E-Cigarette Forum - Legislation News

Illinois Senate passes bill to ban ecig sale to minors

CoRporis — Wed, 22 May 2013 17:10:13 GMT

FYI

Illinois Senate approves electronic cigarette ban for minors

New York A.B. 7106 / S04365 Would Tax E-Cigarettes at 95% Wholesale Price!

Placebo Effect — Tue, 21 May 2013 02:25:23 GMT

CASAA: Call to Action! New York Bill to Impose 95% Tax on E-Cigarettes and Smokeless Tobacco -- A.B. 7106

URGENT (5/20/2013): This bill may be heard before the New York Assembly Health Committee on Wednesday, May 22, 2013 in Albany. Public testimony is generally not taken at these meetings, but vapers should attend because there will be news media present, as well as an opportunity to meet personally with legislators and/or their aides. Please e-mail us at board@casaa.org if you can attend.

If this bill does pass the Health Committee, this battle is far from over. In 2010 and 2011, the Health Committee voted to ban sales of electronic cigarettes to adults. Neither became law, and that was thanks in part to the hundreds or thousands of comments these legislators received in opposition.

----

New York: Bill to Tax E-Cigarettes & Smokeless Tobacco at 95% of Wholesale Price -- A.B. 7106

[full text + legislative tracking]

If enacted, this bill wold:

Tax electronic cigarettes products containing nicotine by redefining "tobacco products" under New York law to include any product "containing tobacco or nicotine that is intended or expected to be consumed."
Impose a wholesale tax on all smoke-free products (e-cigarettes, smokeless tobacco, dissolvable tobacco) of 95%. E-cigarettes are not currently taxed under New York law, but enactment of this bill would constitute a 27% increase for adult smokeless tobacco consumers.
Require e-cigarette vendors to obtain a tobacco retail license to sell e-cigarettes (see N.Y. TAX LAW � 480-A)

If you are from New York, you must also contact your representative in the New York General Assembly and Senate and tell them that you're an e-cigarette or smokeless tobacco user, you vote, and you don't want the unnecessary tax hike in A.B. 7106 to become law.

Delaware HB 138 would tax e-cigarettes + smokeless at 30%

Placebo Effect — Tue, 21 May 2013 02:11:42 GMT

HB 138 would double the Other Tobacco Product tax from 15% to 30% of wholesale price, and redefine "tobacco product" to include electronic cigarettes. This bill would impose a new tax on electronic cigarettes and double the tax on smokeless tobacco.

Call to Action! Delaware Bill to Impose 30% Tax on E-Cigarettes and Smokeless Tobacco -- HB 138

[full text + legislative tracking]

If enacted, this bill wold:

Tax electronic cigarettes by redefining "tobacco products" under Delaware tax law to include any product "made or derived from tobacco that is intended for human consumption . . . or any component, part, or accessory of a tobacco product."
Impose a wholesale tax on all smoke-free products (e-cigarettes, smokeless tobacco, dissolvable tobacco) of 30%. E-cigarettes are not currently taxed under Delaware law, but enactment of this bill would constitute a 100% increase for adult smokeless tobacco consumers. The Delaware Department of Finance will be given the power to decide whether this tax would be applied to e-cigarette disposables, liquid, mods, cartomizers, atomizers, batteries, etc.
Require e-cigarette vendors to obtain a tobacco retail license to sell e-cigarettes (see Title 30, �5307)
Make it a crime punishable by up to 90 days in jail and a $1,000 fine for a Delaware citizen to have more than ten "packages" of untaxed e-cigarettes. (see Title 30, �5342).

How to get lawmakers to actually listen

Berylanna — Sat, 18 May 2013 18:37:59 GMT

My CA state senator (to Sacramento, not D.C.) had his monthly "coffee with your senator" this morning. He is in his district from Thursday nights to Sunday afternoons when the legislature is in session. I signed up on his web site a week in advance, and showed up early to sign up again for actual speaking order at the coffee. (Saturday mornings once a month.)

When I got to him, he said he'd never heard of the bill. By the time we were done (which included a quick almost-stealth vape in front of him, which DID impress him with the harmlessness of vaping!) I don't know if I got his vote, but I at least HALF-got it, he'snot going to do an automatic party-line "yes."

THIS IS A BIG CHANGE. Up to now, I have emailed him, called his offices, talked to his staffers 3 times, sent him a huge information packet to his Sacramento office via snail mail, and hand-sent a big info packet to his local district office. He voted yes on the Health Committee. (He did not attend the hearing but all the committee votes were party-line.)

Although getting an appointment with him might have taken weeks, and might not have been possibly unless I could get a group of people together (which turns out to be MUCH harder than I thought with only ECF to communicate through!) getting into these monthly coffees was pretty easy.

So, if you want to be SURE your concerns about anti-vaping laws don't end up in the round file before they even REACH your legislator or state senator (or Federal Congresscritter for that matter!) -- FIND a way to get to them in person. (This does NOT mean to not email, call, or write, because emails made a big difference in Utah, and numbers mean something always, but for an obscure issue, the IN-PERSON visit made all the difference!)

Even signing up for their spam on their web site gets you notices of how to "get to" them -- I didn't sign up directly but since I emailed him once, I got his notice about this event, signed up instantly, and got in.

These people DO spend time in their districts, which means you can get to them in person. I think this pretty much applies to anybody below the level of U.S. Senator, and probably even includes them in smaller states. Even if you only get 30 seconds, it puts a face on the issue.

DO IT. They are often available from time-to-time on evenings or weekends because THEY work weekdays too.

USHoR investigating circumstances as to why deputy commisioner of tobacco resigned

transamspirit — Tue, 14 May 2013 16:38:19 GMT

House panel questions resignation of top FDA official

Crazy thing is she only had the position for 6 months.
I know the ecig industry is about to go to war so to speak. Would this have anything to do with us?

Reynolds American Inc. - has developed an E-Cig

autojohn — Fri, 10 May 2013 17:41:04 GMT

Think I will drive by today and see what they are up to. Company to expand e-cig operation - Winston-Salem Journal: Local - hope this link works.

Re-post of my correspondence with my district legislator by request of SmokeyJoe.

ProngATO — Fri, 10 May 2013 11:20:59 GMT

Just a copy of my correspondence with my local Oklahoma representative. He claims his wording was a typo, I think he meant exactly what he said. MY representative that I voted for sees me as nothing but trash. It's embarrassing. Here is a copy of the email correspondence after I saw the call to action. My original message started from the bottom up. I found it odd that he thought I was "threatening" him when I didn't no such thing. This man is of low integrity and since I have a vote because I love in Edmond, OK I will do everything in my part to make sure he is not re-elected.

"On Apr 16, 2013, at 4:00 PM, Mark Passarelli wrote:

On April 9, 2013, after somewhere between 250 and 300 e-cigarette users and members of the Oklahoma business community came out to Oklahoma City to protest SB 802 (a bill authored by RJ Reynolds), the House Health Committee wisely voted unfavorably on the bill.

SB 802 was sponsored by Senator Rob Johnson (who previously falsely claimed that e-cigarette companies sold their products in malls so they could target youth). Unfortunately, it appears that Senator Johnson is not giving up.

Senator Rob Johnson quietly pushed SB 802 through the Oklahoma Senate by attaching it as an amendment to an entirely unrelated bill, HB 2097.

Edmond Republican Sen. Rob Johnson attached the new language to a bill Tuesday in the form of an amendment that narrowly passed on a 23-22 vote. The bill now returns to the House for consideration of Senate amendments.
Read more: Tax plan for e-cigarettes revived in Okla. Senate - SFGate

So, these are all lies? Interesting.

On Apr 16, 2013, at 3:50 PM, Senator Rob Johnson Gmail wrote:

Mark,
I'm happy to visit with you at any time. I can not control if you are receiving and believing information that is untrue. I have spent the better part of my career trying to encourage alternatives to cigarettes which is what I am still doing. I cannot control if people do not understand the legislation or are not truthful about it. I've spoken with Sean Gore who is evidently the president of the local vaping association and he understands what I am trying to do. So why I can't prevent you grime threatening me, I would ask you at least understand what I'm doing instead of issuing threats over something that you are misinformed on. Like I said, I'm happy to visit with you at any time if you truly would like to discuss the issue.

Rob

Sent from my iPhone

On Apr 16, 2013, at 3:44 PM, Mark Passarelli wrote:

Stop your attacks on e-cigarettes. They are helping hundreds of
thousands of people stop smoking real cigarettes. I had previously
been a smoker for 20 years. I also have ulcerative colitis, my
gastroenterologist advised me NOT to stop smoking because it helps my
symptoms. Now I have a way to get nicotine without all the additives.
Your original bill was squashed and now you try to push it through as
a rider on an unrelated bill?! Remember you're opening a door that
you cannot shut, now you'll have to tax nicotine gum, nicotine
patches... Where does it stop? Vote FOR your people not against us.
If you continue your attack on vaping and alternatives to smoking, I
will do my best to make sure you aren't re-elected.

Mark Passarelli

I was absolutely floored at his defensive responses to my email regarding laws being purposed here in Oklahoma. I am absolutely ashamed that I voted for him in the last election. Rest assured, with his actions, multiple purposed of bills, trying to sneak legislation past as a rider in another bill after it was defeated and his general lack of a relaxed, intelligent response to a voter and concerned citizen IN his district (Edmond, OK) I will be extremely politically active when elections roll around again. I am a degreed professional from Oklahoma State University and hold three degrees. To have my state legislator respond in an email treating me like a small child was beyond disrespectful. I am a registered republican and in most ways very conservative. It's obvious he is getting kickbacks from RJ Reynolds to keep trying to smash this legislation through the state and local jurisdictions. He has straight out lied to me in this correspondence and repeatedly accused me of "threats". If saying that I will do my best to make sure he doesn't get re-elected is a threat, that is completely subjective. Quite the contrary, he, RJ Reynolds and other lobbyists are threatening me, you and every other vaper that has quit cigarettes in favor of a much less dangerous way to enjoy nicotine. Why wouldn't you want an average of 1.5 million people quitting analogs per year? (Tax money lost, medical money lost treating related diseases and complications and the big tobacco companies losing their customers that they have had addicted for decades).

Ive spoken to two medical doctors and they were both in favor of vaping in general. It's much less harmful to the immediate user and all those around them. I NEVER would have expected the great state of Oklahoma to be spearheading the plan to ban, regulate, tax and erroneously classify e-juice as a "tobacco product" when nothing could be farther from the truth. We all need to rally and kill these bills and if need be, remove Mr. Rob Johnson from office.

Band together people, there is safety in numbers and we can continue to grow the grass-roots effort to a level they never expected. I believe STRONGLY and passionately about this issue because of some of my health concerns detailed in my original email to him. It was very apparent he cares NOTHING about the individual suffering that now has a safer alternative to help treat a disease that is incurable and more concerned about perceived "threats" in addition to the countless dollars lining his pocketed from RJ Reynolds.

Thank you for your time reading my thoughts, I appreciate your time.

Mark

Kitsap County, Washington

Demarko — Fri, 10 May 2013 04:44:42 GMT

"They haven't made a decision yet, but based on the discussion they had at a meeting on Tuesday it sounds like they plan to regulate e-cigarettes like they do cigarettes and marixxxx � no smoking indoors, must be 25 feet from buildings, etc.

Unlike Tacoma/Piece County that imposed similar regulations but allowed an exception for retailers to be able to vape in their stores, the Kitsap health board wants to also make it illegal to vape in a business that sells e-cigs."

From a reporter at the Kitsap Sun. By the way, WA already has a sales ban to minors.

Bill to be introduced in PA that would ban smoking in all bars and casinos, and ban e-cig use in all workplaces

Bill Godshall — Tue, 07 May 2013 20:39:41 GMT

Republican PA State Rep. Mario Scavello is circulating a bill throughout the PA House for consponsors that would ban smoking in all PA bars and casinos, but would also ban e-cigarette use in all PA workplaces.
http://www.legis.state.pa.us/WU01/LI...12722_3402.pdf

Left a voice message for Rep. Scavello to contact me (I've known him for more than a decade, as he cosponsored the PA Clean Indoor Air Act for many years before it was enacted in 2008), and I'll be urging him to remove the e-cigarette provision from the bill that I otherwise strongly support.

I suspect the drug industry funded ACS, AHA, ALA urged Scavello to include an e-cig usage ban in the bill.

The good news for vapers is that Scavello's bill faces little chance of passage, as does Senator Greenleaf's legislation that would ban smoking in all bars and casinos (but that wouldn't ban e-cig use).

Below is Scavello's cosponsorship memo, which at the bottom inaccurately states that Smokefree Pennsylvania supports the proposal.

Memorandum

Posted: May 7, 2013 03:03 PM

To: All House Members

From: Representative Mario Scavello

Subject: Amendment to the Clean Indoor Air Act

In the near future, I plan to introduce legislation that will strengthen the Clean Indoor Air Act (CIAA) by eliminating exceptions to the statewide smoking ban and providing for local ordinances. I introduced this legislation last session as HB 845. In addition, this legislation was introduced in the Senate last session as SB 35.

On September 11, 2008, Pennsylvania implemented the Clean Indoor Air Act (CIAA), a major step forward in Pennsylvania by removing secondhand smoke in about 95% of workplaces and public areas in this Commonwealth.

However, Pennsylvania’s CIAA contains a dozen exceptions, including drinking establishments with less than 20 percent food sales, portions of casino floors, hotel rooms and private clubs. In addition to creating confusion and making it difficult to implement the new law, these exceptions also create an unbalanced market for businesses. Many small businesses have been negatively impacted by the exceptions because some are not eligible for an exception where another very similar business is eligible and can allow smoking. In addition, these exceptions leave some individuals unprotected from secondhand smoke.

Under this legislation, the following exceptions are removed from the CIAA: Drinking establishments, gaming floors, private clubs, residential facilities, fundraisers, tobacco promotion events, full service truck stops, hotel guest rooms and the workplace of tobacco manufacturer, wholesaler or processer of tobacco products. To ensure that smoking is prohibited in these places, they have been added to the definition of “Public place.” This legislation also adds language that prohibits smoking in any outdoor deck, patio, or similar outdoor service area of a food or drinking establishment. This revision is similar to a ban contained in the Philadelphia Clean Indoor Air Worker Protection Law.

Electronic cigarettes are defined and included in the term smoking as these devices provide a vapor of nicotine for the use of inhalation.

The CIAA currently supersedes all local ordinances concerning smoking in public places with the exception of the ordinance in the City of Philadelphia. This legislation would remove the state preemption language and give all political subdivisions the ability to enact smokefree ordinances that are more protective than state law. According to the American Nonsmokers’ Rights Foundation, 39 states do not preempt local governments from adopting more stringent smokefree rules than state law.

The adoption of this legislation will provide Pennsylvania with a truly comprehensive smoking ban law. We would join 25 other states with comprehensive smokefree laws. This measure is supported by the American Lung Association, the American Heart Association, the American Cancer Society, and Smokefree Pennsylvania.

Please support us in fighting the eu ban

LVD — Tue, 07 May 2013 20:21:34 GMT

It's D-day in the european parlement; tomorrow the 8th they will decide on our future as vapers. A twitter and facebook action has been started to flush them with messages.

I would like to ask all vapers and friends to copy the following message to the Facebook or Twitter account of the European parlement and to spread the message in your networks and to other forums:

@Europarl_FR
Electric cigarette:
Tobacco store = back to tobacco
Drug store = back to tobacco
Let us our freedom of choice
#AIDUCE

The twitter account : https://twitter.com/Europarl_FR

The FB account : https://www.facebook.com/europeanparliament?fref=ts

Thanks for your support

FDA details barriers for submitting SE, MRTP and New Tobacco Product applications, falsely claims agency's goal is to reduce morbidity and mortality

Bill Godshall — Tue, 07 May 2013 19:36:02 GMT

Title of article by FDA’s former CTFP director Lawrence Deyton and DHHS’ Corinne Husten falsely claims FDA's goal is to reduce tobacco morbidity and mortality, but then delineates many unwarranted and expensive barriers (i.e. SE, MRTP and New Product guidances) the agency has issued that effectively ban new smokeless tobacco products, and prevent smokers from being truthfully informed that smokefree alternatives are far less hazardous than cigarettes.

Understanding the Tobacco Control Act: efforts by the US Food and Drug Administration to make tobacco-related morbidity and mortality part of the USA's past, not its future
http://www.thelancet.com/journals/la...735-7/fulltext

In the article, Husten and Deyton also restate FDA’s intent to propose/approve a “deeming regulation” for OTP and reveal (without acknowledging) how Sections 905(j) and 910 of the TCA would once again ban e-cigarettes if the “deeming” regulation is approved, but fail to provide any public health benefits of the deeming regulation (as none exist).

Texas House approves bill to cut smokeless tax 34%, and to impose a $.55/pack fee on cigs sold by NPMs.

Bill Godshall — Tue, 07 May 2013 19:20:45 GMT

Texas House approves (85-53) legislation (HB 3536) to reduce smokeless tobacco tax by 34% (from $1.22 to $.80/ounce), and to impose a $.55/pack fee on cigarettes manufactured by nonparticipants in the State�s settlement with cigarette companies.
Texas Legislature Online - 83(R) History for HB 3536
Texas Legislature Online - 83(R) Text for HB 3536
Texas House Approves Tobacco Tax Bill | KRWG
http://www.texastribune.org/2013/05/...acco-tax-vote/

UAE Tobacco Control Program head upset smokers are switching to e-cigs, calls for stepped up enforcement of sales ban

Bill Godshall — Mon, 06 May 2013 17:02:54 GMT

Dr Wedad Al Maidour, head of the UAE National Tobacco Control Programme, protects cigarette markets and threatens smoker�s health by calling for strict enforcement of e-cigarette sales ban.
E-cigarettes ban in UAE goes up in smoke | GulfNews.com

This lady is a menace to public health. The good news is that the e-cigarette black market is saving lots of lives.

NC Vapers Please sign a Do NOT pass petition

paddymx — Sun, 05 May 2013 21:45:08 GMT

I just signed the petition "NC House Judiciary Subcommittee B and Senate Health Care Committee: DO NOT PASS--NC HB 864/SB 630-Arbitrary Online E-Cig Sales Restrictions" on Change.org.

It's important. Will you sign it too? Here's the link:

http://www.change.org/petitions/nc-h...share_petition

Reynolds bill in South Carolina (H 4074) would tax, require license to sell �vapor products�

Bill Godshall — Thu, 02 May 2013 23:44:22 GMT

Reynolds sponsored bill in South Carolina (H 4074) would tax �vapor products�, and would require a state issued license to sell them.
2013-2014 Bill 4074: Subject not yet available - South Carolina Legislature Online
South Carolina Legislature Mobile

The bill was just introduced two days ago, and has been referred to the SC House Ways and Means Cmte.

Interestingly, this bill doesn't even ban the sale of "vapor products" to minors, and I don't recall SC enacting a law banning their sales to minors.