Yeah, I got a copy of that too. It's really negative, so I've got to wonder why they voted nay? What was the deciding factor and can we use it with other states?
What to do - Proposed bans in 4 states
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Again, this quote here from the summary of the defeated bill was key:
However, manufacturers maintain that their products are safe, and in February 2010, a federal judge ruled that FDA cannot regulate electronic cigarettes as drug-delivery devices.
When you write them, quote the SE v. FDA case--it helps far more then any other song and dance as law makers love to pass the buck to the Courts.
Sun
However, manufacturers maintain that their products are safe, and in February 2010, a federal judge ruled that FDA cannot regulate electronic cigarettes as drug-delivery devices.
When you write them, quote the SE v. FDA case--it helps far more then any other song and dance as law makers love to pass the buck to the Courts.
Sun
I've started a new thread with the NYS Senate and Assembly Health Committee members' contact information, since both bills have been referred to committee. Please go there and make it a priority to contact these people - let's kill the bills in committee!
New York Priority Contacts!
New York Priority Contacts!
What gets me about this whole thing is that cigarettes are allowed, even though they have to have cancer printed all over it. And they want to ban e-cigs! California is going to legalize pot, and that's ok. Alcohol causes so many deaths and addiction problems, and jail sentences, family breakup, injured spouses... But all of these are OK.
Until the government agencies can find their way of making their profit share in e-cigs, they will keep trying to ban them. It's all about money, not health.
Until the government agencies can find their way of making their profit share in e-cigs, they will keep trying to ban them. It's all about money, not health.
Shish! What's wrong with you? Did you want them to take those away too? 
Actually, they've tried taking all those away and it didn't work. The FDA's been trying to get rid of cigarettes since the early part of the last century, and Congress and the Supreme Court have repeatedly said no. We all know how alcohol prohibition went. And MJ, come on, it just makes sense to legalize it at this point.
I think different segments of the 'anti's' have different motivations. I think the FDA genuinely feels that nicotine is a drug that they should regulate. Plus, with so little testing, they just feel like they are doing their job. We know we're all guinea pigs, the FDA doesn't like that.
Actually, they've tried taking all those away and it didn't work. The FDA's been trying to get rid of cigarettes since the early part of the last century, and Congress and the Supreme Court have repeatedly said no. We all know how alcohol prohibition went. And MJ, come on, it just makes sense to legalize it at this point.
I think different segments of the 'anti's' have different motivations. I think the FDA genuinely feels that nicotine is a drug that they should regulate. Plus, with so little testing, they just feel like they are doing their job. We know we're all guinea pigs, the FDA doesn't like that.
I so miss my Cloves... Now I wont smoke them since there more of a cigar now.
flavored smokes are illegal Took very little time to ban them.
But flavored pipe tobacco or cigars are legal.
FDA only recently asked for ingredients of cigarettes. Marlboro has most on there site. Yes with FDA APPROVED.
But that does not mean they are fda approved when combined.
wow california plans to legalize pot? haven't heard that 1.
pm me info on it if u can. Very Curious.
flavored smokes are illegal Took very little time to ban them.
But flavored pipe tobacco or cigars are legal.
FDA only recently asked for ingredients of cigarettes. Marlboro has most on there site. Yes with FDA APPROVED.
But that does not mean they are fda approved when combined.
wow california plans to legalize pot? haven't heard that 1.
pm me info on it if u can. Very Curious.
Government control has gone way overboard. It's simply about taxes and power. They could care less if something keeps you from dying. Luckily, I quit before someone gave me a kit. If they do get banned I'll support peoples' right to use the e-cigs as they see fit. Anything that helps someone quit is a good thing. For me it was patches for others e-cigs. ...not any different.
Cali is going to vote on legalizing ......... in November, I believe. ...probably just for medicinal purposes though.
Its already legal with card... LOL just still not legal by federal means LOL.
I don't really care if it is or not.
Alcohol was illegal until they found a way to tax & Control it.
I received this also, along with the following note:
"I sent you separately a copy of the fiscal note on this bill. Many of us have to rely on the information in them for a background when we are not familiar with e-cigarettes, for example."
To me this means that very few representatives take the time to do their own research. We need to keep calling, writing, and informing politicians.
To me that's the whole issue there. They do not keep up with what's going on or research for themselves... its all hear say that they follow.
That statement if accurate from them Is very meaningful... & being honest.
Atleast to me. Thinks I need to get another email prepared to goto all of them With More accurate info. Such as Links to information & judgements
Way to go NYS! I agree about the not selling to people under that age of 18 but to outright ban it! To albany we go... Attention all NYS vapors it is time to start a movement. Please contact your local district senator.
I live in Chicago Illinois. It is not surprising ot me that Illlinois wants to ban E-cigs. I don't know for sure, but Im willing to bet that the states of NewYork, California, and Maryland( like Illinois) are HEAVILY dependant on the tobacco tax money revenue. It trully shows that these states are an example of extreme tax revenue-missmanagment. These states are not willing to accept anything about how e-cigs are saving lives. They aren't even trying to get any facts ABOUT the pro's of e-cigs. They are only looking at the fact of all of the tax money that they will be loosing out on, from life-long smokers converting to e-cigs. Seeing now, that my government values tax money over human life, shows the true height of absurdity that these state governments have reached. 
Just sent this out tonight....
March 29th 2010
Hi Dan,
First off I like to meet with you to show you what an Electronic Cigarette is and hopefully answer any questions you may have. I would love your support in not passing and hopefully reforming NYS Bill: A9529, S7234.
The bills states in short:
Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product.
Point #1:
I think there should be a bill to prevent the sale to minors but that is all I support.
I currently use and sell this product. The eCig has completely changed my life and it would be horrible to ban a product that has and will continue to help current smokers to change their habits. Not to mention make it criminal to use, sell and distribute this product.
All the liquid, devices I use and sell has clearly labeled ingredients and is not marketed or sold to minors. I personally do not view this as a tobacco product but more as a nicotine inhaler or smoking alternative.
I think there needs to be regulation on the electronic cigarette but if it is banned you might as well ban all products on our grocery shelves that are not approved by the FDA.
Not to mention nicotine occurs naturally in vegetables:
Nicotine in Vegetables- The Arthritis Nightshades Research Foundation
Point #2:
The real horrid part about this bill is the FDA part. There is a Supreme Court ruling "FDA VS Smoking Everywhere"
http://www.fda.gov/downloads/NewsEvents/PublicHealthFocus/UCM173193.pdf
Federal Court Judge Richard Leon ruled in favor of Smoking Everywhere, Inc., the industry leader who brought suit against the FDA and the Department of Health and Human Services.
Story said that because the electronic cigarette doesnt use tobacco and, therefore, has no carcinogens, tar, and thousands of other harmful chemicals, there is no second or third-hand smoke, which statistics say kills about 15,000 people annually.
Smoking Everywheres lawyers from Thompson Hine point out that in 2000, the Supreme Court ruled that the FDA did not have the power to regulate ordinary cigarettes. Therefore, it shouldnt be allowed to clamp down on their high tech counterparts, the lawyers argue.
There are a series of laws and regulations pertaining to the advertising and distribution of regular cigarettes that we believe are more appropriate for this particular product, and those laws and regulations are largely administered by the Federal Trade Commission, says Walt Linscott, an Atlanta-based partner at Thompson Hine.
Congress is currently considering the Family Smoking Prevention and Control Act, which would give the FDA explicit power to regulate cigarettes. Linscott notes that the law would probably give it the right to oversee e-cigarettes as well.
The FDA currently does not have oversight on any Tobacco products and therefore cannot approve or disapprove the ecig therefore putting me out of business and making my personal use of this product illegal.
More facts about the eCig can be found here: Electronic Cigarette Myths and Facts | Electronic Cigarette Association
Again I would love the opportunity to meet with you and get your support in killing the current purposed bill as it stands.
Jason Darnieder
eVaporWorld Inc.
www.eVaporWorld.com
585.727.9628
2105 Five Mile Line Rd.
Penfield, NY 14526
March 29th 2010
Hi Dan,
First off I like to meet with you to show you what an Electronic Cigarette is and hopefully answer any questions you may have. I would love your support in not passing and hopefully reforming NYS Bill: A9529, S7234.
The bills states in short:
Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product. Prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product.
Point #1:
I think there should be a bill to prevent the sale to minors but that is all I support.
I currently use and sell this product. The eCig has completely changed my life and it would be horrible to ban a product that has and will continue to help current smokers to change their habits. Not to mention make it criminal to use, sell and distribute this product.
All the liquid, devices I use and sell has clearly labeled ingredients and is not marketed or sold to minors. I personally do not view this as a tobacco product but more as a nicotine inhaler or smoking alternative.
I think there needs to be regulation on the electronic cigarette but if it is banned you might as well ban all products on our grocery shelves that are not approved by the FDA.
Not to mention nicotine occurs naturally in vegetables:
Nicotine in Vegetables- The Arthritis Nightshades Research Foundation
Point #2:
The real horrid part about this bill is the FDA part. There is a Supreme Court ruling "FDA VS Smoking Everywhere"
http://www.fda.gov/downloads/NewsEvents/PublicHealthFocus/UCM173193.pdf
Federal Court Judge Richard Leon ruled in favor of Smoking Everywhere, Inc., the industry leader who brought suit against the FDA and the Department of Health and Human Services.
Story said that because the electronic cigarette doesnt use tobacco and, therefore, has no carcinogens, tar, and thousands of other harmful chemicals, there is no second or third-hand smoke, which statistics say kills about 15,000 people annually.
Smoking Everywheres lawyers from Thompson Hine point out that in 2000, the Supreme Court ruled that the FDA did not have the power to regulate ordinary cigarettes. Therefore, it shouldnt be allowed to clamp down on their high tech counterparts, the lawyers argue.
There are a series of laws and regulations pertaining to the advertising and distribution of regular cigarettes that we believe are more appropriate for this particular product, and those laws and regulations are largely administered by the Federal Trade Commission, says Walt Linscott, an Atlanta-based partner at Thompson Hine.
Congress is currently considering the Family Smoking Prevention and Control Act, which would give the FDA explicit power to regulate cigarettes. Linscott notes that the law would probably give it the right to oversee e-cigarettes as well.
The FDA currently does not have oversight on any Tobacco products and therefore cannot approve or disapprove the ecig therefore putting me out of business and making my personal use of this product illegal.
More facts about the eCig can be found here: Electronic Cigarette Myths and Facts | Electronic Cigarette Association
Again I would love the opportunity to meet with you and get your support in killing the current purposed bill as it stands.
Jason Darnieder
eVaporWorld Inc.
www.eVaporWorld.com
585.727.9628
2105 Five Mile Line Rd.
Penfield, NY 14526
Jay--well thought out letter and good job. Just a couple of points:
The SE v. FDA case is in the Federal District Court (DC Circuit), and is not before the Supreme Court.
And
It is better to quote Judge Leon's actual ruling then to quote Counsel, as Counsel's statments have no binding effect of law like Judge Leon's does should his ruling be upheld by the Appeals Court.
Great job again.
Sun
The SE v. FDA case is in the Federal District Court (DC Circuit), and is not before the Supreme Court.
And
It is better to quote Judge Leon's actual ruling then to quote Counsel, as Counsel's statments have no binding effect of law like Judge Leon's does should his ruling be upheld by the Appeals Court.
Great job again.
Sun
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All good points. I did not know that was District Court. I did put a link to his ruling transcripts I think.
Thanks again!
Jay
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