3/1/14 - BREAKING: Lng Bch CA hearing Tues, NJOY worth $1B, Eden Prarie MN moratorium, UT still threat?; UK, Canada, US: VT, CT, MD, AL, OH, MN, MO, U

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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. ]

1) Long Beach CA City Council meets 5pm Tues (March 4th) 333 Ocean Blvd for vaping=smoking ext. to clean air act which would prohibit outdoor vaping as well. (See story below for link to coverage of Feb 18th mtg. and: http://blog.casaa.org/2014/02/local-alert-long-beach-california-e.html

2) NYT says njoy valued at $1B.

3) Eden Prarie MN passes 1 yr. moratorium on new vape lounges, and bans sampling in vape B&Ms.

4) Is UT still under threat from HB 112? Rep. Ray says he may be able to get "safety standards" put back in the bill before it goes to the Sen.

5) $5M for "Tobacco Control" in OH says Gov. Kasich. How much will be spent on anti-vaping efforts?

6) BAT threatens to sue UK gov't over proposed plain packaging requirements for tobacco cigarettes.

Coverage: UK, Canada, US states: VT, CT, MD, AL, OH, MN, MO, UT, WA, CA

Also: Writer for Jonathan Turley's blog unearths the not-so-pretty truth about how Washington state deals with sin taxes; video of CLEARWAY (ANTZ group) rep. versus small vape store ...'n rep. on Twin Cities public TV.


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WORLD

Title: NJOY, E-Cigarette Maker, Receives Funding Valuing It at $1 Billion
(NYT US Nat'l paper) http://dealbook.nytimes
.com/2014/02/28/njoy-e-cigarette-maker-receives-funding-valuing-it-at-1-billion/?_php=true&_type=blogs&_r=0

Superficial summary of NJOY's history and the current US regulatory situation. I tried to figure out where the $1B figure comes from, but all I found was this: "The private round of funding values the company at around $1 billion, according to a person briefed on the financials ..." No junk.

Title: Buy, sell or hold: Should you stick BAT in your ISA?
(Int'l Investment 'zine [Thompson Reuters]) http://www.trustnet
.com/News/491395/buy-sell-or-hold-should-you-stick-bat-in-your-isa/

Junk-free article directed towards investors attempts to assess the viability of BAT in the wake of increasing regulatory pressure and falling "stick" volumes (by which I presume the writer means analog sales?). Looks like the writer doesn't think the outlook is all that great, notes that BAT has lagged behind footsie in the last year.


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UK

Title: British American Tobacco threatens legal challenge to plain packaging proposals
(UK Nat'l paper) http://www.telegraph
.co.uk/finance/newsbysector/epic/bats/10665416/British-American-Tobacco-threatens-legal-challenge-to-plain-packaging-proposals.html

Short junk-free story, and the possible rules appear to only apply to tobacco cigarettes (at this point.) Only a "threat" right now, based on BAT's "rights to compete and the consumer's rights to choose." Related: http://www.marketingweek
.co.uk/new-e-cigarette-ad-rules-to-tackle-uncertainty-proposed/4009626.article

Has embedded video of recent VYPE ad with the couple jumping through a cloud of vapor: "pure satisfaction for smokers ... experience the breakthrough"


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CANADA

Title: Jesse Kline: Live free or die smoking
(Toronto ON Ca nat'l paper) http://fullcomment.nationalpost
.com/2014/03/01/jesse-kline-live-free-or-die-smoking/

Another entry in the Nat'l Post's series. Excellent pro-vaping junk-free article, and a must read for non-Canadians who want to know what the situation is in Ca. I like this sentence regarding HC: "When the National Post asked the department to contribute to this series, a spokesperson told us they were not will to write 750 words defending the current regulatory regime. In this case, it appears the federal government’s modus operandi is not 'ban first, work it out later,' but rather 'ban first, do nothing.'" Also cites Drexel study.


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US: VERMONT

(AP) http://www.rutlandherald
.com/article/20140228/THISJUSTIN/702289909/0/NEWS01

Another report on H 217, which would ban tobacco burning in cars with minors - as well as hotel rooms where it's currently allowed. This bill doesn't currently apply to vaping, although it might be ammended to do so. That happened fairly quickly recently w/ NJ's A1080.
[ VT H 632 would completely ban vaping. It's still in comte. See: http://blog.casaa.org/2014/02/call-to-action-vermont-bill-to-ban.html ]

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US: CONNECTICUT

Title: E-cig sellers say no to warning labels
(Bridgeport CT US local paper) http://www.ctpost
.com/local/article/E-cig-sellers-say-no-to-warning-labels-5278882.php

Readers who want to get some insight into the burdensome nature of CT HB 5286's labelling requirements might consider looking at this piece. ACS opposes bill because spokeswoman says "We only support bills that treat e-cigs like any other tobacco product." Health dep't official favors bill and cites FDA '09. There's also some gratuitous junk thrown in by the writer of the article, who at least made some effort to quote vapers and vape shop owners.
[ HB 5286 hearing Feb 28 - burdensome labelling requirements whose purposes is to "destroy the e-cig industry" (Bill Godshall): http://www.e-cigarette-forum.com/fo...contents-nicotine-yield-hearing-feb-28-a.html ]

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US: MARYLAND

Title: E-cigarette ban is a murky area for lawmakers
(Frederick MD US local paper) http://www.fredericknewspost
.com/news/economy_and_business/business_topics/consumer/e-cigarette-ban-is-a-murky-area-for-lawmakers/article_2ed5c22a-31c7-5a4e-a728-552796dc7194.html

Despite the inclusion of junk like FDA '09, and the statement that the writers are "dubious" about vaping as a cessation tool, this editorial seems to mildly oppose MD's proposed extension to the indoor clean air act to include vaping. BTW, as I read the legislation, MD is not yet at the point of banning outdoor vaping in public parks, beaches, bus shelters, train platforms, etc. - unlike NJ. But that will likely come soon, as a result of national trends. (Besides, once the Clean Air Act is modified to include vaping, any further restrictions on places where cigarette smoking are allowed will be automatically applied to vaping.).
[ MD's HB 1291 would define vaping as smoking for Indoor Clean Air act purposes. Hearing 3/5/14. http://blog.casaa.org/2014/02/call-to-action-maryland-e-cigarette.html also see smokeless tobacco tax increase which will likely affect vaping next year: http://blog.casaa.org/2014/02/call-to-action-maryland-wants-to-raise.html explained here: http://www.e-cigarette-forum.com/fo...tronic-smoking-devices-hearing-march-5-a.html ]

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US: ALABAMA

Title: The health risks of e-cigarettes? No one knows for sure, but experts are leery
(Huntsville/Birmingham/Mobile AL US daily paper amalgam site) http://blog.al
.com/breaking/2014/02/the_health_risks_of_e-cigarett.html

The title of this piece should put every vaper on edge - here comes another heapin' helpin' of fear-mongering about "concerns and unknowns". And the fact that the local Co. Health Officer is the only quoted source also put me on edge. But to my astonishment, the MD actually embraced vaping as a cessation tool. This surprisingly balanced article - while containing some unnecessarily alarmist information about PG - also comes with some good feedback by vapers in the comments section. This source also ran a fairly decent piece about local vape shops yesterday, that was covered in this space.
[ AL's SB168 would explicitly exempt vaping from its indoor smoking ban, minor sales ban already in effect. See: http://www.e-cigarette-forum.com/fo...ld-ban-smoking-but-not-vaping-workplaces.html ]

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US: OHIO

Title: Anti-smoking efforts in Ohio back in focus
(Columbus OH local paper) http://www.dispatch
.com/content/stories/local/2014/02/28/back-in-focus.html

Gov. Kasich says he wants to spend $5M in MSA money for "tobacco control." Vapers who read ECF and/or this space will know what that means: more money for ANTZ orgs to lobby state and local officials to pass vaping restrictions and/or pay for ads in the press intended to increase public support for anti-vaping legislation (which has already been done by The Legacy Foundation and Clearway of MN). OH's simple minor ban is ready for Gov's signature, passed over objections of the ALA, ACS, etc. which wanted to redefine vaping as smoking for purposes of all OH tobacco and smoking legislation.

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US: MINNESOTA

Title: TPT Almanac
(Twin Cities MN US Public TV local news/variety show) http://video.tpt
.org/video/2365191141/

Video goes from 19:58 - 25:55 features a rep. from a MN vape store owners' ...'n and a rep. from CLEARWAY.
The vape store ...'n rep. did a generally good job, in the face of the usual ANTZ propaganda (FDA '09 + "tin nanoparticles" from Talbot's UCR "investigation"). CLEARWAY rep. grudgingly acknowledged that vaping "may be less toxic" than smoking. Vape store ...'n rep. did a good job of hitting back on the clean air argument, citing Drexel and pointing out that MN has no scientific standard of what constitutes clean air. He also noted that therapeutic nicotine inhaler users also exhale nicotine (as do users of the mist and gum). This may be worth five minutes of your time.
[Note: http://clearwaymn.org recently paid for a piece of "third party content" (i.e. advertising) in Reuters featuring a junk poll that alleged most state residents support the proposed MN legislation. However their "fact sheet" doesn't disclose what questions were actually asked, this is clearly not the kind of disclosure that we've come to expect from professional polling organizations. Clearway has also apparently paid for an advertisement in a N. Carolina Fox affiliate, apparently as a test. See more details in this space's report for Feb 26th. CLEARWAY isn't the only publically-funded ANTZ org which is using these funds to buy advertising space: the Legacy Foundation has also placed an number of ads recently, all of which are described as "third party content."]

[ MN wants to extend its indoor clean air act to define vaping as smoking. Covers outdoor vaping too, see: http://blog.casaa.org/2014/02/call-to-action-minnesota-e-cigarette.html ]

Title: Eden Prairie approves moratorium on e-cigarette lounges
(Eden Prarie MN US local paper) http://current.mnsun
.com/2014/02/eden-prairie-approves-moratorium-on-e-cigarette-lounges/

City Council bans vaping lounges and outlaws sampling in vape shops for one year. First reading of extension to city clean air act covering vaping occured with just one dissenting vote, as well as special license requirement to sell PVs. City Atty presented proposal that would ban sale entirely, which was apparently tabled.

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US: MISSOURI

Title: Consumer Reports: Electronic cigarettes review
(Springfield MO US NBC affiliate) http://www.ky3
.com/news/local/consumer-reports-electronic-cigarettes-review/21048998_24742694

Yep, it's the Consumer Reports "don't try vaping as cessation" piece again. This has proved to be one of the most fecund sources of public disinformation out there. This affiliate also ran the dreadful CNN health piece typically called "The Pros and Cons of E-Cigarettes" a couple of days ago. Please, if you live in Springfield, can you send the station an e-mail? They may be just mindlessly "painting by the numbers," so a little education from a local might help. Also please hit back in the comments section.
[ Missouri presently only has a simple minor ban under consideration http://www.e-cigarette-forum.com/fo...acco-derived-product-vapor-product-minor.html ]

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US: UTAH

Title: Gutted E-Cigarette Bill Passes House
(SLC UT US PBS) http://kuer
.org/post/gutted-e-cigarette-bill-passes-house

At first I thought this was a carbon copy of the SL Trib story that I posted yesterday which has a dateline of 1:43pm (local time). On closer inspection, this turns out to be a PBS story (they don't do knockoffs), and the dateline is 3:01pm. This piece concludes with following rather ominous sentence: "Rep. Ray says the substitute bill went too far and that after talking with Rep. Gibson [sponsor of the alternate bill which actually passed instead of Ray's proposal] he believes he’ll at least be able to get the safety standards put back into the bill when it heads to the Senate." For readers who haven't been following the situation: in a nutshell, Rep. Ray's original bill would've banned online sales and impossed burdensome and effectively unmanageable health dep't certification and (?) labelling requirements. The substitute which passed the house unanimously yesterday substituted the internet sales ban for age verification on "both ends" (presumably placement and delivery), but may be burdensome in other ways. I believe this thread contains the latest info on what is still potentially shaping up to be one of the worst proposed bills in the country: http://www.e-cigarette-forum.com/fo...grade-nicotine-require-license-make-sell.html

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US: WASHINGTON (STATE)

Title: E-cigarette ban is a murky area for lawmakers
(Spokane WA US CBS affiliate) http://www.krem
.com/news/247963541.html

Short piece begins by noting that proposed legislation would subject tobacco-free products to the tobacco tax. (This is true, insofar as the proposed 95% tax applies to devices that "can be used to deliver nicotine or other substances to the person inhaling the device" [except approved therapeutic devices]. Junk comes from local ANTZ who cites minor CDC junk. Legislator claims that the nicotine is "highly concentrated." Actually vaping delivers much less nicotine than a cigarette: http://ecigarette-research.com/web/index.php/research/2014/155-ecig-nicotine
[ Supposedly WA's SB 6569 died in cmte, but HB 2795 is identical http://blog.casaa.org/2014/02/call-to-action-washington-bill-to.html and http://www.e-cigarette-forum.com/fo...-cigs-95-referred-senate-ways-means-cmte.html text of 2795: http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/House Bills/2795.pdf ]

Title: Taxable Vapor: Washington Legislature Considers Taxing Electronic Cigarettes Like Tobacco Products
(Janathan Turley's blog) http://jonathanturley
.org/2014/03/01/taxable-vapor-washington-legislature-considers-taxing-e-cigarettes-like-tobacco-products/

An insightful, junk-free, and downright scathing report on WA's approach to taxation in the context of both a certain green leafy substance as well as interesting parallels to the current proposed 95% wholesale vaping tax. Worth a read for all vapers interested in the general subject of state taxation. Noteworthy: WA Dep't of Revenue estimates that 40% of the tobacco cigarettes burned in the state are smuggled in, most likely as a result of the fact that WA is one of a half-dozen US states to impose a tax of more than $3/pack.

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US: CALIFORNIA

Title: Passage of LB’s e-cigarette ordinance may simply depend on attendance
(LB CA US local paper) http://www.signaltribunenewspaper
.com/?p=22837

This rather detailed blow-by-blow report of the Feb 18th meeting is a bit hard to follow, but in a nutshell the discussion on LB's proposed extension to its indoor clean air act (which would also ban vaping in many outdoor locations), was apparently lively, and there weren't enough votes to pass it. The City Council will meet again on Tuesday at 5pm. See CASAA call on the Long Beach: would ban vaping in many outdoor locations (link to proposed ordinance included): http://blog.casaa.org/2014/02/local-alert-long-beach-california-e.html
Agenda for the Tuesday meeting at 5pm in Council Chambers, 333 Ocean Blvd: http://longbeach.legistar.com/View.ashx?M=A&ID=299234&GUID=B33B8BF9-DF6D-4D59-9360-64D258B71637

[ 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: Should the government regulate e-cigarettes?
(LA CA US local paper) http://www.dailynews
.com/opinion/20140228/should-the-government-regulate-e-cigarettes-redblue-america

Clone of the piece published yesterday in the L.I. Newsday under the title: "Should E-cigarettes have regulation immunity." I was hoping for a bit more thought on both sides: the focus seems to be on the psychology behind the demand for regulation. That said, the "ANTZ" advocate isn't terribly ANTZ-like, and his points are refreshingly junk-free.
[ For the situation in LA (hopefully someone will update this ... I believe final hearing is this week [?]): http://www.e-cigarette-forum.com/fo...-cigarette-usage-ban-update.html#post12397323 ]

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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.)
 
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