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Bill Banning Sale Of E-Cigarettes To Minors May Not Pass In New York

E-Cigarette (file/credit: Robin Utrecht/AFP/Getty Images)

E-Cigarette (file/credit: Robin Utrecht/AFP/Getty Images)

CBS New York (con't)

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ALBANY, N.Y. (CBSNewYork/AP) – It could go up in smoke.

A bill that would ban the sale of electronic cigarettes to minors appears unlikely to pass before the New York legislative session ends next week.

E-cigarettes are plastic and metal devices that heat a liquid nicotine solution in a disposable cartridge creating vapor that a smoker inhales.

The devices are unregulated in New York, even for youths. They can be smoked anywhere, any time. Additionally, the water vapor the devices expend doesn’t violate any anti-smoking laws.

The Food and Drug Administration is continuing a lengthy review of e-cigarettes, and has said e-cigarettes could still be regulated as drugs or drug-delivery devices if they are “marketed for therapeutic purposes,” — for example, as a stop-smoking aid.

Alaska, Idaho, Kansas and Maryland have already banned e-cigarettes from being sold to minors (in Alaska, that’s anyone under 19 years old). At least 13 states have introduced laws over the last two years to regulate e-cigarettes, according to the National Conference of State Legislatures. South Carolina and Tennessee have proposed bans, but no state has enacted one.

(TM and Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)