So I guess I don't know much about the history of e-cigs, "the controversy", etc. Where can I get a primer?
A: Right here on ECF as well as on the CASAA web site.
The Consumer Advocates for Smoke-free Alternatives Association is a non-profit organization that was born here on ECF during the last half of 2009. We used the forum to hammer out a name for the group and a mission statement. During the process of forming the group we learned that there are other products folks have used and are using as replacements for smoking, including smokeless tobacco products. One such product, snus, was developed in Sweden with the goal of reducing the potentially cancer-causing Tobacco Specific Nitrosamines (TSNAs). Snus has also been attacked by the folks who used to be anti-smoking. Anti-smoking morphed into anti-tobacco, and then into anti-smoker and anti-nicotine.
Notice how the word "tobacco" has replaced the word "smoking" on government web sites and on signs announcing restrictions on use. "Smoking-related deaths" has been replaced by the less accurate "tobacco-related deaths." The signs around schools and hospitals used to say "Smoke-free Zone". Now they say "Tobacco-free Zone". And across the country we see employers announcing that they will no longer hire anyone who tests positive for nicotine in their blood. They claim they don't want to hire smokers, but rather than testing specifically for smoking, they test for nicotine, which cuts out anyone who has made a permanent switch from smoking to a less-hazardous alternative product.
Bottom line: You have been under attack, and you didn't even know it.
We decided to make CASAA all about helping smokers switch to less-hazardous alternative sources of nicotine by providing information, and to keep alternative products available by fighting against proposed bans on sales to adults or on indoor use at the Federal, state, and local levels.
Visit
CASAA | The Consumer Advocates for Smoke-Free Alternatives Association and browse.
Quick (and incomplete) history:
The "controversy" started when a coalition made up of the American Heart Association, Cancer Action Network of the American Cancer Society, American Lung Association, and Campaign for Tobacco-free Kids put out a joint statement condemning electronic cigarettes as dangerous products aimed at addicting children, and called upon the FDA to ban the products. The FDA began seizing products imported by US vendors in the fall of 2008 and early in 2009 one company filed a lawsuit in the US Federal Court system asking for an injunction against the product seizures. The FDA claimed the devices were an unapproved drug-delivery device combination used to treat the disease of smoking. Vendors claimed that the products were recreational...meant to be used as an alternative to smoking.
In July 2009, the FDA held a press conference and alarmed the public by announcing that its testing found "carcinogens" and "antifreeze" in e-cigarettes. Cute! Clever! They just happened to forget to mention that the traces they found were so small that it would take thousands and thousands of cartridges to reach the level of carcinogens found in real smoke or to cause a diethylene glycol poisoning fatality. Speakers at their press conference made accusations about the potential for poisoning fatalities, the use of flavors (only children enjoy pleasant flavors), and other nonsense.
FDA and Public Health Experts Warn About Electronic Cigarettes
Results: In December 2010, the court ruled in favor of the plaintiffs, Smoking Everywhere and Sottera, Inc., dba NJOY. The FDA appealed. Meanwhile, Smoking Everywhere ran out of money to pay lawyers, but Sottera continued on as sole plaintiff. The Appeals court upheld the lower court ruling. The FDA asked the Appeals court to reconsider, using all 9 judges instead of a 3-judge panel. The Appeals court declined. The FDA then thought about appealing to the Supreme Court, thought better of it, and decided to regulate e-cigarettes as tobacco products, as suggested by Judge Richard J. Leon in the lower court opinion document.
Bans on Indoor Use
The American for Nonsmokers Rights crafted model smoking-ban legisltation that they have distriubted to health departments across the country. Built into their model law is a definition of "smoking" that includes the use of e-cigarettes.
Every place where we have amended smoking bans introduced, we have seen the exact wording frrom the ANR's model legislation appear in the proposed law.
So far, New Jersey is the only state that has rolled e-cigarette use into their statewide smoking ban. That happened so fast we never saw it coming. Since, we have managed to hold off the state-level proposed bans, but some local level bans have been enacted.
Bans on Sales
Several states and local jurisdiction introduced proposed bans on sales. CASAA supports a ban on sales to minors, but not a ban on sales to adults. To date, only bans on sales to minors have been passed, to the best of our knowledge.
So that's the Nutshell version of the controversy.