2/25/14 - BREAING: NJ to ban vaping in parks/beaches, Aberdeen SD tables indoor ban, Minor bans advance in VA&SD; India; UK; Ca.; US: NJ,VA,TN,OH,KS,A

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Jan 19, 2014
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[ Just paste broken links shown in purple directly into your browser - the extra line doesn't matter. Pls. PM me if you have more recent info. about proposed/actual legislation, if you think I've missed an important story, or if you want more tweaks to the formatting program. ]

A very busy news day ...

1) Los Angeles panel (Arts, Parks, Health, Aging, and River Committee) unanimously approves ban on outdoor/indoot vaping. City council to vote next week. This has already been reported in the media forum, stories are collected at the end. LA's Chief Legislative Analyst also recommends that taxes on vaping be raised to "comparable" levels to those on tobacco cigarettes, although this provision was not considered yesterday.

2) NJ's house (assembly) bill A1080 would ban outdoor vaping in all NJ parks, beaches, and other gov't owned properties. Originally passed out of commitee Friday as a restriction on tobacco smoking, this bill was ammended yesterday afternoon to include vaping (a possibility mentioned yesterday morning in this space, as some readers may recall).

3) SD CA City Council will hear Councilperson Kersey's proposed extension to the city indoor clean air act next week - would also ban vaping in public parks and within 20 feet of doorways in publically-accessible places, as well as many other outdoor locations.

4) In an extremely rare victory for vapers, the Aberdeen SD City Council actually tabled a proposed extension of its indoor clean air act to incude vaping. (Is this the first time that's ever happened at the city level?) Apparently one of the councilpeople was a vaper.

5) VA's simple minor sales ban (was HB 26, but incoporated into HB 218) passes state senate and is now (?) ready for Gov. McAuliffe's signature.

6) SD's SB 181, a simple minor sales ban, has passed the SD sen. and is ready for the house.

7) Woefully unprepared Knox Co. TN Health Dep't head rendered virtually speechless by well-versed vape store owner in joint intervew - requires emergency spoon-feeding of alarmist minor junk from TV anchor.

Coverage: India, UK, US States: NJ, VA, TN, OH, KS, AZ, WA, CA

Also: CASAA V.P. C.V. Phillips continues his trenchent dissection of the Sunday Times piece; Canada vape site/B&M owner speaks out; pro-vaping opinions in Forbes. More coverage on last weekend's stories in the Sunday NY Times and The Gaurdian at end.

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Title: More E-Cig News Coverage [Sunday's NYT article]
(ECF's InfoZone) More E-Cig News Coverage - ECF InfoZone

Title: A paragraph-by-paragraph dissection of an unusually good article about e-cigarettes (part 2)
(C.V. phillips' blog) A paragraph-by-paragraph dissection of an unusually good article about e-cigarettes (part 2) | Anti-THR Lies and related topics
I recommend both parts to ECF readers, the analysis is detailed and insightful.

Title: Excessive Rules Are Just Helping E-Cigs Look Cool To Kids
(V2-funded [?] site) Excessive Rules Are Just Helping E-Cigs Look Cool To Kids | Ecig Advanced News
I usually don't post articles from non-'news' sites, but I made an exception for this one. The argument is hardly novel, but it's explained well.

Title: FDA Takes Major New Action to Protect the Public's Health
(Dr. Siegal's blog) http://tobaccoanalysis.blogspot.com/2014/02/fda-takes-major-new-action-to-protect.html
Dr. Siegal congratulates (not really) the FDA for its recent decision to use its authority under the Substantial Equivalence provisions of the PACT act to ban four types of "bidis" (S. Asian hand-rolled mini-cigars).

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Title: Growing e-cigarette clientele has Hyderabad doctors worried
(India nat'l paper) http://timesofindia.indiatimes
.com/city/hyderabad/Growing-e-cigarette-clientele-has-Hyderabad-doctors-worried/articleshow/30966659.cms

Any American cub reporter would be justifiably proud of this junk-laden piece.

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Title: Wolves in sheep's clothing? Big Tobacco and its takeover of the e-cigarette market
(UK nat'l advertising trade 'zine) http://www.marketingmagazine
.co.uk/article/1281851/wolves-sheeps-clothing-big-tobacco-its-takeover-e-cigarette-market

Biased anti-vaping but still interesting analysis of Art. 18 of the EU TPD (tobacco products directive) which the EU Parliament will take up tomorrow, as well as UK advertising restrictions which have yet to be fully fleshed out, but are oft-discussed now that BAT has launched its Vype campaign (see yesterday's media round-up). No factual junk, just general phrasing bias. For more on the proposed EU TPD: For the Record: ECITA’s Breakdown of the TPD Proposals on Electronic Cigarettes | ECITA Blog

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Title: Rowan Warr-Hunter: E-cigarettes — Freedom to vape
(Toronto ON Ca local paper - effectively nat'l) http://fullcomment.nationalpost
.com/2014/02/25/rowan-warr-hunter-e-cigarettes-freedom-to-vape/

Junk-free opinion piece by a Canadian vape site and B&M store owner on the situation of Canada's retail vaping vaping industry. Worth a read for Canadians expecially.

Title: No new taxes for e-cigarettes; health experts say gov't should discourage use
(Van BC Ca CTV affiliate) http://bc.ctvnews
.ca/no-new-taxes-for-e-cigarettes-health-experts-say-gov-t-should-discourage-use-1.1702292

BC plans to raise taxes on analogs, as do the Feds. But since vaping isn't technically legal according to a much-ignored HC directive, no tax increase for vapers. Provincial Health Officer repeats "gateway to normalizing smoking" argument. No other junk.

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Title: More Vaping, More Smoking: The Implausible Case Against E-Cigarettes
http://www.forbes
.com/sites/jacobsullum/2014/02/24/more-vaping-more-smoking-the-implausible-case-against-e-cigarettes/

Part summary, part analysis of the Sun NYT piece that featured the debate between Siegal & Glantz. Unlike some of the other "knock offs" listed in this space yesterday, this one is mildly original. No junk.

Title: Who Needs Legislation? Dems Want To Extend Tobacco Settlement To E-Cigarettes
(US nat'l business) http://www.forbes
.com/sites/danielfisher/2014/02/24/who-needs-legislation-dems-want-to-extend-tobacco-settlement-to-e-cigarettes/

Analysis of the letter from Harkin, Waxman et al. to the US state A/Gs which urges them to extend the MSA to the vaping industry. Cites Grant's Interest Rate Observer for the figure that US analog sales fell 4.6% in 2013. Junk-free, although author doesn't explain how the MSA's per-cigarette penalties could ever be applied to non-participating manufacturers even if other legal hurdles could be overcome. No junk.

Title: Altria's Nationwide E-Cig Rollout Begins in Q2: Why It Could Be Huge for Shareholders
(US nat'l business/investment site) http://www.fool
.com/investing/general/2014/02/24/altrias-nationwide-e-cig-rollout-begins-in-q2-why.aspx

Motley Fool continues to argue that Phillip Morris (now Altria) has the upper hand over Lorrilard (makers of Blu) in the burgeoning all-in-one US vaping market. This space covered a similar piece yesterday by them. No junk.

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Title: Editorial: E-cigarette 'smoke' travels under the radar
(NJ US statewide amalgam site) http://www.nj
.com/opinion/index.ssf/2014/02/editorial_e-cigarette_smoke_travels_under_the_radar.html

Rabidly anti-vaping editorial ref.s Friday's West Deptford Council Hearing on extending the "vape-free" perimeter around municipal buldings to 25 feet (ord. passed, city councilwoman says there's more to come). It also supports NJ's A1080 which would ban vaping in beaches, parks and other outdoor areas. When this bill was originally proposed it only dealt with tobacco smoking, but as soon as it was reported out of cmte, it was extended to include vaping (a possibility that this space warned readers about yesterday). See: http://www.e-cigarette-forum.com/fo...ng-all-public-parks-beaches.html#post12349761
Editorial mentions a West Deptford resident who vaped in protest at Friday's hearing, and concludes: "If the intent is to keep [the protesting West Depford resident] and others from blowing vapor at everyone’s faces, the wording [of future ordinances and legislation] may have to be more specific." Jammed w/ junk.


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Title: Health Officials On Electronic Cigarettes
(Tallahassee FL US CBS affiliate) http://www.wctv
.tv/news/headlines/Health-Officials-On-Electronic-Cigarettes-246983331.html

Unilluminating but mostly junk free story about a local vape shop and minors. Local health official makes the gateway argument.
[ FL's simple minor ban, SB 224 is ready for Sen. Floor on March 4 when legislative session opens, also see: http://www.e-cigarette-forum.com/fo...would-block-electronic-cigarettes-minors.html ]

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Title: Lawmakers vote to limit minors access to e-cigarettes
(Richmond VA US CBS affiliate) http://wtvr
.com/2014/02/25/e-cigarette-bills-pass-the-senate/

VA sen. passes two house bills, one directs school districts to put in place policies that address vaping, and the other is a simple minor sales ban. It appears that the sales ban was VA's HB 26, now incorporated into HB 218: LIS > Bill Tracking > HB218 > 2014 session Story says "the legislation" is ready for Gov. McAuliffe's signature, but I think the minor sales ban is actually going back to the house for a final vote first. I think there may be other things going on in the VA legislature - please PM me if you know more.

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Title: Tennessee Department of Health issues Public Health Advisory on Electronic Cigarettes and similar devices
(Clarksville TN US ind. web site) http://www.clarksvilleonline
.com/2014/02/24/tennessee-department-health-issues-public-health-advisory-electronic-cigarettes-similar-devices/

These folks are a little behind the curve: the chock-full-o'-junk advisory came out almost two weeks ago, and was reported in this space on the 12th.
[ TN's minor sales ban in place. CASAA supports HB 1461 which would exempt vaping from TN's indoor clean air act: CASAA: Call to Action! SUPPORT Tennessee Bill that Excludes E-Cigarettes from Smoking Bans and Tobacco Taxes ]

Title: Health warning sparks e-cigarette debate
(Knoxville TN US NBC affiliate) http://www.wbir
.com/media/cinematic/video/5791389/health-warning-sparks-e-cigarette-debate/

Video-only story in which the head of the Knox Co. Health Dep't is interviewed on stage w/ a vape store owner. The health dep't official was woefully unprepared, evidently only familiar with FDA '09. I think she used the "fears/concerns/unknowns" riff at least three times, and generally refused to acknowledge any harm reduction. The vape store owner was well-prepared w/ Drexel and the refutation to FDA '09. Finally, the moderator was reduced to coaxing the hapless health dep't official into bleating about minors and the "gateway" argument - only to find that the vape store owner was well-prepared for that one, too. See previous story for the TN health dep't warning (the Knox co. health dep't is not associated w/ the statewide health dep't.) After a bad news day in Los Angeles, watching this story should provide some temporary cheer to any vaper who keeps up with the news.

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Title: New ‘vapor shop’ to open March 7
(Dayton OH US local paper) http://www.daytondailynews
.com/news/business/new-vapor-shop-to-open-march-1/ndZYs/

Junk-free story about a new Huber Heights Vape shop.
[ OH's simple minor sales ban just passed both houses over the objections of ANTZ orgs, and is now ready for Gov. Kasich's signature. ]

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Title: Aberdeen May Ban Kids From Using E-Cigarettes
(Aberdeen SD US local paper) http://www.keloland
.com/newsdetail.cfm/aberdeen-may-ban-kids-from-using-e-cigarettes/?id=160703

Wow, indoor ban rejected! (This is the first such story I've seen ever. 2nd reading may be required, this is unclear. "Mark Remily even demonstrated during the meeting how one works. 'These are harmless to anyone. It's just a vapor, no smoke to it at all,' Remily said. It appears that Remily is on the City Council, which may be relevant to the result. Minor sales ban was put into place. No junk.

Title: SD bill would ban sale of e-cigarettes to minors
(Assoc'd Press) http://www.sfgate
.com/news/article/SD-bill-would-ban-sale-of-e-cigarettes-to-minors-5261680.php

SB 181, a simple minor sales ban, is now out of cmte, and ready for the sen. floor. No junk. More coverage at the end of this post.

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Title: E-Cigarettes Being Tried in Sumner County Jail
(Wichita KS US ind. radio station) http://www.knssradio
.com/2014/02/24/wichitakansas/E-Cigarettes-Being-Tried-in-Sumner-County-Jail/18458721

Junk-free report about one-yr. experiment by local sherriff to sell PVs to inmates. I'm guessing that these are the Crossbar Electronic Cigarettes, developed in KY.

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Title: How to deal with electronic cigarettes in the workplace
(Phoenix Business online site) http://www.bizjournals
.com/phoenix/blog/business/2014/02/how-to-deal-with-electronic-cigarettes.html?page=all

Advice for employers from local employment law atty on vaping in the workplace. This is the first article I've ever read which is intended for employers that doesn't take the ANTZ position (i.e. employers should treat vaping as tobacco cigarette smoking for all purposes, including banning it on every square inch of their property, and preferably not hire vapers at all). Amazingly, this junk-free piece advises employers that any designated vaping areas should be separate from any designated smoking areas.

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Title: Proposal to Tax E-Cigarettes at 95% Will Hurt Washington State Small Businesses
(Conservative US Think Tank Re: WA state tax proposal) http://www.atr
.org/proposal-tax-e-cigarettes-percent-hurt-a8162

Americans for Tax Reform's suggested draft letter to legislators. No junk.
[ WA's SB 6569 imposes a 95% wholesale tax, burdensome licensing requirements for B&M stores, now out of committe and on to the floor: CASAA: Call to Action! Washington Bill to Impose Excessive 95% Tax on E-Cigarettes and http://www.e-cigarette-forum.com/fo...-cigs-95-referred-senate-ways-means-cmte.html ]

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Title: Fremont, Hayward restrict e-cigarette sales, temporarily ban new vapor lounges
(San Jose CA US local paper) http://www.mercurynews
.com/breaking-news/ci_25219237/fremont-hayward-restrict-e-cigarette-sales-temporarily-ban

Fremont is likely to extend its 45-day moratorium on new B&M stores and vaping lounges for another two years once the 45-day moratorim imposed on Feb 11th expires. Fremont's Community Devl. Dir. says that Fremont will "err on the side of caution." Hayward has also enacted a moratorium (story doesn't say for how long). Fremont and Richmond have already extended their clean indoor air acts (which also cover outdoor vaping), and Union City has refused to issue any new B&M licenses. Some minor junk in story.
[ CA is under threat from a wide variety of legislation, such as an internet sales ban: http://www.e-cigarette-forum.com/fo...-shipment-e-cigarettes-anyone-california.html ]

Title: As E-Cigarette Popularity Grows, So Does Controversy
(Scacramento CA US fox affiliate) http://fox40
.com/2014/02/24/as-e-cigarette-popularity-grows-so-does-controversy/

Short, unilluminating and poorly-researched piece features quotes from a vape store employee and a local oncologist MD. Latter cites minor junk and the dangers of "changing the image" of smoking, although seems to be otherwise unwillng or unable to quote the hit job studies. Brief discussion of CA's online sales ban. Brilliant cub reporter conflates poison center calls with "poisonings." Apparently this Fox affiliate is now hiring primary school students to write their stories.

Title: Regulating e-cigarettes: Science or politics?
(San Diego CA US local paper) http://www.utsandiego
.com/news/2014/feb/24/electronic-cigarettes-regulation-health-san-diego/

Union-Trib. editorial regarding Councilperson Mark Kersey's proposal to extend the city clean indoor air act (which also covers outdoor vaping) questions whether vaping legislation is driven by sound science or emotions. Junk-free. Also notes that the SD City Council will be hearing the proposal this week. Local vapers are encouraged to contact their elected representatives and write letters to the editor, etc. No CASAA call on this one yet.

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Coverage of the LA City Council's park and recreation cmte's recommendation to ban vaping in outdoor areas such as beaches - City Council vote expected next week.

Title: L.A. council panel backs limits on e-cigarettes
(LA Times) http://www.latimes
.com/local/la-me-e-cigarettes-20140225,0,3596240.story#axzz2uJ6vuy1t

City Atty. Mike Feuer pointed to studies that found e-cigarette vapor included heavy metals and volatile compounds such as formaldehyde. And he sided with those who fear e-cigarettes will make gdsmoking more socially acceptable. "'Even if it were determined later on that the emissions from e-cigarettes aren't dangerous to a bystander in an outside environment, the existence of devices like this in public places does threaten to renormalize the behavior of smoking," he said. For the City's Chief Legislative Analyst's Report, see: http://clkrep.lacity
.org/onlinedocs/2013/13-1204-s2_rpt_cla_2-21-14.pdf


Title: City Council Panel Recommends Limits On E-Cigarette Use In Public
http://losangeles.cbslocal
.com/2014/02/24/city-council-panel-eyes-tougher-limits-on-e-cigarette-use-in-public/


Title: After Regulations Imposed, LA Could Wholly Ban Use of E-Cigarettes
http://www.nbclosangeles
.com/news/local/Proposed-Ordinance-Restricting-Use-of-E-Cigarettes-in-LA-Going-to-Full-Council-Vote-246980031.html


Title: [Report of Chief Legislative Analyst]
http://clkrep.lacity
.org/onlinedocs/2013/13-1204-s2_rpt_cla_2-21-14.pdf


Title: City Considers Ban on E-Cigs in Bars, Nightclubs, Restaurants
http://eaglerock.patch
.com/groups/politics-and-elections/p/city-considers-ban-on-ecigs-in-bars-nightclubs-restaurants


Title: L.A. Council Committee Votes to Move E-Cigarette Ban Forward
http://ktla
.com/2014/02/24/l-a-city-council-takes-up-controversial-e-cigarette-ban-2/#ixzz2uJ5NGmZa


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More coverage of the Sunday Times story on the debate between Siegal and Glantz, as well as the previous day's Guardian piece. Although both contain some junk, links to each have been posted on ECF in unbroken form many times over the last week. As a service to readers of this space who wish to get up to speed, I'm posting both in unbroken form:
Title: Boom In E-Cigarette Sales Dides Smoking Campaigners
Boom in e-cigarette sales divides smoking campaigners | Society | The Guardian and
Title: A Hot Debate Over E-Cigarettes as a Path to Tobacco, or From It
http://www.nytimes.com/2014/02/23/h...tes-as-a-path-to-tobacco-or-from-it.html?_r=0

Title: Mike Siegel Featured in New York Times Story on E-Cigarette Debate
http://www.bu
.edu/sph/2014/02/24/mike-siegel-featured-in-new-york-times-story-on-e-cigarette-debate/


Title: E-Cigarettes: the Debate
http://guardianlv
.com/2014/02/e-cigarettes-the-debate/


Title: E-Cigarettes Spark Hot Debate Among Health Experts
http://www.authintmail
.com/article/health/hubbly-bubbly-not-safe-alternative-cigarettes

Contains extra gratuitous junk.

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Coverage of the SD state Sen's passage of SB181, a simple minor sales ban (AP stories omitted:

Title: Teen Ban On E-Cigs Considered
http://listen.sdpb
.org/post/teen-ban-e-cigs-considered


Title: South Dakota Senate panel approves measure to ban sale of electronic cigarettes to minors
http://www.tribtown
.com/view/story/91437d46be1b4bbab67f3fb9cc23f7ff/SD-XGR--Electronic-Cigarettes


Title: South Dakota lawmakers look to regulate e-cigarettes
http://www.ktiv
.com/story/24800078/2014/02/23/south-dakota-lawmakers-look-to-regulate-e-cigarettes


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Tip: to see whether there are bad things happening where you live, try this Google search (example for Rhode Island) -
rhode site:casaa.org
(Replace rhode with a single word that describes your city, county, or state. For ex., if you live in Eau Claire, WI - you might use "Claire" to see if something is being proposed at the city level. Don't forget the : (colon), and be sure that there's nothing before or after the colon (not even spaces or tabs.)

You can also try replacing site:casaa.org with e-cigarette to find out what the media is reporting in your area. This is usually most helpful if you use the search tools to search by date. (CASAA doesn't generally issue calls or alerts until a bill is out of a state legislative committee, or is scheduled for a local city or county hearing.)
 
Last edited:
Jan 19, 2014
1,039
2,370
Moved On
Some good news today for a change! (Phoenix advice to employers and Aberdeen SD ban rejected). Thanks, Roger!

I have to confess that I got a little guilty pleasure from watching the Knox Co. Health Dep't Dir. get nailed by that vape store owner. When a typical local TV news anchor has to help a gov't employee (and an MD to boot) articulate the ANTZ position - which the unprepared Health Dir. was clearly anxious to do ...well, what can I say. *sniggger*

(And yes, I had to type the letter 'g' thrice in succession there. Algo is a bit too picky.)
 
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