On September 29th I received notice from CASAA that the Nebraska General Affairs Committee was going to consider regulation to deal with teen vaping and possibly the taxation and availability of eCigarettes in general. So... I sat down and looked at the evidence and decided to jump in as an activist. Here's the text of my letter to the General Affairs Committee:
September 30, 2013
The Honorable Members of the General Affairs Committee:
Senator Russ Karpisek (Chairperson),
Senator Bob Krist,
Senator Scott Lautenbaugh,
Senator Colby Coash,
Senator Dave Bloomfield,
Senator John Murante,
Senator Ken Schilz,
And including my representative
The Honorable Senator Jim Smith (District 14),
And including the committee secretary
Ms. Christina Case.
I am, by distributing a copy of this letter to Ms. Case, authorizing the following as a statement to be included in the record of the General Affairs Committee's special hearing set for Friday October 4th at 1:30pm in regard to LR283 to "Examine issues related to the acquisition and use of electronic cigarettes by minors".
Dear Senators,
I write this in support of certain efforts, and opposition to certain efforts of the General Affairs Committee in regards to the regulation, sale and use of electronic cigarettes. I am a citizen of Sarpy County, City of Papillion, Legislative District 14 and I am represented in the legislature by Senator Jim Smith.
First a very brief introduction: I am a 55 year old registered nurse currently working in the field of surgical trauma at one of Omaha's Level I trauma centers. I had smoked tobacco cigarettes from the age of 13. That's a 42 year history of smoking.
I developed the smoking habit after exposure to the second hand smoke of my parents’ cigarettes appeared to no longer make me ill after smoking my first cigarette. I was no longer bothered by the smell of their tobacco use either. I attempted over a dozen times to quit the habit once I was on my own and noted the impact my habit was having on my ability to breathe. My longest previous success was 10 weeks in 1991 using support therapy and nicotine replacement patches. I was able to get through the entire reduction therapy of 8 weeks and remained nicotine and tobacco free for two weeks. Sadly that attempt was ruined when I was again exposed to tobacco smoke and stress and took up the habit again.
Over the next 22 years I tried again to quit with each new resource, including several combinations of drug therapy, nicotine replacement, counseling and environmental changes. None had the success at relieving the craving for nicotine and the habit would quickly return.
On September 25, 2012 I was diagnosed with Stage II Chronic Obstructive Pulmonary Disease (COPD) subsequent to my smoking history and my fifth episode of bacterial pneumonia. My physician, Dr. Shalindra Saxena, MD urged me to do whatever it took to stop smoking as my health would likely rapidly deteriorate from this point forward.
I had heard of electronic cigarettes from a colleague who had some success in smoking cessation with these devices. After researching the subject, including reading several journal articles available at that time though The Consumer Advocates for Smoke-free Alternatives Association (CASAA), I discussed the alternative of using electronic cigarettes with my physician and was encouraged to try it. I purchased my first electronic cigarette kit two days later on September 27th 2012.
That day I began using the electronic cigarette as an exclusive alternative to smoking. Even with a spouse who continued to smoke, I was able to continue the use of the electronic cigarette and completely avoid primary smoking. As the weeks elapsed my spouse graciously limited her smoking to specific areas of our home to reduce my exposure to second-hand smoke. My lungs began the course of healing.
Today, I am one year tobacco free and I have reduced my nicotine exposure through the strength reduction of the liquid that is used to refill my electronic cigarette. My COPD is now at stage I and I am able to take the entire flight of stairs at my place of employment from the first to fifth floors where before I could barely do one floor without severely impairing my breathing.
Having experienced this result of tobacco harm reduction directly as a result of using electronic cigarettes I have chosen to become an active advocate for their use as an alternative to smoking. Through CASAA I have become aware of this committee’s hearing regarding the perceived need of regulation of these devices to minors in our state and the possible taxation or other regulation of electronic cigarettes. I do support the idea that those of adult age should have free and unfettered access to these devices. I strongly support the idea that minors in our state should not have access to tobacco, alcohol, nicotine (the addictive substance in tobacco) and street and pharmaceutical drugs for illicit use. As such I believe that legislative support for our local retailers of electronic cigarettes (see Appendix I) in banning access to their facilities to minors would be beneficial.
I am opposed, however, to classifying electronic cigarettes as tobacco products for the purpose of taxation. Foremost among the reasons for my opposition is the association of electronic cigarettes with tobacco use creates a perception that electronic cigarette use is similar to tobacco. This is at odds with the goal of harm reduction and smoking cessation. While studies are still sparse, there is a growing body of evidence that electronic cigarette use is an effective alternative to and radically less harmful than tobacco use. To create a false equivalence may damage the ability of citizens such as me to promote this safer alternative against the perception that it would be "just like smoking".
My second objection to special taxation of electronic cigarettes stems from the treatment of other nicotine replacement therapies (Nicotine patches, gums and inhalers) as exempt from tobacco taxes where their ingredients are basically the same as that found in electronic cigarettes: Those ingredients being a base, a variable amount of nicotine, and an optional flavor. To make a separate law for electronic cigarettes will not likely survive legal challenge. The efforts to defend such challenges would be a drain on precious public revenues.
My third objection to special taxation of electronic cigarettes stems from the problem of what constitutes the taxable entity. In the construction of an electronic cigarette there are three main parts: A battery, the vapor producing mechanism (often called an atomizer), and the liquid which is used to produce the vapor. As I mentioned previously, but worth repeating, the liquid consists of a base, a variable amount of nicotine, and optional flavor agents. In erecting a tax structure related to the notion of a tobacco product how would the committee handle the fact that the nicotine content is entirely variable by user selection? Taxing a non-tobacco product without even a trace of nicotine would open the legislation to litigation which would eventually overturn it. Basing the tax on the nicotine content would complicate compliance to a point where the revenues received would be substantially reduced by the likelihood of fraud, and the reporting, enforcement and prosecution required. That kind of legislative inefficiency is counterproductive to our society.
My final objection to special taxation of electronic cigarettes is the public perception that such taxes are “Sin taxes”. Reduction of harm from tobacco use should never be considered a “Sin”.
In closing, I urge the General Affairs Committee to proceed with haste to legislatively limit the availability of electronic cigarettes to minors. Such legislation would relieve the public concern that a possible route for an addicting substance (nicotine) to minors should have the same level of regulation as other nicotine replacement and tobacco products. I further urge the committee to proceed with due caution in further legislation of these products for purposes of taxation. At this time there is a growing body of evidence supporting the reduction of harm that electronic cigarettes afford those who, like me, are unable to quit tobacco use through any other means. To legislate from emotion, ignorance or incomplete knowledge is a fool’s errand which would likely have harmful unintended consequences.
I have included in Appendix II some internet resources that will help to educate the senators further on this issue. Let us all work together to help make a healthier Nebraska.
Thank you for your consideration. I can be reached for questions through the following means:
Robert Bruce Nye, RN
xxxxxxxxxxxxxxx
Papillion, NE 68046
Phone: xxx.xxx.xxxx
Email: rbnye@cox.net
Appendix I:
Exclusive retailers of electronic cigarettes personally known to me to limit sales to adults only:
Plumes (Omaha location)
725 North 120th St.
Omaha, NE 68154
Plumes (Bellevue location)
11527 South 36th St.
Bellevue, NE 68123
Husker E-Cigs
14803 W. Maple Rd.
Omaha, NE 68116
Appendix II:
Sources for further information:
CASAA - The Consumer Advocates for Smoke-free Alternatives Association
c/o Elaine Keller
7481 Huntsman Blvd. #420
Springfield, VA 22153
Website (Clinical Research): Clinical Research: Electronic Cigarettes
Website (Scientific Opinion): Scientific Opinon: Electronic cigarettes
September 30, 2013
The Honorable Members of the General Affairs Committee:
Senator Russ Karpisek (Chairperson),
Senator Bob Krist,
Senator Scott Lautenbaugh,
Senator Colby Coash,
Senator Dave Bloomfield,
Senator John Murante,
Senator Ken Schilz,
And including my representative
The Honorable Senator Jim Smith (District 14),
And including the committee secretary
Ms. Christina Case.
I am, by distributing a copy of this letter to Ms. Case, authorizing the following as a statement to be included in the record of the General Affairs Committee's special hearing set for Friday October 4th at 1:30pm in regard to LR283 to "Examine issues related to the acquisition and use of electronic cigarettes by minors".
Dear Senators,
I write this in support of certain efforts, and opposition to certain efforts of the General Affairs Committee in regards to the regulation, sale and use of electronic cigarettes. I am a citizen of Sarpy County, City of Papillion, Legislative District 14 and I am represented in the legislature by Senator Jim Smith.
First a very brief introduction: I am a 55 year old registered nurse currently working in the field of surgical trauma at one of Omaha's Level I trauma centers. I had smoked tobacco cigarettes from the age of 13. That's a 42 year history of smoking.
I developed the smoking habit after exposure to the second hand smoke of my parents’ cigarettes appeared to no longer make me ill after smoking my first cigarette. I was no longer bothered by the smell of their tobacco use either. I attempted over a dozen times to quit the habit once I was on my own and noted the impact my habit was having on my ability to breathe. My longest previous success was 10 weeks in 1991 using support therapy and nicotine replacement patches. I was able to get through the entire reduction therapy of 8 weeks and remained nicotine and tobacco free for two weeks. Sadly that attempt was ruined when I was again exposed to tobacco smoke and stress and took up the habit again.
Over the next 22 years I tried again to quit with each new resource, including several combinations of drug therapy, nicotine replacement, counseling and environmental changes. None had the success at relieving the craving for nicotine and the habit would quickly return.
On September 25, 2012 I was diagnosed with Stage II Chronic Obstructive Pulmonary Disease (COPD) subsequent to my smoking history and my fifth episode of bacterial pneumonia. My physician, Dr. Shalindra Saxena, MD urged me to do whatever it took to stop smoking as my health would likely rapidly deteriorate from this point forward.
I had heard of electronic cigarettes from a colleague who had some success in smoking cessation with these devices. After researching the subject, including reading several journal articles available at that time though The Consumer Advocates for Smoke-free Alternatives Association (CASAA), I discussed the alternative of using electronic cigarettes with my physician and was encouraged to try it. I purchased my first electronic cigarette kit two days later on September 27th 2012.
That day I began using the electronic cigarette as an exclusive alternative to smoking. Even with a spouse who continued to smoke, I was able to continue the use of the electronic cigarette and completely avoid primary smoking. As the weeks elapsed my spouse graciously limited her smoking to specific areas of our home to reduce my exposure to second-hand smoke. My lungs began the course of healing.
Today, I am one year tobacco free and I have reduced my nicotine exposure through the strength reduction of the liquid that is used to refill my electronic cigarette. My COPD is now at stage I and I am able to take the entire flight of stairs at my place of employment from the first to fifth floors where before I could barely do one floor without severely impairing my breathing.
Having experienced this result of tobacco harm reduction directly as a result of using electronic cigarettes I have chosen to become an active advocate for their use as an alternative to smoking. Through CASAA I have become aware of this committee’s hearing regarding the perceived need of regulation of these devices to minors in our state and the possible taxation or other regulation of electronic cigarettes. I do support the idea that those of adult age should have free and unfettered access to these devices. I strongly support the idea that minors in our state should not have access to tobacco, alcohol, nicotine (the addictive substance in tobacco) and street and pharmaceutical drugs for illicit use. As such I believe that legislative support for our local retailers of electronic cigarettes (see Appendix I) in banning access to their facilities to minors would be beneficial.
I am opposed, however, to classifying electronic cigarettes as tobacco products for the purpose of taxation. Foremost among the reasons for my opposition is the association of electronic cigarettes with tobacco use creates a perception that electronic cigarette use is similar to tobacco. This is at odds with the goal of harm reduction and smoking cessation. While studies are still sparse, there is a growing body of evidence that electronic cigarette use is an effective alternative to and radically less harmful than tobacco use. To create a false equivalence may damage the ability of citizens such as me to promote this safer alternative against the perception that it would be "just like smoking".
My second objection to special taxation of electronic cigarettes stems from the treatment of other nicotine replacement therapies (Nicotine patches, gums and inhalers) as exempt from tobacco taxes where their ingredients are basically the same as that found in electronic cigarettes: Those ingredients being a base, a variable amount of nicotine, and an optional flavor. To make a separate law for electronic cigarettes will not likely survive legal challenge. The efforts to defend such challenges would be a drain on precious public revenues.
My third objection to special taxation of electronic cigarettes stems from the problem of what constitutes the taxable entity. In the construction of an electronic cigarette there are three main parts: A battery, the vapor producing mechanism (often called an atomizer), and the liquid which is used to produce the vapor. As I mentioned previously, but worth repeating, the liquid consists of a base, a variable amount of nicotine, and optional flavor agents. In erecting a tax structure related to the notion of a tobacco product how would the committee handle the fact that the nicotine content is entirely variable by user selection? Taxing a non-tobacco product without even a trace of nicotine would open the legislation to litigation which would eventually overturn it. Basing the tax on the nicotine content would complicate compliance to a point where the revenues received would be substantially reduced by the likelihood of fraud, and the reporting, enforcement and prosecution required. That kind of legislative inefficiency is counterproductive to our society.
My final objection to special taxation of electronic cigarettes is the public perception that such taxes are “Sin taxes”. Reduction of harm from tobacco use should never be considered a “Sin”.
In closing, I urge the General Affairs Committee to proceed with haste to legislatively limit the availability of electronic cigarettes to minors. Such legislation would relieve the public concern that a possible route for an addicting substance (nicotine) to minors should have the same level of regulation as other nicotine replacement and tobacco products. I further urge the committee to proceed with due caution in further legislation of these products for purposes of taxation. At this time there is a growing body of evidence supporting the reduction of harm that electronic cigarettes afford those who, like me, are unable to quit tobacco use through any other means. To legislate from emotion, ignorance or incomplete knowledge is a fool’s errand which would likely have harmful unintended consequences.
I have included in Appendix II some internet resources that will help to educate the senators further on this issue. Let us all work together to help make a healthier Nebraska.
Thank you for your consideration. I can be reached for questions through the following means:
Robert Bruce Nye, RN
xxxxxxxxxxxxxxx
Papillion, NE 68046
Phone: xxx.xxx.xxxx
Email: rbnye@cox.net
Appendix I:
Exclusive retailers of electronic cigarettes personally known to me to limit sales to adults only:
Plumes (Omaha location)
725 North 120th St.
Omaha, NE 68154
Plumes (Bellevue location)
11527 South 36th St.
Bellevue, NE 68123
Husker E-Cigs
14803 W. Maple Rd.
Omaha, NE 68116
Appendix II:
Sources for further information:
CASAA - The Consumer Advocates for Smoke-free Alternatives Association
c/o Elaine Keller
7481 Huntsman Blvd. #420
Springfield, VA 22153
Website (Clinical Research): Clinical Research: Electronic Cigarettes
Website (Scientific Opinion): Scientific Opinon: Electronic cigarettes
