A US congressman continued to protest a proposed ban on e-cigarettes on planes this week by vaping during a markup.

Republican Duncan Hunter pulled out two different devices to illustrate what he argued were flaws in an amendment that Delegate Eleanor Holmes Norton offered to an aviation bill.

The proposal would prohibit e-cigarettes on planes by changing the definition of smoking to include “a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.”

Hunter, however, argued that the definition is problematic.

He proceeded to take out a small electronic cigarette that contained nicotine and took a puff from it. Then he pulled out a larger red vaporizer that contained no nicotine.

“This is not covered … under Ms. Norton’s amendment,” said Duncan, who puffed on the second device in the exact same manner to prove his point. “That doesn’t make sense to me. Either say that an e-cigarette is illegal, whether it has nicotine or not in it.”

The panel ultimately decided, in a 30-29 vote, to include Norton’s amendment in the aviation bill.

The Department of Transportation has already banned the use of e-cigarettes on flights, meaning flight attendants can already stop passengers from vaping.