3/17/14 - BREAKING: MD vaping=smoking DIES IN CMTE; Santa Monica CA next vaping=smoking?; DeSoto Co. MS, US Domestic only: MA,NJ,DE,MD,MS,IL,UT,CA

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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) MD's vaping=smoking bill died in comte (would've prohibited vaping wherever smoking is prohibited). No reports in the media yet, but see this ECF thread for legiscan and MD legislature links:
http://www.e-cigarette-forum.com/forum/legislation-news/540852-win-maryland-vapers.html

2) Santa Monica may be the next California town to extend its indoor/outdoor clean air act to ban vaping indoors and outdoors whereever smoking is prohibited.

3) DeSoto Co. MS supervisors pass vaping=smoking ban which applies only to Co. buildings and co. property (indoor and outdoor).

Coverage (US Domestic Only): MA, NJ, DE, MD, MS, IL, UT, CA

Also: Dr. Siegel cites Daly City mayor's hipocrisy; Gary Cox on the minor meme, and The Economist analyzes the potential impact of intellectual property litigation on the vaping industry.


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BLOGS, STUDIES, ETC.

Title: Daly City Mayor Wants to Shut Down Shops that Sell E-Cigarettes, Keep those that Sell Real Cigarettes
(Dr. Siegel's Blog)
http://tobaccoanalysis.blogspot.com/2014/03/daly-city-mayor-wants-to-shut-down.html
This space reported on Saturday that the major of Daly City CA wants to restrict the number of vape shops (currently three), due to "concerns" over minor access. However, the mayor has no plans to crack down on stores that have been caught selling tobacco cigarettes to minors - which account for about a quarter of nearly a hundred stores with tobacco licenses.

Title: US Convenience Stores to Age Screen for E-Cigs
(ECF's InfoZone)
US Convenience Stores to Age Screen for E-Cigs - ECF InfoZone
Gary Cox on the whole "gateway to tobacco for teens" meme, and the issue of sales to minors.

[REPOST due to new article - Originally posted 3/14/14]
Title: Social pressures rather than physical dangers may restrict e-cigarette use, says university professor [Jason Hughes, of the U. Leicester]
(Questionable medical news site)
Social pressures rather than physical dangers may restrict e-cigarette use, says university professor Title: Restrictions to e-cigarette use will be enforced due to social pressures rather than healthcare issues, says academic
(U. Leicester UK web site)
Restrictions to e-cigarette use will be enforced due to social pressures rather than healthcare issues, says academic — University of Leicester
This excellent audio lecture (summarized on the web page) should contain little surprising information for anyone who has been following the situation in the EU - particularly the likely future impact of the Tobacco Products Directive on the future of commercially-available vaping options, as well as public perceptions of vaping.


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WORLD

Title: Why Altria Group Could Derail E-Cigarette Growth
(Int'l Investment mag) http://www.fool
.com/investing/general/2014/03/17/why-altria-group-could-derail-e-cigarette-growth.aspx

Motely Fool columnist cites CSP magazine for the guestimate that vaping industry annual growth rates over the next decade or so could be a mere 10-15% instead of 30-50% due to the regulatory environment: http://www.cspnet
.com/category-management-news-data/tobacco-news-data/articles/editorial-e-cigs-big-problem-0

Next the conjecture is that the entree of three of the four largest BT firms (Altria, Reynolds, and Lorillad) "...could be partly responsible for public officials' skepticism of the new product." (Your correspondent thinks that BT is simply a convenient whipping boy for the Tobacco Control Industry, which comes in very handy when it comes to moving politicians and mounting public relations campaigns in the press: in order to pass the very regulations in question. Which explanation makes more sense? Hardly, matters, does it.)
The "foolish takeaway" is that BT will be in a good position regardless of whether vaping ends up vastly reducing the prevalence of smoking, or ends up fading away as some sort of fad (because taxation and regulation make vaping too difficult, and/or expensive, which is clearly what the Tobacco Control Industry would dearly love.) In fact any scenario in between would also be just as good for BT's financial interests.
However the article neglects to mention that BP and the Tobacco Control Industry will not fare well under all outcomes. Indeed: tens of thousands of Tobacco Cessation and Prevention workers all over the world may be out of a job, and hundreds of millions (if not billions) of dollars used to fund Tobacco Control research might dry up. NRT sales? Those won't do well either, in a world in which vaping can survive unmolested.


Title: A case of the vapers
(The Economist) http://www.economist
.com/blogs/schumpeter/2014/03/e-cigarette-patent-wars

Junk-free but very confusing tour of the intellectual property landscape to be explored by pending vaping technology litigation. The conclusion?
"The e-cigarette business, then, will probably end up much like the smartphone industry (whose miniature-battery technology helped make modern e-cigarettes possible): awash in patent-related lawsuits and counter-lawsuits. Taken together with restrictive and ill-conceived e-cigarette regulations proposed on both sides of the Atlantic, all this may slow growth and innovation in an industry that could greatly reduce the number of smoking-related deaths worldwide. Not exactly a win for anyoneinvolved." Note: If you get a message about a pay wall, close your browser, clear your cookies and try again.



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US NATIONAL

Title: Up From Nicotine - Why the stigma against e-cigarettes?
(US Nat'l conservative mag) http://spectator
.org/articles/58356/nicotine

Junk-free lament from Ben Stein which doesn't say too much. Apparently he's working for Lorillard (which is too bad insofar as his objectivity would be questioned, were he to take a larger role - but so far he hasn't).

[REPOST due to new article - Originally posted 3/15/14]
Title: E-cigarette maker Johnson Creek partners with Illinois distributor
(Milwaukee WI local bus. paper) http://www.bizjournals
.com/milwaukee/news/2014/03/17/e-cigarette-maker-johnson-creek-partners-with.html
Title: Republic Tobacco takes 50% stake in Johnson Creek Enterprises
(Milwukee WI US local paper) http://www.jsonline
.com/business/republic-tobacco-takes-50-stake-in-johnson-creek-enterprises-b99225307z1-250341621.html

Heads up, JC afficiandos (in the interests of full disclosure: I was a big fan of JC before DIY'g). No junk in this piece - and some fun facts to boot: JC already makes the e-juice in Blus, which is quite likely why these are better than the other disposables; and Republic tobacco not only makes Top cigarette papers and Drum tobacco, but also the Top-O-Matic (again in the interests of full disclosure: my RYO machine, when I was still doing analogs). In short, the proverbial "cute couple." They're also both Midwestern - JC is based in Hartland WI, and Republic is based in Genview IL. JC founder Christian Berkey expects 2014 sales to grow to $25M this year (from $16M in 2013), and intends to add 15-20 employees in the next three months along with a third shift.

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US: MASSACHUSETTS

Title: LETTER: Congratulations to Marion for passing Enhanced Tobacco Youth Access Regulation
http://reading.wickedlocal
.com/article/20140227/NEWS/140227415/12457/OPINION
(Reading MA US local paper)
Letter from Judith Coykendall, Tobacco-Free Community Partnership, Seven Hills Behavioral Health, New Bedford MA. Mentions vaping in passing, with the assumption that vaping is yet another plot by BT to hook teens on smoking tobacco cigarettes, and also that the two behaviors are indistinguishable in terms of the danger to public health:
"... many boards of health in southeastern Massachusetts, including Marion, Rochester and Wareham, have passed Enhanced Youth Access Regulations to fight back against these tobacco industry tactics. The enhanced regulations restrict the sale of electronic cigarettes to those 18 years of age and older, require that cheap flavored cigars be sold in packages of four, prohibit the sale of flavored blunt wraps, and prohibit the sale of tobacco products including e-cigarettes in all health care institutions including pharmacies. I recommend that readers take a look at the New Surgeon General’s Report online and share it with any young person they know. They need to understand that trying the first cigarette, cigar, or e-cigarette can be the most deadly decision they every make. [para breaks omitted]"
[Your tax dollars paid for this letter.]

[ HB 3726 would ban vaping wherever smoking is banned, see CASAA call: CASAA: Call to Action! Massachusetts E-Cigarette Usage Ban -- HB 3726 (formerly HB 3639) (UPDATED) ]

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US: NEW JERSEY

Title: Popularity of e-cigs prompts concerns over use by youths
(Morristown NJ US local paper) http://www.northjersey
.com/news/popularity-of-e-cigs-prompts-concerns-over-use-by-youths-1.743519#sthash.sesBZnjI.dpuf

This is another piece by Kara Yorio, the vaping specialist for Morristown's The Record, and a great example of what happens when a tired reporter who knows little about the subject is asked to handle statistics. What's especially appalling about this story is that the second paragraph claims without attribution: "Not only do the products come with enticing flavors, kids may think vaping doesn't have the same health risks of smoking. Then they see a star doing it in public and want to emulate them, much like young people have with conventional tobacco cigarettes in the past. Add in the existence of e-cig commercials to a generation that had never seen a traditional cigarette commercial and the parental anxiety climbs."
(Sounds a bit more like a blog written to describe someone's personal opinions as opposed to a fact-based a newspaper article doesn't it?) And right on cue, concerned parents (for whom the article is clearly written) find out about the "fears, concerns and unknows" of the "experts:"
"'I do think it's problematic,' said Donna Richardson, clinical coordinator of the Tobacco Dependence Program at Rutgers and an instructor at Rutgers School of Public Health. 'It probably is something cool to try that tastes good because of all the flavors and that it's not such a leap to then move to, say, menthol cigarettes. There's a dopamine release from the cigarettes that nobody's getting much of from the electronic cigarettes. It's a step up in terms of the biochemistry to move on to the cigarettes.'" Ah ha. Now that's science! Concerned about the children, yet? Well, if not, listen to this:
"'There are two shops just a stone's throw from the cancer institute that do a thriving business in these gadgets,' Richardson said."
(How dare they? Selling these 'gadgets' near a cancer institute?! When they know these devices are all about killing more people with tobacco and cancer??? Some people have no shame!)
As you might anticipate, the remainder of this alarmist story takes us to Dutra & Glantz's JAMA paper that serves as the cornerstone of the ANTZ meme that vaping is a "gateway behavior" for tobacco smoking, among teens, by confusing causality with correlation. But here's the newspaper reporter's statistical tour de force:
"The survey found that students' use of electronic cigarettes rose from 3.3 percent to 6.8 percent in 2011 and 2012. But the number of smokers declined only slightly, from 5 percent to 2011 to 4 percent in 2012."
Wait a second. Teen smoking is declining by a fifth while teen vaping is rising?? Hold it ... aren't the parents supposed to be concerned that vaping leads to smoking? Wasn't that what the Tobacco Control staffer said??

[ NJ's house bill A1080 was originally proposed as a ban on tobacco smoking in parks and beaches, but was immediately ammended to include vaping as soon as it got on to the house floor. See: http://www.e-cigarette-forum.com/fo...ng-all-public-parks-beaches.html#post12349761
Also, Gov. Christie says he wants to tax vaping at the same rate as analogs:
http://www.e-cigarette-forum.com/fo...ual-2-70-pack-cigarette-tax.html#post12450301
And:
CASAA: Call to Action! New Jersey's Governor Christie is Proposing a Tax on E-Cigarettes at the Same Rate as Combustible Cigarettes
]

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US: DELAWARE

Title: Bans on smoking gain momentum
(Wilmington DE US local paper) http://www.delawareonline
.com/story/news/local/2014/03/14/bans-on-smoking-gain-momentum/6445377/

Surprisingly junk-free report on the push at U. Del to declare a campus-wide outdoor smoke-/vape-free policy. Vaping is mentioned only in passing, although there was one interesting statistic provided by a physics prof.:
"Also, [John Morgan] said, everyone in the UD community would have to smoke thousands of cigarettes a day to equal the air pollution expected to be emitted by a natural gas-fired power plant proposed for the UD STAR Campus."
For more on this story, see coverage in this space from 3/9/14, and:
http://www.delawareonline
.com/story/news/education/2014/03/08/ud-students-press-for-a-tobacco-free-campus/6214577/

[ DE's HB 241, a simple minor sales ban, is still in a house cmte. ]

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US: MARYLAND

NOTE: Coverage of these stories were done before MD's HB 1291 recieved an "unfavorable report" from a house commitee. 1291 would've banned vaping whereever smoking is prohibited. As of 6:30P ET, this (approx) 1P ET action by the house commitee hasn't been reported anywhere besides ECF. However both legiscan and the official MD legislation site have reported this action. See: http://www.e-cigarette-forum.com/forum/legislation-news/540852-win-maryland-vapers.html

[REPOST due to new article - Originally posted 3/16/14]
Title: Bill Would Ban E-cigarette Use in Public Places
(Capital News Service, College Pk MD US) http://cnsmaryland
.org/2014/03/14/bill-would-ban-e-cigarette-use-in-public-places/
http://somd.com/news/headlines/2014/17939
.shtml
http://www.times-news
.com/local/x1974700222/Bill-would-ban-e-cigarette-use-in-public-places
http://www.gazette
.net/article/20140317/NEWS/140319397/-1/bill-would-ban-e-cigarette-use-in-public-places&template=gazette

You have to hand it to this reporter for at least attempting to cover all "sides" of the issue. It's rare to read an article in which we find that there is no "conclusive evidence that the vapor produced" is harmful [to bystanders]." So far, so good. "However, supporters of the proposed ban [on vaping wherever smoking is prohibited] believe that the glamorous portrayal of e-cigarettes in advertisements could be sending the wrong message to the youth. Many e-cigarette advertisements utilize sex appeal to sell their product, not unlike the tobacco and alcohol industries. E-cigarette use more than doubled among U.S. middle and high school students from 2011 to 2012, according to data published by the CDC. 'E-cigarettes could be a gateway product to a lifelong addiction of nicotine,' [bill sponsor] Miller said."[para breaks omitted]
All in all, that's not too awful for the amount of junk in a standard piece, although it would've been nicer if the reporter had access to sources that could've provided more insight into the bogus minor gateway argument. At the very least, it seems that local ANTZ either hadn't properly prepped the bill's sponsor in the more typical scurrilous talking points, and/or weren't given the chance to cite them by the reporter.


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US: MISSISSIPPI

Title: DeSoto Supervisors Outlaw E-Cigarettes in County Buildings
(Memphis TN US CBS affiliate) http://wreg
.com/2014/03/17/desoto-supervisors-outlaw-e-cigarettes-in-county-buildings/

No 'junk' as such in this short piece, and very little informatio other than:
"Monday, DeSoto County Supervisors turned thumbs down to the newfangled smokes in County buildings. 'We had some requests from people who want to smoke those, I guess it’s a vapor, at their desks,' said DeSoto Supervisor Mark Gardner. Supervisors say until the Federal Food and Drug Administration studies e-cigarettes and comes up with guidelines, they’ll treat them like regular cigarettes. 'Our obvious concern is if there’s any harmful carcinogens or any thing of that nature that might impact your co workers,' Gardner explained."
[Your correspondent wonders whether local ANTZ orgs were behind this: but perhaps the information as stated is all there is to know.]

[ All efforts to extend the indoor clean air act and/or to otherwise regulate vaping in MS appear to have died this year. Please PM me if you know differently. ]

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US: ILLINOIS

Title: [VOTE:] Bolingbrook Trustees: Tobacco Laws Apply to E-Cigarettes, Too
(Bolingbrook IL US local web site) http://bolingbrook.patch
.com/groups/politics-and-elections/p/bolingbrook-trustees-tobacco-laws-apply-to-ecigarettes-too

Junk-free request for vote: should vaping be regulated like tobacco cigarettes for all purposes - especially use in indoor/outdoor public places, and B&M outlet regulation?
[ IL currently considering two bills that require vaping supplies (but not non-cigarette tobacco) to be behind the counter, see: http://www.e-cigarette-forum.com/fo...counter-exempts-tobacco-specialty-stores.html and one bill that would require special packaging: http://www.e-cigarette-forum.com/fo...-e-cig-products-sold-il-protect-children.html Also worth watching: SB2659, which would ban smoking in cars containing a minor - however the definition doesn't currently include vaping (and is still in the Public Health Cmte, with a status of "postponed." See: Illinois General Assembly - Bill Status for SB2659 And HB 689, which would mandate special packaging in order to protect children (which only has one sponsor at the moment: http://www.e-cigarette-forum.com/fo...-e-cig-products-sold-il-protect-children.html ]

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US: UTAH

Title: E-cigarette safety still up for debate in Utah
(Logan/Cache Valley [SW] UT US local news site) http://www.cachevalleydaily
.com/news/article_c50af150-ad97-11e3-91f1-0017a43b2370.html

Very short piece consists of talking points from regional ALA dir. who cites CDC minor junk, as the only factiod. After that it's smearing and speculation: (1) BT owns vaping co.s and "appear" to be marketing them towards teens; (2) "skepttical" that vaping will "ever be considered a legitimate [cessation] method" since the "tobacco companies" aren't asking for FDA approval (Glantz's argument); (3) "tobacco companies" will "Fight government regulation" because it will lead to "taxes and warning labels." Perhaps this e-rag should stick to speculation about the likely winners of the local single-A HS cheerleading contest. That said, perhaps it's a good thing that local ALA chapters in rural Utah don't appear to have reliable internet.

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US: CALIFORNIA

Title: Council takes a look at e-cigs
(Santa Monica CA US local paper) http://smdp
.com/council-takes-a-look-at-e-cigs/133099

Vaping opponents are in an all-out effort to convince the city council to regulate all aspects of vaping in the same way as tobacco cigarettes. You'll see just about every nuggest of junk science in this piece (including the now-infamous tin nanoparticles). Appeals to the "minor gateway-to-tobacco" canard and a general insistance that vaping is smoking also join the "big tobacco is out to get us again" fear-mongering. article seems to mention that there is some effort to respond from our side, and Julie Woessner of CASAA is quoted (I don't know if this is a boilerplate quote or if CASAA is already involved). Two council members say that they "want more information," and one appears to be persuaded that nicotine exposure could be an issue (will they ban prescription nicotine inhalers, too?). Your Correspondent believes (based on his time living in LA) that Santa Monica is an Los Angeles suburb which attracts some fairly well-known denizens, and has much greater visibility than its population and location might suggest. Prepare for the most bitterly-fought and closely-watched California municipal battle since Los Angeles.
[ 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: Southland e-cigarette shop owners hope to help users quit tobacco
(San Bernadino CA US local paper) http://www.sbsun
.com/health/20140316/southland-e-cigarette-shop-owners-hope-to-help-users-quit-tobacco

This piece begins with a lengthy focus on two new vape shops, and features extensive profiles of the owners. But then it continues by wading into the minor gateway-to-tobacco argument, citing the Dutra & Glantz JAMA paper which has become the focus for this abuse of statistics. To my astonishment, it then quotes extensively from Dr. Siegel's attack on the JAMA paper (i.e. it confuses correlation with causation). This is followed by a new ANTZ line on PG: "'Propylene glycol is recognized as a food additive, but when you inhale it into your lungs it’s a new ballgame, and this is one of our causes for concern for e-cigarettes,' [ALA Pres. for nat'l advoacy] Sward said. 'There have been some initial indications that show irritation to the lungs similar to smoke and another preliminary study that shows there may be cell changes as a result of this.' [boldface added, para break omitted" So this is the new line, PG "may" cause cancer. See also: http://rodutobaccotruth.blogspot.com/2014/03/vapers-know-your-e-cig-ingredients.html

Title: E-cigarettes safe; no need for S.F. to ban them
(SF CA US local paper collection site) http://www.sfgate
.com/opinion/openforum/article/E-cigarettes-safe-no-need-for-S-F-to-ban-them-5322970.php

While this is a junk-free pro-vaping article, it strikes your correspondent as being heavy on the rhetoric, light on the science, and unlikely to persuade anyone who isn't already predisposed to taking a certain point of view about govenment action. It's hard to believe that anyone who knows nothing about vaping is going to be persuaded by arguments that seem to center around profitability: "If businesses are not able to sell technologically advanced products - and consumers not able to benefit from the same - until they are proved unharmful, we'll quickly succumb to unscientific and demagogic fear campaigns. Business owners will be forced to devote their time and energy to warding off baseless attacks from finger-wagging do-gooders. Commerce will be blunted and innovation will be suffocated as fewer new products are brought to market."

Title: E-cigarettes banned at San Diego County Fair
(Carlsbad CA US gen'l news collection site) http://thecoastnews
.com/2014/03/e-cigarettes-banned-at-san-diego-county-fair/

Rehash of a piece that ran in the SD Union Tribune, which states all the junk science offered by politicians and fair officials for banning outdoor vaping at the state fair. Some particularly choice selections:
"Ray McEdward, a La Mesa resident and lifelong asthmatic, said he avoided the county fair until last year because of tobacco smoke. But while waiting in a food line the person in front of him lit up an e-cig, as they are known. McEdward said he had to use his rescue inhaler and then he and his wife left the fair early. He said the devices 'are not the harmless items everybody thinks they are. Who knows what’s in this vapor?' McEdward asked. 'If smokers can go eight-plus hours on a cross-country flight, why can’t they attend the fair for six hours without an e-cigarette?' All 10 speakers at the meeting urged the board to add e-cigs and other similar devices to the list of banned smoking items at the fair. Many cited an increase in their use by young people. Barbara Gordon, from the San Dieguito Alliance for Drug Free Youth, [ATTN: your tax dollars at work!] said they are perceived by youth as 'safe and exciting. We do not want to re-glamorize smoking again,' she said. Her colleague Judi Strang said the industry is targeting youth with products such as cotton candy flavorings and pink cases. She also said there is 'anecdotal evidence' that the devices help smokers quit the habit, but 'research doesn’t yet show' they are a successful cessation method." [boldface added, para breaks omitted].
And there you go - a near-perfect ANTZ score. The only things they left out were the volatile organic compounds, the fact that vaping is a plot by BT, and of course ... the tin nanoparticles. I'd still give 'em 85 out of 100.



***

Google Tips

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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