3/9/13 - BREAKING: Schumer new US legis.(?), Davis CA & Berk. Co. WV vaping=smoking?; EU, UK, US States: MA, NY, NJ, DE, FL, SC, WV, IN, OR, CA, HI

Not open for further replies.
Jan 19, 2014
Moved On
    [ 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) US Sen. Schumer (NY) just issued a press release early this afternoon (Sun US ET), in which he tied three things together.
    HFirst, he references an NYT article published on Weds in which different vaping technologies (e.g. "vape pens") are cited by both the CDC and California authorities as playing a role in confusing minors about what sort of device is actually being used. (The CDC and California both believe that the number of minors who are vaping was underestimated by previous studies, and each plans to do an additional survey.)
    Second, in today's press release, Sen. Schumer mentions the JAMA data analysis done by Dutra & Glantz, which was released on Thursday, in which the authors (effectively) concluded that vaping is a gateway behavior that leads to more minors who smoke tobacco regularly.
    Third, today's press release by Sen. Schumer highlights his role as a co-sponsor of the Protecting Children From Electronic Cigarette Advertising Act of 2014 (PCECAA) which was introduced two weeks ago.
    It's not clear from the early press reports is whether Schumer plans to introduce additional legislation, call for a stronger version of the PCECAA, or merely emphasize the need to support the PCECAA.
    What American vapers should know is that the media, the public, and the politicians in the U.S. are increasingly making the assumptions that: (a) children are being intentionally targeted in vaping advertising and product offerings; and (b) vaping is a gateway to tobacco smoking among minors.
    If a consensus on these two ideas becomes cemented within the press, the public, and policy makers, then the consequences will be significant. Your correspondent believes that (a) is already a fait accompli.
    (Note: If you're really interested in this critical development, please scroll down to the first collection at the end of this post (after Hawaii) - I provide the full background there, for those of you who haven't been following last week's fast-moving developments closely.)

    2) Yakima WA city council meets Tues at 6pm to discuss proposed extension to its indoor clean air act that would cover vaping.

    3) City of Davis CA to consider extending indoor clean air act to include vaping (no date for hearing set).

    4) Berkeley Co. (Martinsvile) WV health board hearing meets 3/18 to consider draft "smoke free" proposal by state ACS chapter.

    5) At least $500M in MSA settlement money total to be lost by six states if an arbitrator's ruling is upheld. This may also apply to other states. The Master Settlement Agreement of 1996 is a major source of funding for the Tobacco Control Industry.

    6) U Del. happy to listen to students who demand a tobacco-free (and vapor-free) campus, on the grounds that "it's their university," according to campus official.

    7) Stories on Thursdays JAMA publication continue to make their way around the world - now syndicated by an Indian news service.

    Coverage: EU, US States: MA, NY, NJ, DE, FL, SC, WV, IN, OR, CA, HI

    Also: Gary Cox reviews Linda McAvan's background and the evidence she cites for rejecting a "lighter touch regulatory framework" for the EU's TPD. VUSE (R.J. Reynolds) booth at the South-By-S.W. Music Conference. The first vaping franchise in the US (in the world?) opens up its ninth store.



    Title: Profiles in Prohibitionism: Linda McAvan
    (ECF's InfoZone) http://www.e-cigarette-forum

    Gary Cox looks at McAvan's reasons and evidence for supporting the TPD while rejecting ammendments that would propose a "lighter touch regulatory framework" (her words). She emphasizes the need for "long term studies and the importance of a smoking gateway, especially for children." (Quote from article, not her words). American vapers should be familiar with the significance of the gateway argument, especially when children are concerned.



    Title: Video: R.J. Reynolds Promotes 'Smart' E-Cigs at SXSW [VUSE]
    (US Ad. industry 'zine) http://adage

    Brief junk-free piece on VUSE (R.J. Reynolds) promo booth at the South-by-Southwest Music Conference and Festival (SXSW) held this year in Austin TX. Contains a video. The VUSE is every experienced vaper's nightmare, because it's completely proprietary, tracks every puff (perhaps future versions will upload this information without your consent), and contains essentially no user-customizable options (and obviously the user has no control over the e-juice, which can only be replenished by purchasing another proprietary tamper-free cartridge). These are the attributes that many vapers fear will become required by the US FDA as well as the de facto result of the EU's TPD ... even as homemade or nonstandard vaping equipment becomes illegal to sell (and perhaps eventually unlawful to possess, as "paraphernalia."). For a glowing (but rather naive) review, see: http://www.digitaltrends



    Title: E-Cigarette Players vow to fight 'unworkable' EU clampdown
    (UK Grocer trade 'zine) http://www.thegrocer

    Junk-free article cites promise to litigate from the Electronic Cigarette Trade Assn's Katherine Devilin. Apparently no cases can be filed until it takes effect within a member state.



    Title: Schumer Pushes Bill to Ban E-Cigarette Companies from Marketing to Children
    (NYC CNN affiliate) http://www.ny1

    I couldn't figure out from the early reports whether Sen. Schumer is planning to introduce additonal legislation, or whether this story came from a fresh press release which deals with the legislation introduced last known as the Protecting Children From Electronic Cigarette Advertising Act of 2014 (co-sponsored by Schumer). However this press release mentions Thursday's JAMA study. I've collected the other stories below at the end of this post. This piece, and all similar articles are "junk" insofar as they presume that (a) vaping is being marketed to children; and (b) the conclusion in Thursday's JAMA article by Dutra & Glantz is correct - namely that vaping is a gateway to tobacco smoking for minors. Obviously Schumer's Press Release makes both these assumptions.

    Title: Fight over tobacco settlement money could cost Pennsylvania millions
    (Reuters) http://www.reuters

    PA files to overturn an MSA arbitration ruling affecting PA plus five other states (IN, KY, MD, MO, and NM). The arbitration ruling would cost the six states a total of $500M, due to reduced payments from the four OPM ("original participating manufacturers") under the MSA. The OPMs claimed successfully that the states failed to enforce the provisions which penalized competitors to the OPMs, as per the MSA. The outcome of this dispute could affect a number of other states, although only PA has currently filed to overturn the arbitrator's decision. If the states lose, this will mean less money in the coffers of the Tobacco Control industry, which is significantly funded by MSA settlement payments. No junk.

    Title: Will New City Bans Halt the Growth of the E-Cigarette Market in America?
    (US Nat'l bus.) http://www.fool

    Apparently intended to inform investors about the prospects for the future of large firms that invest in vaping, this article says very little, other to make the obvious point that regulation will have a huge impact over the future of the industry. The one good thing I can say for it is that it has no junk and a photograph of a satirical "no smoking" Sign on which is written: "Includes e-cigs and anything that sort of looks like smoking."

    Title: Tax rather than regulate budding e-cig market
    (US Nat'l legal/regulatory news ind. web site) http://bizlawnews.com/news/57207/tax-rather-than-regulate-budding-e-cig-market/#z7tYSVhhJchF1qHV

    I listed this as a classic example of a remarkably naive perspective on vaping regulation, one which is likely to be shared by legislators and media "opinion leaders" in a number of states. Why do I think the author is ignorant? Well, it's hard for me to know where to begin, although one could start with his assertion that 0% nic. juices are a "thinly-veiled attempt [by BT] to disguise" PVs as nic. delivery devices. Beyond that, he seems to entertain the ludicrous notion that states will be any more resistent to well-financed lobbying and/or litigation than the Federal government. And he appears to be utterly unaware of the existence of the most deeply-pocketed player in this high stakes game: BP and the Tobacco Control industry that it funds. But for vapers who are interested in organizing - and the inevitable interactions with the media and politicians which it necessarily entails - this is a must-read, insofar as it illustrates the extent to which many of these folks will be in the dark.



    Title: On e-cigarettes, many questions but few answers
    (Boston MA US local paper) http://www.bostonglobe

    Yep, it's the junky "don't try vaping for cessation" Consumer Reports piece that first surfaced about five weeks ago, and made its way into a video version that was snipped/knocked off by literally scores of network and other TV affiliates around the US (and even overseas). Like any good leftover, this one keeps practically forever in the fridge. (Got company coming? No problem: cover with cheese, reheat, and season with FDA '09[tm] Diethelyne Glycol. They'll never guess that you didn't make it just for them.)
    [ 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) ]



    Title: Roswell Park seeks e-smokers for paid study
    (Buffalo NY US local paper) http://blogs.buffalonews

    [This story was first reported last week from another outlet. As a service to readers, I'm reporting again on this version. Both are junk-free. (Roswell Park Cancer Inst. also did the dreadful junk study on THV - "third hand vapor" - which was described as "smoke."). RPCI seeks volunteers for a study described as: "Up until now, there have not been many scientific studies on e-cigarettes, so researchers really want to see if there are any risks. They also want to find out just how beneficial vaping can be for smokers trying to quit. They will compare the nicotine levels of people who are smokers, non-smokers, e-cigarette users and those who use both e-cigarettes and traditional cigarettes. Those are most likely people who vape to try to stop using tobacco all together. Researchers call them dual-users." We won't know what the results of this study will be until we see the grant application. Volunteers will be selected from both the US and Poland. More ominously: "'We want to find out how much nicotine users of electronic cigarettes can get from these devices. We also want to know if these devices can reduce risks of getting cancer, being exposed to different chemicals from tobacco smoke,' says Dr. Maciej Goniewicz."
    [ NY has a vaping=smoking bill indoor ban now in the legislature. See: http://www.e-cigarette-forum.com/fo...ng-e-cigs-contain-tobacco-all-workplaces.html also tax bill: http://www.e-cigarette-forum.com/fo...-tax-e-cig-cartridges-75-wholesale-price.html ]



    Title: Opinion: Not 'e-lated' over feds' lack of e-cigarette regulation
    (So. Jersey/Woodbury NJ US local paper) http://www.nj

    If you want a professional ANTZ hit job, then hire a professional. Tax dollars are being well spent in this case. Similar to the KC Star article covered in this space last week: http://tobaccoanalysis.blogspot.com/2014/03/another-tobacco-control-professional.html
    [ 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:



    Title: UD students press for a tobacco-free campus
    (U. Del. US student paper) http://www.delawareonline

    "'A healthy student population ... that would be the ultimate goal,' said Jessica Borcky, president of UD's student government association and a senior majoring in public policy." Proposed "tobacco free" policy would include vaping as well as smokeless tobacco. (In case you were wondering, it appears that vaping is considered use of a "tobacco product," regardless of what's being vaped.) HR Dir. says: "The undergraduate student government has basically voted for this and pushed it to the administration ... Students live here, it's their university. The view of the University of Delaware is we are willing to listen to the student body on this." [How refreshing it must be for UD students to have such an attentive administration.]
    [ DE's HB 241, a simple minor sales ban, is still in a house cmte. ]



    Title: E-cigarette store [Franchise outlet] debuts in Orlando
    (Orlando FL US local paper) http://www.orlandosentinel

    Short junk-free story on a vape store franchise known as Palm Beach Vapors (I believe this is the first franchise in the US, or perhaps the world). Ninth store opened in Orlando. "Palm Beach Vapors said its 'proprietary system' allows franchisees to create more than 150 vapor flavors onsite. Customized blends can include strawberry banana split, blueberry cheesecake or root beer float. [Those folks will be especially unhappy iuf/when flavors are banned.]
    [ FL simple minor ban, SB 224 is ready for Sen. Floor on March 4 when legislative session opens, also see:



    Title: E-cigarettes gain fans, critics as ‘vaping' spreads
    (Spartanburg SC US local paper) http://www.goupstate

    "Balanced" (relative to the usual standards), and generally well-researched. Local gov't equivalent rep. of Tobacco Control (Spartanburg Alcohol & Drug Abuse Commission) makes some fairly mild comments, but a respiratory therapist and certified smoking cessation counselor with the Greenville Health System indicates that "Ten years from now, we are going to see people using these products coming in for different diseases, some of which we may not have even seen." and that "liquid inside e-cigarettes contains toxic materials linked to blood clots, migraines, or even brain damage." (Is he talking about PG or just nic.?) Contains CDC minor junk and so forth.
    [ SC H4553 still in cmte, extends equivalent of clean indoor air act to cover vaping but apparently SC doesn't ban smoking in most privately-owned workplaces. See:



    Title: E-cigarettes creating a buzz
    (Martinsburg WV US local paper) http://www.journal-news

    ACS is drafting a proposal for a "vape free" ord. to be adopted by Berkelely County's Health Board that would cover outdoor vaping in parks, fairs, etc. as well as other locations. State and local health officials are working together with the ACA, AHA, ALA and other organizations to draft the legislation. Board hearing is March 18th, if you live in the area, please check to see if it's open to the public and/or if there's any way for the public to comment. Article is chock-full-o'-junk.
    [ WV's HB 4237 has passed house. Curiously this simple minor ban includes NRT stuff like lozenges & gum. ]

    Title: ‘The issues are complicated’ with e-cigarettes
    (Fairmount WV US local paper) http://www.timeswv

    This "opinion" piece expresses no opinions at all, but is relatively junk-free. Results of paper's rather silly poll are reported, in which - astonishingly - a majority of respondents either indicated that vaping shouldn't be "regulated, including a ban on [sales to minors," or said that they were "not sure." (Not exactly the most deftly-phrased question, but presumably it was crafted hastily, in a futile effort to obtain a significant majority of affirmative replies).



    Title: E-cigarettes largely unregulated
    (Valparasio IN US local paper) http://www.nwitimes

    Brief report on two Valpo vape shops. Cites CDC junk minor stats, says "officials worry that they're being marketed to children," and Miranda Spitznagle, the "dir. of Tobacco Prevention and Cessation" says: "I think the main message from the health community is we just don't know enough." (Except that "we do know enough" to tell smokers that they should keep smoking if the patch, gum, etc. doesn't work.) Mentions IN HB 1174, 24% wholesale tax on juice & equipment, which is still in cmte.



    Title: The war on 'vaping' is misguided: Guest opinion
    (Portland OR local paper) http://www.oregonlive

    Pro-vaping opinion takes on the whole "renormalization" argument, which we can expect to hear a lot more about, now that children are front and center in the "War on Vaping" (in their role as human shields, it seems). Writer also astutely points out that outdoor vaping bans will be partly justified because doing something that looks like smoking sends the wrong message to adults as well as teenagers. (C.f. what LA City Atty Mike Feuer said here, no doubt taking his cue from the Tobacco Control industry: http://www.latimes

    [ Both OR bills died this year in cmte. One was a simple minor sales ban, and the other was a vaping=smoking extension to the indoor/outdoor clean air act. As the above article correctly notes, this happened in part because the ANTZ orgs were opposing the minor sales ban in favor of the other bill. ]



    Title: Yolo County enters debate over e-cigarettes with Davis addressing possible ban
    (Woodland CA US local paper - re: Davis) http://www.dailydemocrat

    Davis CA considers vaping=smoking extension to its indoor clean air act. Local health officials have studied their talking points: "'Because even if [some] people quit tobacco ... more are using both and are not quitting them completely,' said Kerianne Hess, an e-cig expert in the Yolo County Health Department. [Para break omitted] She said there's other chemicals in the liquid that make e-cigarettes 'not a safe alternative' to cigarettes. She mentioned propylene glycol, which is safe as a solid such as in personal care products and plastics but when heated up can be carcinogenic." (The FDA would doubtless be surprised to hear this.) Vapers living in or near Davis CA are urged to contact the city for information about future hearings.
    [ 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: E-Cigarette Makers Lure Young People by Using other Names for their Products
    (UCLA-supported "watchdog" site) http://www.allgov

    Your tax dollars at work in this hit job piece, which contains lots of junk, plus carefully-selected snips from last week's NYT article on minors and "vape pens," etc.



    Title: City of Yakima may ban e-cigs, :censored: vaporizers in public places
    (Yakima, WA local paper) http://www.yakimaherald
    Relatively junk-free piece on Yakima's City Council meeting tomorrow. Vaping will be banned on all municipal property, and 25 feet from doorways to public places. Hearing tomorrow 6pm at City Hall.
    [ Washington's HB 2795 has been incorporated into the budget, will impose a 95% tax. See: http://www.e-cigarette-forum.com/fo...-cigs-95-referred-senate-ways-means-cmte.html and
    CASAA: Call to Action! Washington Bill to Impose Excessive 95% Tax on E-Cigarettes text of 2795:
    http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/House Bills/2795.pdf



    Title: Hawaii lawmakers advance bills on deadline dayHawaii lawmakers advance bills on deadline day
    (WA DC US local paper) http://www.washingtontimes

    Junk-free report on end of HI st. sen. session. In a nutshell SB 2495 is moving forward after a number of changes. Flavors dodged the bullet, but the tax is still in place (amount TBD, but probably 85% on wholesale). For updates, see this thread:



    Because the first story here broke as I was writing this summary at around 2:30pm, I couldn't figure out from the early reports whether Sen. Schumer is planning to introduce additonal legislation, or whether this story came from a fresh press release which deals with the legislation introduced last known as the Protecting Children From Electronic Cigarette Advertising Act of 2014 (co-sponsored by Schumer). However this press release mentions Thursday's JAMA study. I've collected the other stories below at the end of this post. This piece, and all similar articles are "junk" insofar as they presume that (a) vaping is being marketed to children; and (b) the conclusion in Thursday's JAMA article by Dutra & Glantz is correct - namely that vaping is a gateway to tobacco smoking for minors. Obviously Schumer's Press Release makes both these assumptions.

    Title: E-Cigarettes, Under Aliases, Elude the Authorities
    (US Nat'l Paper) http://www.nytimes

    For background, here's the article on "vape pens" and "e-hookahs" that Schumer is talking about in his press release.

    Title: Conclusion of New Glantz Study on Electronic Cigarettes is Junk Science
    (Dr. Siegel's blog) http://tobaccoanalysis.blogspot.com/2014/03/conclusion-of-new-glantz-study-on.html
    For background, here's the analysis of the JAMA paper released on Thursday, in which Tobacco Control researchers Dutra and Glantz argue that vaping is a gateway behavior for minors which leads to tobacco smoking.

    Title: Schumer Looks To Snuff Out E-Cigarette Marketing To Kids
    (NYC CBS affiliate) http://newyork.cbslocal

    Title: New legislation could ban e-cigarettes from targeting children
    (Rochester NY US ABC affiliate) http://www.13wham

    Title: Schumer Looks to Ban E-Cigarette Companies From Marketing to Children
    (Rochester NY US NextStar affiliate) http://www.rochesterhomepage

    Title: Sen. Schumer: E-cigarette companies targeting children in advertising
    (Rochester NY US NBC affiliate) http://www.whec



    This AP story is all over MI, some outlets credit it to AP, others don't. Some present the entire text, others only publish selected chunks.

    Title: E-cigarettes ignite Michigan debate over regulation, sales

    Title: E-cigarettes ignite Michigan debate over regulation, sales

    Title: E-cigarettes ignite Michigan debate over regulation, sales
    (Detroit MI US local paper - not attributed to AP) http://www.detroitnews

    Title: E-cigarettes ignite debate between Snyder administration, tobacco industry over regulation

    Title: Banning electronic cigarette sales to minors

    Credited to AP, but heavily chopped up.



    If you haven't heard about the Dutra & Glantz junk science piece published in JAMA Pediatrics on Thursday, I suggest you catch up here if you're just interested in the article which argues for the "minor gateway effect":
    or if you're interested in the media coverage: http://www.e-cigarette-forum.com/fo...pers-lepers-france-us-states-ny-nh-nm-wa.html

    We'll likely continue to see stories highlighting the paper for some time, and many future ones will take the junk conclusion for granted. If there's anything remotely remarkabout about a piece, I've noted it - otherwise the usual parroting is involved.

    Title: E-cigarettes could be gateway for teens
    (Beloit WI local paper accumulator site) http://www.rrstar

    Title: E-cigarettes may cause nicotine addiction in teens
    (India Nat'l/So., based in Hyderabad & Chennai) http://www.deccanchronicle

    Title: E-cigarettes Driving Youth to Nicotine Addiction
    (IANS - Indo-Asian News Service, similar to AFP/Reuters) http://www.newindianexpress



    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.)
    Last edited:


    Senior Member
    ECF Veteran
    Feb 17, 2013
      I'm getting the distinct impression that the reason these so-called 'studies' are getting out to these legislators so fast is because the ANTZ are mass emailing them as soon as they are made available (if not before).

      Shouldn't we be doing the same with Drs. Burstyn and Forsilanos' studies? CASAA has enough members that this can be done on a voluntary basis by a few people.
      Jan 19, 2014
      Moved On
        I'm getting the distinct impression that the reason these so-called 'studies' are getting out to these legislators so fast is because the ANTZ are mass emailing them as soon as they are made available (if not before).

        Shouldn't we be doing the same with Drs. Burstyn and Forsilanos' studies? CASAA has enough members that this can be done on a voluntary basis by a few people.

        You're talking about a multi-billion dollar industry (Tobacco Control). They have their own lobbyists and media specialists, paid for with a combination of our tax dollars and the MSA money. Lobbying is done the old fashioned way, no doubt - by taking people to lunch, etc.

        I have no idea what CASAA has done w/ the Drexel study, although I'd be surprised if it hadn't been e-mailed.

        Without the face-to-face contact, the attention-grabbing headline ("kids 7 times more likely to smoke regular cigarettes), and the lunch tab ... it's just another e-mail that goes into the bit bucket - along with the ads for larger body parts and the like.
        Jan 19, 2014
        Moved On
          Well, what they're trying has already been ruled unconstitutional before. See Lorillard v. Reilly.

          There were some differences in that case.

          What I'm talking about is banning ads for PVs whereever and whenever ads for analog cig.s are prohibited. My own view is that will be in place by this time in 2015, at the very latest.
          Not open for further replies.

          Users who are viewing this thread