We received this email last year:
tl'dr: E-Cigs are classified and are to be treated as a tobacco product.
FEDERAL LABOR RELATIONS AUTHORITY DECISION:
In the case of the Department of the Air Force, 87th Air Base Wing, Joint Base McGuire-Dix-Lakehurst, New Jersey and Local 1778, American Federation of Government Employees, AFL-CIO, the use of indoor use of E-cigarettes was at issue. The case summary is outlined below:
The union argued that because electronic cigarettes do not emit smoke or use any tobacco, there is no chance that users would expose others to secondhand smoke or other harmful emissions. Indoor use of these products, therefore, is entirely appropriate. Additionally, a growing body of anecdotal evidence demonstrates that individuals have been using electronic cigarettes as an effective tobacco cessation product. To add to the body of anecdotal evidence, one of the union's representatives testified at the informal conference that he has used electronic cigarettes to help him quit smoking. Thus, electronic cigarettes should be considered permissible safe tobacco cessation products until scientific and/or medical studies prove otherwise.
Management argued that electronic cigarettes are correctly classified as tobacco products and are, therefore, properly subject to the limitations of the Air Force tobacco use policy. In this regard, the Air Force is merely following the lead of the United States Food and Drug Administration (FDA) which has classified electronic cigarettes as a tobacco product and is in the process of drafting regulations to govern their use. Additionally, there is no medical consensus regarding whether electronic cigarettes are an effective tobacco cessation product and the FDA does not afford such treatment to electronic cigarettes. Nor does any major tobacco cessation program include the use electronic cigarettes as part of the program.
Finally, medical studies have not conclusively determined whether the vapor emitted by electronic cigarettes is harmless to individuals who are exposed to it. Many electronic cigarettes contain nicotine, and no study has definitively stated what, if any, health effects water vapor mixed with nicotine could have on individuals exposed to the vapor.
The Panel sided with management banning the indoor use of electronic cigarettes. It held that in the face of concerns about safety, there is no scientific evidence that conclusively addresses whether the vapor emitted by electronic cigarettes could harm others. Given this uncertainty, it would be inappropriate to allow the indoor use of electronic cigarettes because other individuals could be exposed to potentially harmful substances. We believed that permitting the outdoor use of such products was in accordance with the parameters of the overall smoking policy/negotiated agreement is an appropriate way to address safety concerns outdoors.
If you would like to read the case and the decision in its entirety, please click on the following link: http://www.flra.gov/node/16262.