:

6404.5.

(a) The Legislature finds and declares that regulation of smoking in the workplace is a matter of statewide interest and concern. It is the intent of the Legislature in enacting this section to prohibit the smoking of tobacco products, including electronic cigarettes, as defined in subdivision (b) of Section 119405 of the Health and Safety Code, in all (100 percent of) enclosed places of employment in this state, as covered by this section, thereby eliminating the need of local governments to enact workplace smoking restrictions within their respective jurisdictions. It is further the intent of the Legislature to create a uniform statewide standard to restrict and prohibit the smoking of tobacco products, including electronic cigarettes, in enclosed places of employment, as specified in this section, in order to reduce employee exposure to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees, and also to eliminate the confusion and hardship that can result from enactment or enforcement of disparate local workplace smoking restrictions. Notwithstanding any other provision of this section, it is the intent of the Legislature that any area not defined as a “place of employment” pursuant to subdivision (d) or in which the smoking of tobacco products, including electronic cigarettes, is not regulated pursuant to subdivision (e) shall be subject to local regulation of smoking of tobacco products, including electronic cigarettes.

(b) No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment. “Enclosed space” includes lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building and not specifically defined in subdivision (d). For purposes of this section, “smoking,” or smoking of tobacco products includes use of electronic cigarettes, as specified in subdivision (b) of Section 119405.

(c) For purposes of this section, an employer who permits any nonemployee access to his or her place of employment on a regular basis has not acted knowingly or intentionally in violation of this section if he or she has taken the following reasonable steps to prevent smoking by a nonemployee:

(1) Posted clear and prominent signs, as follows:

(A) Where smoking is prohibited throughout the building or structure, a sign stating “No smoking” shall be posted at each entrance to the building or structure.

(B) Where smoking is permitted in designated areas of the building or structure, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure.

(2) Has requested, when appropriate, that a nonemployee who is smoking refrain from smoking in the enclosed workplace.

For purposes of this subdivision, “reasonable steps” does not include (A) the physical ejection of a nonemployee from the place of employment or (B) any requirement for making a request to a nonemployee to refrain from smoking, under circumstances involving a risk of physical harm to the employer or any employee.

(d) For purposes of this section, “place of employment” does not include any of the following:

(1) Sixty-five percent of the guestroom accommodations in a hotel, motel, or similar transient lodging establishment.

(2) Areas of the lobby in a hotel, motel, or other similar transient lodging establishment designated for smoking by the establishment. An establishment may permit smoking in a designated lobby area that does not exceed 25 percent of the total floor area of the lobby or, if the total area of the lobby is 2,000 square feet or less, that does not exceed 50 percent of the total floor area of the lobby. For purposes of this paragraph, “lobby” means the common public area of an establishment in which registration and other similar or related transactions, or both, are conducted and in which the establishment’s guests and members of the public typically congregate.

(3) Meeting and banquet rooms in a hotel, motel, other transient lodging establishment similar to a hotel or motel, restaurant, or public convention center, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes. At times when smoking is not permitted in a meeting or banquet room pursuant to this paragraph, the establishment may permit smoking in corridors and prefunction areas adjacent to and serving the meeting or banquet room if no employee is stationed in that corridor or area on other than a passing basis.

(4) Retail or wholesale tobacco shops and private smokers’ lounges. For purposes of this paragraph:

(A) “Private smokers’ lounge” means any enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, electronic cigarettes, cigars, and pipes.

(B) “Retail or wholesale tobacco shop” means any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, electronic cigarettes, cigars, pipe tobacco, and smoking accessories.

(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle Code, or truck tractors, as defined in Section 655 of the Vehicle Code, if no nonsmoking employees are present.

(6) Warehouse facilities. For purposes of this paragraph, “warehouse facility” means a warehouse facility with more than 100,000 square feet of total floorspace, and 20 or fewer full-time employees working at the facility, but does not include any area within a facility that is utilized as office space.

(7) Gaming clubs, in which smoking is permitted by subdivision (f) . For purposes of this paragraph, “gaming club” means any gaming club, as defined in Section 19802 of the Business and Professions Code, or bingo facility, as defined in Section 326.5 of the Penal Code, that restricts access to minors under 18 years of age.

(8) Bars and taverns, in which smoking is permitted by subdivision (f) . For purposes of this paragraph, “bar” or “tavern” means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. “Bar or tavern” includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. However, when located within a building in conjunction with another use, including a restaurant, “bar” or “tavern” includes only those areas used primarily for the sale and service of alcoholic beverages. “Bar” or “tavern” does not include the dining areas of a restaurant, regardless of whether alcoholic beverages are served therein.

(9) Theatrical production sites, if smoking is an integral part of the story in the theatrical production.

(10) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted.

(11) Private residences, except for private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present.

(12) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code.

(13) Breakrooms designated by employers for smoking, provided that all of the following conditions are met:

(A) Air from the smoking room shall be exhausted directly to the outside by an exhaust fan. Air from the smoking room shall not be recirculated to other parts of the building.

(B) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the Occupational Safety and Health Standards Board or the federal Environmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the Occupational Safety and Health Standards Board shall be no less stringent than the standards adopted by the federal Environmental Protection Agency.

(C) The smoking room shall be located in a nonwork area where no one, as part of his or her work responsibilities, is required to enter. For purposes of this subparagraph, “work responsibilities” does not include any custodial or maintenance work carried out in the breakroom when it is unoccupied.

(D) There are sufficient nonsmoking breakrooms to accommodate nonsmokers.

(14) Employers with a total of five or fewer employees, either full time or part time, may permit smoking where all of the following conditions are met:

(A) The smoking area is not accessible to minors.

(B) All employees who enter the smoking area consent to permit smoking. No one, as part of his or her work responsibilities, shall be required to work in an area where smoking is permitted. An employer who is determined by the division to have used coercion to obtain consent or who has required an employee to work in the smoking area shall be subject to the penalty provisions of Section 6427.

(C) Air from the smoking area shall be exhausted directly to the outside by an exhaust fan. Air from the smoking area shall not be recirculated to other parts of the building.

(D) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, including, but not limited to, mechanical, electronic, and biotechnical systems, adopted by the Occupational Safety and Health Standards Board or the federal Environmental Protection Agency. If both adopt inconsistent standards, the ventilation standards of the Occupational Safety and Health Standards Board shall be no less stringent than the standards adopted by the federal Environmental Protection Agency.

This paragraph shall not be construed to (i) supersede or render inapplicable any condition or limitation on smoking areas made applicable to specific types of business establishments by any other paragraph of this subdivision or (ii) apply in lieu of any otherwise applicable paragraph of this subdivision that has become inoperative.

(e) Paragraphs (13) and (14) of subdivision (d) shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers.

(f) (1) Except as otherwise provided in this subdivision, smoking may be permitted in gaming clubs, as defined in paragraph (7) of subdivision (d) , and in bars and taverns, as defined in paragraph (8) of subdivision (d) , until the earlier of the following:

(A) January 1, 1998.

(B) The date of adoption of a regulation (i) by the Occupational Safety and Health Standards Board reducing the permissible employee exposure level to environmental tobacco smoke to a level that will prevent anything other than insignificantly harmful effects to exposed employees or (ii) by the federal Environmental Protection Agency establishing a standard for reduction of permissible exposure to environmental tobacco smoke to an exposure level that will prevent anything other than insignificantly harmful effects to exposed persons.

(2) If a regulation specified in subparagraph (B) of paragraph (1) is adopted on or before January 1, 1998, smoking may thereafter be permitted in gaming clubs and in bars and taverns, subject to full compliance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failing to achieve compliance with, or conformity to, the regulation within this two-year period shall prohibit smoking in the gaming club, bar, or tavern until compliance or conformity is achieved. If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety and Health Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency.

(3) If a regulation specified in subparagraph (B) of paragraph (1) is not adopted on or before January 1, 1998, the exemptions specified in paragraphs (7) and (8) of subdivision (d) shall become inoperative on and after January 1, 1998, until a regulation is adopted. Upon adoption of such a regulation on or after January 1, 1998, smoking may thereafter be permitted in gaming clubs and in bars and taverns, subject to full compliance with, or conformity to, the standard in the regulation within two years following the date of adoption of the regulation. An employer failing to achieve compliance with, or conformity to, the regulation within this two-year period shall prohibit smoking in the gaming club, bar, or tavern until compliance or conformity is achieved. If the Occupational Safety and Health Standards Board and the federal Environmental Protection Agency both adopt regulations specified in subparagraph (B) of paragraph (1) that are inconsistent, the regulations of the Occupational Safety and Health Standards Board shall be no less stringent than the regulations of the federal Environmental Protection Agency.

(4) From January 1, 1997, to December 31, 1997, inclusive, smoking may be permitted in gaming clubs, as defined in paragraph (7) of subdivision (d) , and in bars and taverns, as defined in paragraph (8) of subdivision (d) , subject to both of the following conditions:

(A) If practicable, the gaming club or bar or tavern shall establish a designated nonsmoking area.

(B) If feasible, no employee shall be required, in the performance of ordinary work responsibilities, to enter any area in which smoking is permitted.

(g) The smoking prohibition set forth in this section shall constitute a uniform statewide standard for regulating the smoking of tobacco products in enclosed places of employment and shall supersede and render unnecessary the local enactment or enforcement of local ordinances regulating the smoking of tobacco products in enclosed places of employment. Insofar as the smoking prohibition set forth in this section is applicable to all (100-percent) places of employment within this state and, therefore, provides the maximum degree of coverage, the practical effect of this section is to eliminate the need of local governments to enact enclosed workplace smoking restrictions within their respective jurisdictions.

(h) Nothing in this section shall prohibit an employer from prohibiting smoking in an enclosed place of employment for any reason.

(i) The enactment of local regulation of smoking of tobacco products in enclosed places of employment by local governments shall be suspended only for as long as, and to the extent that, the (100-percent) smoking prohibition provided for in this section remains in effect. In the event this section is repealed or modified by subsequent legislative or judicial action so that the (100-percent) smoking prohibition is no longer applicable to all enclosed places of employment in California, local governments shall have the full right and authority to enforce previously enacted, and to enact and enforce new, restrictions on the smoking of tobacco products in enclosed places of employment within their jurisdictions, including a complete prohibition of smoking. Notwithstanding any other provision of this section, any area not defined as a “place of employment” or in which smoking is not regulated pursuant to subdivision (d) or (e) , shall be subject to local regulation of smoking of tobacco products.

(j) Any violation of the prohibition set forth in subdivision (b) is an infraction, punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year. This subdivision shall be enforced by local law enforcement agencies, including, but not limited to, local health departments, as determined by the local governing body.

(k) Notwithstanding Section 6309, the division shall not be required to respond to any complaint regarding the smoking of tobacco products, in an enclosed space at a place of employment, unless the employer has been found guilty pursuant to subdivision (j) of a third violation of subdivision (b) within the previous year.

(l) If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

SEC. 16.

Section 561 of the Public Utilities Code is amended to read:

561.

(a) Every railroad corporation, passenger stage corporation, passenger air carrier, and street railroad corporation providing departures originating in this state shall prohibit the smoking of any tobacco product, including an electronic cigarette, in the passenger seating area of every passenger car, passenger stage, aircraft, or other vehicle.

(b) Every such corporation and carrier shall display in the passenger seating area of every passenger car, passenger stage, aircraft, or other vehicle, notices sufficient in number, posted in such locations as to be readily seen by boarding passengers, advising passengers of the no smoking requirements pursuant to subdivision (a) . Words on such notices which state “No Smoking” or an equivalent phrase shall be at least three-quarters of one inch high, and any other explanatory words on the notices shall be at least one-quarter of an inch high.

(c) No person shall smoke any tobacco product, including an electronic cigarette, in a space known by him or her to be designated for nonsmoking passengers. A violation of this subdivision is not a crime.

(d) As used in this section, “passenger air carrier” shall have the same meaning as provided in Sections 2741 and 2743.

SEC. 17.

Section 99580 of the Public Utilities Code, as amended by Section 2.5 of Chapter 750 of the Statutes of 2012, is amended to read:

99580.

(a) Pursuant to subdivision (e) of Section 640 of the Penal Code, a public transportation agency may enact and enforce an ordinance to impose and enforce an administrative penalty for any of the acts described in subdivision (b) . The ordinance shall include the provisions of this chapter and shall not apply to minors.

(b) (1) Evasion of the payment of a fare of the system.

(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.

(3) Playing sound equipment on or in a system facility or vehicle.

(4) Smoking, including electronic cigarettes, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system.

(5) Expectorating upon a system facility or vehicle.

(6) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.

(7) Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a system facility or vehicle.

(8) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.

(9) (A) Willfully blocking the free movement of another person in a system facility or vehicle.

(B) This paragraph shall not be interpreted to affect any lawful activities permitted or first amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.

(10) Skateboarding, roller skating, bicycle riding, or roller blading in a system facility, including a parking structure, or in a system vehicle. This paragraph does not apply to an activity that is necessary for utilization of a system facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a system vehicle, if that activity is conducted with the permission of the agency of the system in a manner that does not interfere with the safety of the bicyclist or other patrons of the system facility.

(11) (A) Unauthorized use of a discount ticket or failure to present, upon request from a system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155, and posted system identification policies when entering or exiting a system station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.

(B) In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, an issued notice of fare evasion or passenger conduct violation shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, that notice shall be voided. If the proof is not produced within that time period, that notice shall be processed.

(12) Sale or peddling of any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system without the express written consent of the public transportation system or its duly authorized representatives.

(c) (1) The public transportation agency may contract with a private vendor or governmental agency for the processing of notices of fare evasion or passenger conduct violation, and notices of delinquent fare evasion or passenger conduct violation pursuant to Section 99581.

(2) For the purpose of this chapter, “processing agency” means either of the following:

(A) The agency issuing the notice of fare evasion or passenger conduct violation and the notice of delinquent fare evasion or passenger conduct violation.

(B) The party responsible for processing the notice of fare evasion or passenger conduct violation and the notice of delinquent violation, if a contract is entered into pursuant to paragraph (1) .

(3) For the purpose of this chapter, “fare evasion or passenger conduct violation penalty” includes, but is not limited to, a late payment penalty, administrative fee, fine, assessment, and costs of collection as provided for in the ordinance.

(4) For the purpose of this chapter, “public transportation agency” shall mean a public agency that provides public transportation as defined in paragraph (1) of subdivision (f) of Section 1 of Article XIXA of the California Constitution.

(5) All fare evasion and passenger conduct violation penalties collected pursuant to this chapter shall be deposited in the general fund of the county in which the citation is administered.

(d) (1) If a fare evasion or passenger conduct violation is observed by a person authorized to enforce the ordinance, a notice of fare evasion or passenger conduct violation shall be issued. The notice shall set forth the violation, including reference to the ordinance setting forth the administrative penalty, the date of the violation, the approximate time, and the location where the violation occurred. The notice shall include a printed statement indicating the date payment is required to be made, and the procedure for contesting the notice. The notice shall be served by personal service upon the violator. The notice, or copy of the notice, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency, and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence.

(2) When a notice of fare evasion or passenger conduct violation has been served, the person issuing the notice shall file the notice with the processing agency.

(3) If, after a notice of fare evasion or passenger conduct violation is issued pursuant to this section, the issuing officer determines that there is incorrect data on the notice, including, but not limited to, the date or time, the issuing officer may indicate in writing on a form attached to the original notice the necessary correction to allow for the timely entry of the corrected notice on the processing agency’s data system. A copy of the correction shall be mailed to the address provided by the person cited at the time the original notice of fare evasion or passenger conduct violation was served.

(4) If a person contests a notice of fare evasion or passenger conduct violation, the issuing agency shall proceed in accordance with Section 99581.

(e) In setting the amounts of administrative penalties for the violations listed in subdivision (b) , the public transportation agency shall not establish penalty amounts that exceed the maximum fine amount set forth in Section 640 of the Penal Code.

(f) A person who receives a notice of fare evasion or passenger conduct violation pursuant to this section shall not be subject to citation for a violation of Section 640 of the Penal Code.

(g) If an entity enacts an ordinance pursuant to this section it shall, both two years and five years after enactment of the ordinance, report all of the following information to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation:

(1) A description of the ordinance, including the circumstances under which an alleged violator is afforded the opportunity to complete the administrative process.

(2) The amount of the administrative penalties.

(3) The number and types of citations administered pursuant to the ordinance.

(4) To the extent available, a comparison of the number and types of citations administered pursuant to the ordinance with the number and types of citations issued for similar offenses and administered through the courts both in the two years prior to the ordinance and, if any, since enactment of the ordinance.

(5) A discussion of the effect of the ordinance on passenger behavior.

(6) A discussion of the effect of the ordinance on revenues to the entity described in subdivision (a) and, in consultation with the superior courts, the cost savings to the county courts. The superior courts are encouraged to collaborate on and provide data for this report.

SEC. 18.

Section 12523 of the Vehicle Code is amended to read:

12523.

(a) No person shall operate a youth bus without having in possession a valid driver’s license of the appropriate class, endorsed for passenger transportation and a certificate issued by the department to permit the operation of a youth bus.

(b) Applicants for a certificate to drive a youth bus shall present evidence that they have successfully completed a driver training course administered by or at the direction of their employer consisting of a minimum of 10 hours of classroom instruction covering applicable laws and regulations and defensive driving practices and a minimum of 10 hours of behind-the-wheel training in a vehicle to be used as a youth bus. Applicants seeking to renew a certificate to drive a youth bus shall present evidence that they have received two hours of refresher training during each 12 months of driver certificate validity.

(c) The driver certificate shall be issued only to applicants qualified by examinations prescribed by the Department of Motor Vehicles and the Department of the California Highway Patrol, and upon payment of a fee of twenty-five dollars ($25) for an original certificate and twelve dollars ($12) for the renewal of that certificate to the Department of the California Highway Patrol. The examinations shall be conducted by the Department of the California Highway Patrol. The Department of Motor Vehicles may deny, suspend, or revoke a certificate valid for driving a youth bus for the causes specified in this code or in regulations adopted pursuant to this code.

(d) An operator of a youth bus shall, at all times when operating a youth bus, do all of the following:

(1) Use seat belts.

(2) Refrain from smoking, including electronic cigarettes.

(3) Report any accidents reportable under Section 16000 to the Department of the California Highway Patrol.

(e) A person holding a valid certificate to permit the operation of a youth bus, issued prior to January 1, 1991, shall not be required to reapply for a certificate to satisfy any additional requirements imposed by the act adding this subdivision until the certificate he or she holds expires or is canceled or revoked.

SEC. 19.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

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eCigs HQ Announces the March Mania Green Smoke Giveaway

Posted by Admin on Mar 18, 2013 in e-Cigarette News, eCigs HQ Giveaway, eCigs HQ Press Releases | Comments Off on eCigs HQ Announces the March Mania Green Smoke Giveaway

To celebrate college basketball’s most manic month, eCigs HQ™ is giving away Green Smoke® Pro Kits and FlavorMax Cartomizers

FOR IMMEDIATE RELEASE

LOS ANGELES, CA — March 18th, 2013 – eCigs HQ™ (http://www.ecigshq.com), a user-centric website dedicated to providing visitors with rankings of the best electronic cigarettes, unbiased e-cigarette reviews, industry news, coupon codes, special offers and exclusive discounts, today announced the March Mania Green Smoke® Giveaway to take place during the NCAA® 2013 Division I Men’s Basketball Championship.

eCigs HQ will be giving away a Green Smoke® Pro Kit with four additional packs of FlavorMax™ Cartomizers (valued at $159.94) to each of 3 lucky winners . Participants may enter by providing a 50-to-150-word comment on why they should win. The first 100 approved comments are eligible. The three winners will be the comment number that matches, is one greater than, and is one less than the last two digits of the April 8th Championship Game’s attendance as reported in the ESPN® Box Score.

Green Smoke has proven to be a world leader in the manufacture and sale of e-cigarettes. The quality, value, and taste are second to none.”

Laura Conzo Brady, e-Cigs HQ Editor

“We are pleased to be working with eCigs HQ on this project,” said Green Smoke® Senior Affiliate Manager, David Grayson. He continued, “In less than one year of existence, they have created a tremendous presence in the marketplace. We look forward to continuing our mutually beneficial relationship and collaborating with them on future projects.”

eCigs HQ Editor, Laura Conzo Brady added, “Green Smoke has proven to be a world leader in the manufacture and sale of e-cigarettes. The quality, value, and taste are second to none. This is evidenced by their 5-star review — one of only three awarded by eCigs HQ.” She concluded, “It has been our pleasure to find that their people and organization are “5 star” as well.”

For additional information concerning the March Mania Green Smoke® Giveaway, please visit:
http://www.ecigshq.com/march-mania-green-smoke-giveaway

About Green Smoke®

Green Smoke® Inc., based in Miami, Florida, makes the leading electronic cigarette brand, Green Smoke®. This exciting new alternative to traditional cigarettes uses the innovative and best-in-class FlavorMax™ cartomizers to provide full-flavored vapor and an unmatched smoking sensation. The company is proud to deliver not just best-value products, but a highly rated customer service experience as well. For more information, visit http://www.greensmoke.com.

About eCigsHQ™

eCigs HQ™ is dedicated to providing real and unbiased reviews of the worst and best electronic cigarettes on the market today. The reviews, special offers, coupon codes, videos, news and rankings presented are all geared towards providing consumers with the information they need to make informed e-cigarette buying decisions while enjoying the lowest possible prices on their purchases. For additional information, visit http://www.ecigshq.com.

©2013 eCigs HQ™. All rights reserved. GreenSmoke is a registered trademark of Green Smoke Inc. NCAA is a registered trademark of the National Collegiate Athletic Association. ESPN is a registered trademark of ESPN, Inc. The NCAA and ESPN are not affiliated with this offer.

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March Mania Green Smoke Giveaway!

Posted by Admin on Mar 15, 2013 in e-Cigarette News, e-Cigarette Special Offers, eCigs HQ Giveaway, Free E-cigarettes | Comments Off on March Mania Green Smoke Giveaway!

BY LAURA CONZO BRADY
Updated 3/19/13

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Update 4/9/13

Congratulations to our winners — Commenters: #6 Anna; #7 Jerry; and #8 Christine!

The official game attendance as per the ESPN boxscore was 74,326. Comment #26 (Jerry) was the exact match winner, while Anna’s Comment #25 was the next lowest number and Christine’s Comment #27 was the next highest number. Click here for a table showing how the additional entries were distributed.

We are in the process of contacting Jerry, Anna, and Christine to arrange delivery of the Green Smoke Pro Kits.

Thank you to all who participated, and special thanks to Green Smoke for sponsoring this event.

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Update 4/8/13

As it would appear (as of 7:30 P.M. EST on 4/8/13) that there will be fewer than 100 entries, the following changes are made.

Any remaining entries (the numbers between 100 and the actual number of entries) will be evenly divided amongst the current entries with any remaining numbers voided.

For example: if there are only 22 entries, each entrant will receive 3 additional entries. Comment #1 would receive #01 plus #23, #45, and #67. Comment #2 would receive #02 plus #24, #46, and #68, etc. In this instance, the leftover numbers that can not be divided equally would be 89 thru 100 (00). Those numbers would be voided. Should the last two digits of the game’s attendance match a voided number, the second-to-last and third-to-last digits of the game’s attendance would be used to select the winning number plus the next highest and lowest number winners. Should that also result in the selection of a voided number, the third-to-last and fourth-to-last digits of the game’s attendance would be used to select the winning number plus the next highest and lowest number winners. This method would be repeated as necessary until it produces a selection that is not a voided number.

Any rules not mentioned above remain the same.

In all cases regarding the Giveaway, the decisions of eCigs HQ Editors are final.

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March Mania begins on Tuesday, March 19th and ends on Monday, April 8th.

3/19: The Giveaway has begun — leave a comment to win!

TO CELEBRATE COLLEGE BASKETBALL’S MOST MANIC MONTH…

We’re giving away 3 Green Smoke Pro Kits —
each with 4 extra packs of FlavorMax™ Cartomizers!

That’s a $159.94 value to each of three winners — absolutely free!

Three lucky winners will receive everything you see above courtesy of Green Smoke and eCigs HQ™.

If your comment is one of the first 100 approved — your odds of winning are 1 in 33.33!

Here’s how to enter…

The first game of the NCAA Division I Men’s Basketball Tournament is presently scheduled to tip off in Dayton, Ohio at 6:59 PM EST (5:59 PM CST, 4:59 PM MST, 3:59 PM PST) on Tuesday, March 19th. As soon the game-opening tip-off is tapped and the game clock starts in Dayton — but NOT earlier — you may enter the March Mania Green Smoke Giveaway by submitting a Comment on this page telling us why you should win.

The first 100 Comments approved have a 1 in 33.3 chance to win!

While you may comment at any time after the tournament-opening tip-off until the end of the championship game, only the first 100 approved Comments will be eligible to win. Each approved Comment is automatically assigned a number that is visible upon publication, and that number is your ticket to win.

Here’s how you win!

The National Championship Game takes place on Monday, April 8th at the Georgia Dome. The first winning ticket will be the Comment Number that MATCHES the last two digits of the official game attendance as posted in the ESPN boxscore. The second winning ticket will be the Comment Number that is ONE LESS than the last two digits of the official game attendance as posted in the ESPN boxscore. The third winning ticket will be the Comment Number that is ONE GREATER than the last two digits of the official game attendance as posted in the ESPN boxscore.

Last year’s boxscore is here:
http://scores.espn.go.com/ncb/boxscore?gameId=320930096

If you scroll down to the bottom of the page, you’ll note that the official game attendance is listed as 70,913. If 70,913 turns out to be the attendance again this year, the winners would be Comment #13 (comment number matches the last two digits of the attendance), the next lesser number, in this case, Comment #12, and the next greater number, in this case, Comment #14. The persons who provided Comments #12, #13 and #14 would each win a Green Smoke Pro Kit plus the 4 extra Packs of FlavorMax™ Cartomizers. It’s that easy — or complicated — however you choose to see it.

The 3 lucky winners will be posted on this page on Tuesday, April 9th, 2013.

The Green Smoke Pro Kit includes:

• 1 Long Battery
• 1 Short Battery
• 2 Packs of 5 FlavorMax™ Cartomizers (your choice of flavors and nicotine levels)
• 1 USB Cigarette
• 1 USB Charger
• 1 High Powered Home Adapter
• 1 High Powered Car Adapter
• 1 Green Smoke User Guide and Member Card
• PLUS 1 Deluxe Carrying Case FREE
• MARCH MANIA BONUS: 4 Additional Packs of 5 FlavorMax™ Cartomizers (your choice of flavors and nicotine levels) FREE

The Rules

• You must be 18 years or older on March 19th, 2013 to participate.
• Only residents of the 50 U.S. states, the District of Columbia, and members of the U.S. Armed Forces serving overseas are eligible. Sorry, U.S. Territories, Canada, Mexico, U.K., Australia.
• Prizes will only be shipped to the 50 U.S. states, the District of Columbia, and APO addresses.
• Only one entry per IP address.
• All Comments are moderated. Please use language appropriate to a G-rated website. Inappropriate language as determined solely by eCigs HQ™ will void your Comment and your IP address’ eligibility.
• To insure a level playing field for all, your Comment may NOT be submitted prior to actual tip-off of the first game in Dayton (regardless of scheduled tip-off time). You may however, submit your Comment any time after the tournament’s first-game tip-off, up until the closing buzzer of the championship game scheduled for April 8th. As long as your Comment is one of the first 100 Comments approved, you are eligible to win.
• For purposes of the Giveaway, Comment #1 is ’01’. Comment #2 is ’02’, etc. Comment #100 is ’00’. If Comment #1 (01) matches the last two digits of the attendance, Comment #100 (00) is the next lesser number, and Comment #2 (02) is the next greater number. If Comment #100 (00) matches the last two digits of the attendance, Comment #99 (99) is the next lesser number, and Comment #1 (01) is the next greater number.
• Please do not provide any contact information within the text of your Comment. If you are one of the three winners, we will contact you for your full name, mailing address and cartomizer selections via e-mail address you provide in the specified form field (not visible to the public if your comment is approved and published).
• Friends and relatives of eCigs HQ™ Editors are ineligible to participate. Mom, that means you. You don’t even smoke.
• ODDS OF WINNING: If your Comment is one of the first 100 Comments approved, your odds of winning are 1 in 33.33.
• Comments determined to be ineligible by eCigs HQ™ and Comments received after the first 100 Comments are approved are not eligible to win and will not be published.

NOTE: THIS OFFER IS SUBJECT TO CHANGE/WITHDRAWAL AT ANY TIME WITHOUT PRIOR NOTICE. THIS OFFER IS VOID WHERE PROHIBITED BY LAW. THE SUBMISSION OF A COMMENT ON THIS PAGE WILL SERVE AS YOUR AGREEMENT TO ABIDE BY ECIGS HQ’S MARCH MANIA GREEN SMOKE GIVEAWAY (“THE GIVEAWAY”) RULES AND THE DECISIONS OF ECIGS HQ EDITORS AS RELATED TO THE GIVEAWAY. IN ANY MATTER RELATED TO THE GIVEAWAY, THE DECISION OF ECIGSHQ.COM EDITORS IS FINAL.

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The Safe Cig is Back. Kind of. Sort of. Maybe.

Posted by Admin on Mar 5, 2013 in e-Cigarette News | Comments Off on The Safe Cig is Back. Kind of. Sort of. Maybe.

BY LAURA CONZO BRADY
Editor, eCigs HQ
Posted 3/5/13

March 7th, 2013

The following message was received today from The Safe Cig Founder, Rob Deak:

March 6th, 2013

It would appear that Safecig has removed the YouTube video announcing their partnership with the Seminoles. Curiouser and curiouser.

Some customers complain that ordered products are not shipped as agreed, or, they receive nothing.”

The Safe Cig complaint information from the Better Business Bureau website

Plagued by out-of-business rumors based on a number of factors including: the disappearance of their website; a disconnected customer service number (866-997-2332), numerous customer complaints, pending lawsuits; and an “F” rating with the Better Business Bureau; on February 26th, The Safe Cig reemerged on YouTube to announce a partnership with the Florida Seminole Tribe. But is the company really “back in business” or simply using a partnership with a quasi-sovereign nation to evade the jurisdiction of U.S. courts and FDA regulation? The entire episode is so bizarre we hardly know where to begin. But we’ll try.

The headline beneath the YouTube video reads, “Safecig™ Announces Partnership with the Seminole Tribe of Florida 2013.” Note that the company is referred to as “Safecig” and not as it was formerly known, “The Safe Cig.” This is not a typo as “Safecig” is repeated throughout the video description that goes on to say that the company will be manufacturing e-cigarettes in the U.S. in 2013, and ends with the promise of “more details to follow shortly.”

Many report they are unable to contact the company to inquire on the status of their order or to request a refund.”

The Safe Cig complaint information from the Better Business Bureau website

While it seems odd to make such an announcement on YouTube rather than with a press release, the story gets stranger. The first half of the video is footage of peoples’ reactions to Seminole electronic smoking products at a trade show intermixed with various VIPs posing with the retro-uniformed Seminole E-cigarette Girls. The Safecig is not mentioned. The second half begins with a title card announcing that the partnership was formed in 2012, and not 2013 as indicated in the headline beneath video. The title card concludes with the bold claim that the “new entity” will easily be a decade ahead of the competition.

The sequence that follows features four men in discussion: Safecig Founders, Jon and Rob Deak; a tuxedo-clad third man whose face is intentionally blurred to obscure his identity (we kid you not); and “Original Electronic Cigarette Inventor, Herbert A. Gilbert,” Rob Deak states, “We’re very, very detail oriented as far as anything you can possibly think of down to the little tiny line underneath of our logo, the mechanics of the cigarette. We have world class engineers that are working for us. We’re just so passionate and we’re happy to be able to do this.” Mr. Gilbert adds, “Thank goodness the world has changed, and people like you are making it better, I’m proud to be a part of it”. We assume he is addressing the two Deaks and not the gentleman with the blurred face.

In some cases customers complain they are charged multiple times for the same items, or that batteries or other parts are defective.”

The Safe Cig complaint information from the Better Business Bureau website

U.S. and international courts have upheld electronic cigarette patents granted in 2003, 2004, and 2011 to Hon Lik (widely known as the inventor of the electronic cigarette) for Dragonite International Limited (successor in interest to Mr. Lik’s former employer, Ruyan Technology & Development Co., Ltd). However, Mr. Gilbert’s Patent for a “smokeless non-tobacco cigarette” was issued nearly 40 years prior in 1965. But why involve him with the Seminole/Safecig partnership?

We believe that Mr. Gilbert may act as a trump card for the new enterprise. Dragonite has filed suit for patent infringement against numerous e-cigarette brands including The Safe Cig, NJOY, Smoking Everywhere, Instead, Magic Puffer, Mistic, 21st Century Smoke, FIN, Blu Cigs, Logic, Nicotek Metro, Smoke Fifty-One, Krave, and Green Puffer. A number of these companies have defaulted, others have agreed to judgments against them, and some (notably Blu Cigs), have paid damages in out-of-court settlements. Many of the cases (including that against The Safe Cig) are still pending.

If U.S. Courts find that Safecig is the successor in interest to The Safe Cig, it follows that Safecig will need to default, defend, or pay up. However, Safecig may claim that their design is based on Gilbert’s 1965 patent and therefore Dragonite’s suit is without merit. A counterclaim is certainly possible.

Additionally, Safecig may be able to avoid the execution of any judgments entered against them if they are able to obtain a favorable ruling finding them outside of US Civil Court jurisdiction based on their partnership with the quasi-sovereign Seminole Tribe.

We find irony in Safecig’s claim that it will be “the first company to manufacture electronic cigarettes on American soil starting in 2013,” while their attorneys may well attempt to place the company outside the U.S. for purposes of legal jurisdiction.

Of course none of the legal matters are addressed in the video which continues with more visitors to the Seminole booth sampling and commenting on Seminole electronic smoking products. Highlights include Tribe President, Tony Sanchez and then Chief Financial Officer, Michael Ulizio posing with mini-skirted Seminole e-cigarette girls. The guy with the blurred face had no such luck.

The video concludes with a title card featuring the new Safecig logo and the Seminole logo side by side. The copyright reads “© 2007 – 2003 Safecig Inc™ A Florida Based Corporation. All Rights Reserved.”

Finally, we apologize that we were unable to explain the guy with the blurred-out face. But, we’re working on it.

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Safecig™ Announces Partnership With
The Seminole Tribe of Florida 2013

Note: Rob Deak, one the Safe Cig’s original founders, posted this diatribe on Tumblr earlier this week.

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Breathe Fresh Addresses Battery Issues

Posted by Admin on Feb 15, 2013 in e-Cigarette News | Comments Off on Breathe Fresh Addresses Battery Issues

COMPILED BY ANNE METZGER
Editor, eCigs HQ
Posted 2/15/13

Complete text of letter from Breathe Fresh to its customers addressing battery problems:

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• Type newpolicy into the box marked ‘Apply Coupon’, hit the ‘Go!’ button and you’ll receive a 30% discount on your Breathe Fresh Version 2.0 Starter Kit purchase. This coupon code offer expires at the end of the month — so please place your order promptly.

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FDA Prepares to Regulate E-cigarettes

Posted by Admin on Feb 7, 2013 in e-Cigarette News, FDA | Comments Off on FDA Prepares to Regulate E-cigarettes

BY LAURA CONZO BRADY
Editor, eCigs HQ

…and the horse you rode in on. FDA Commissioner, Dr. Margaret Hamburg.

Thursday, February 7th, 2013

There’s a New Sheriff in Town

As you know, e-cigarettes have the potential to positively impact the lives of millions of tobacco smokers worldwide. This coming April however, the FDA will propose regulations that may pose a real threat to the entire electronic smoking industry and the people that use e-cigs. This is unfortunately a direct result of the disinformation campaigns and corporate lobbying efforts of the big tobacco and big pharmaceutical companies.

You can read more about this specifically and other health, medical and political topics on Dr. Michael Siegel’s Blog — a doctor and industry expert who is pragmatic, sensible and progressive in his evaluation of e-cigarettes as a viable alternative to smoking. It is certainly a worthwhile read for e-cig users.

Big Tobacco: Fail

Big Tobacco has consistently failed smokers. Rather than work towards making their products safer, Big Tobacco spent their billions developing more addictive cigarettes — even when those efforts meant adding an ever-greater number of toxins to their products — further endangering the lives of their customers.

Big Pharma: Fail

Big Pharma has consistently failed smokers. Rather than develop smoking-cessation products that actually worked, Big Pharma spent their billions convincing doctors to prescribe these ineffective and expensive FDA-approved solutions while down-playing the evidence that showed their products had roughly the same success rate as placebos.

Empty Barrels

Despite all this, it is the lobbyists of Big Tobacco and Big Pharma whose voices have echoed most loudly throughout the halls of Congress during the electronic smoking debate — arguing against common sense in their efforts to convince our legislators that e-cigarettes pose a significant danger to the public.

Your voice is needed!

Contact your Congressional Representatives and let them know your thoughts on e-cigarettes, and that you want the FDA to support electronic smoking industry efforts to advance the use of their products, not restrict them.

Click here to find your Congressional Representatives >

Some content courtesy of Bloog Electronic Cigarettes.

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The Safe Cig Appears to be Out of Business

Posted by Admin on Feb 5, 2013 in e-Cigarette News | Comments Off on The Safe Cig Appears to be Out of Business

BY LAURA CONZO BRADY
Editor, eCigs HQ

Tuesday, February 5th, 2013

The Safe Cig, one of the better-known electronic cigarette brands, appears to be out of business. While we have not received any official word of this, a number of indicators currently point towards this conclusion.

The Safe Cig’s toll-free number, 866-997-2332 is out of service. As of Monday, February 4th, 2013, the website has been down and its security certificate has been revoked. Their affiliate marketing network provider, ShareASale, lists the account as “closed.” In a telephone conversation earlier today, ShareASale indicated that they are awaiting information, but at least for now, The Safe Cig account is closed.

We are presently awaiting responses from The Safe Cig to e-mail requests for additional information. If responses are received, we will update this page accordingly.

BBB Complaints

According to information received earlier today, there seem to have been complaints about the product availability and customer service during the last twelve months.

The Safe Cig, LLC. of 1051 Cole Avenue Suite A, Los Angeles, CA 90038 presently holds an ‘F’ rating with The Los Angeles, Orange, Riverside, and San Bernardino Counties of Southern California Office of the Better Business Bureau. Their BBB accreditation was revoked 2/23/12, “due to its failure to adhere to the BBB requirement that an accredited business must be free of an unsatisfactory rating and maintain at least a B rating at the accrediting BBB and the BBB where it is headquartered, if different; promptly respond to all complaints forwarded by BBB.” Of the 100 complaints closed by the BBB, 84 were closed in the last 12 months.

An Innovative Brand

Over the course of the last few years, The Safe Cig CEO, John Cameron (brother of famed Titanic Director, James Cameron), became something of a fixture on TV news shows, often appearing as an expert guest in segments discussing issues related to vaping. John would extol the benefits of electronic cigarettes in general, while detailing the features that set The Safe Cig apart from its competitors.

ECigs HQ rated the Safe Cig highly, as it was a high-quality brand that devoted tremendous resources to self-imposed quality standards and safety testing. The Safe Cig website included a ‘Certificates and Transparency’ page that provided consumers with detailed ingredient listings as well as certified third-party laboratory safety testing results.

We are genuinely sorry to see the demise of The Safe Cig, and hope that they do everything possible to ensure that all claims against the company are settled expeditiously and to the satisfaction of their customers.

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Is NJOY Phasing out Rechargeable E-cigarettes?

Posted by Admin on Feb 5, 2013 in e-Cigarette News, e-Cigarette Videos | Comments Off on Is NJOY Phasing out Rechargeable E-cigarettes?

BY LAURA CONZO BRADY
Editor, eCigs HQ

Updated Friday, February 8th, 2013

NJOY, one of the most established electronic cigarette brands on the market, appears to be phasing out rechargeable e-cigarettes.

While eCigs HQ has not received any official word from the company to confirm or deny this, we do know that the NJOY Deluxe Starter Kit is no longer available and the NJOY website now lists only one rechargeable, the Express Starter Kit.

An NJOY Customer Sales Representative reached by phone today could not provide additional information regarding the Deluxe Starter Kit other than to say that it was presently “out of stock.” When questioned as to why the kit would be entirely removed from the website if it were it simply “out of stock,” she indicated that she did not have any information regarding its future availability, or the continued availability of rechargeable kits other than to say that the Express Kit is currently available for purchase.

NJOY Executive Vice President, Roy Anise provided the following response to our request for additional information regarding the future of rechargeable NJOY e-cigarettes:

The Revolutionary NJOY King Disposable

On Dec 6th, 2012, NJOY introduced their innovative disposable electronic cigarette, the NJOY King. Unlike any e-cigarette seen before or since, the NJOY King:

• Is extremely light weight
• Has a paper-like texture
• Includes a “soft filter”
• Is essentially the same size as a king-size tobacco cigarette

While the King has received kudos from retailers, the vaping public’s reviews have been decidedly mixed. Based on the comments posted at eCigs HQ, there appear to be issues with longevity. A number of commenters have claimed that the Kings simply do not last very long. As there is no way for us to determine if the comments posted are indeed genuine, unbiased appraisals, eCigs HQ will perform its own analysis in the coming days and update this page with our results.

The Disadvantages of Disposable E-cigarettes

While disposable electronic cigarettes are certainly popular enough to occupy coveted counter space in major convenience store chains like 7-Eleven, they are not the overwhelming choice of former smokers who generally prefer rechargeable two-piece designs.

In addition to offering a greater range of flavors, nicotine levels, and batteries, rechargeables provide consumers with a far more cost-effective way to vape. Consider that the NJOY King currently retails for approximately $8.00 per single disposable, while eCigs HQ’s three top-rated brands average less than $3.00 per cartomizer. Excluding starter kit costs, that’s a greater than 50% savings.

In a cost comparison against a premium brand like Green Smoke that assumes a one-to-one longevity equivalency between an NJOY King disposable and Green Smoke’s acclaimed FlavorMax™ Cartomizer, a former pack-a-day smoker would save $5.05 per day, $35.48 per week, $153.73 per month, and $1,844.70 per year* by using Green Smoke rechargeable e-cigs even when you include the $99.97 cost of the Green Smoke Pro Kit.

Is a new King coming?

According to projections by Wells Fargo Securities, NJOY currently controls roughly 39% of the retail electronic cigarette market with a formidable online presence in addition to nearly 30,000 retail outlets. It is the opinion of eCigs HQ that dropping rechargeable e-cigarettes from their product line would be a risky long-term strategy for an established brand like NJOY. We believe that a third possibility exits.

While we have no information to support our contention, we believe that NJOY will likely apply the innovative features of the disposable NJOY King to a new rechargeable product line. Based on their current market presence, such a move would in all probability, further solidify their current standing as the leading manufacturer of electronic cigarettes for now and the foreseeable future.

*Assumes purchase of Green Smoke FlavorMax™ Cartomizer 16-packs at $212.97 per 80 cartomizers.

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The NJOY King Disposable E-cigarette

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