AZ AG: Ecigs Don't Fit the Definition of a Cigarette

[sonicdsl]

He seems to get it...mostly:

Horne: E-cigs can't be treated like regular smokes

Though there is the expected "disappointment" from ANTZ' Bill Pfeifer, president of the American Lung Association of the Southwest.

 

[rolygate]

A good addition to the Virginia AG - two lone, honest Attorneys General who won't take the blood money like most other AGs.

Not sure how long that will last, though, when the pressure comes on: when cigarette sales, tobacco tax revenues and the MSA payments collapse. Now that will truly be a test of their honesty.

At that point, there might be some 'adjustment of their position'.

 

[sonicdsl]

A good addition to the Virginia AG - two lone, honest Attorneys General who won't take the blood money like most other AGs.

Not sure how long that will last, though, when the pressure comes on: when cigarette sales, tobacco tax revenues and the MSA payments collapse. Now that will truly be a test of their honesty.

At that point, there might be some 'adjustment of their position'.

Virginia! I knew there was another one that said similar things in the last year or so, but couldn't recall which state. Thanks

As to the rest...yeah, will be interesting to see if that changes.

 

[Bill Godshall]

The job of AG is to properly interpret and enforce existing laws, while its the job of legislators to enact new laws.

If someone obtains a copy of the AG's opinion/letter, please post.

But the most important part of this article points out how the current AZ Health Dept director opposes banning vaping in workplaces, and he's probably the first top state health official (in any state) to do so. Perhaps he talked to some of R&D folks at NJOY, which is headquartered in Phoenix.

But state Health Director Will Humble said the opinion comes as no real surprise. He echoed Horne’s beliefs that the purpose of the law was not to keep people from harming themselves but to keep smokers from harming others.

“Getting the tobacco out of workplaces was enormous,” he said.

Humble also said there may actually be some public health benefit from Horne’s opinion that the law does not apply to electronic cigarettes.

“If these things are effective in getting adults off of cigarettes, then they’re a net benefit to public health, not a net nuisance,” he said.

Humble cited a study showing that people who used e-cigarettes to try to quit their tobacco habit were more likely to succeed than those who used over-the-counter replacements like lozenges and gum, as well as those who tried to quit “cold turkey.”

 

[Wickedgt]

MAN!!! I LOVE ARIZONA!!! Guns and E-Cigs... I have both! Anyone trying to take my Vaping arsenal will have to deal with my Arsenal! Welcome to the Wild, Wild west!

 

[Bill Godshall]

rolygate wrote:

A good addition to the Virginia AG - two lone, honest Attorneys General who won't take the blood money like most other AGs.

Not sure how long that will last, though, when the pressure comes on: when cigarette sales, tobacco tax revenues and the MSA payments collapse. Now that will truly be a test of their honesty.

At that point, there might be some 'adjustment of their position'.

Please don't confuse the 1998 MSA with cigarette companies (which was championed by former Arizona AG Grant Woods 16/17 years ago), the letter sent to FDA Margaret Hamburg ten months ago signed by 35 AGs (including the current AZ AG) urging the FDA to impose the deeming regulation, and the AG's job of enforcing (and interpreting) existing laws, as these are three distinctly different issues.

I don't know why the AZ AG even issued this "no brainer" ruling upholding the existing state law's definition of "smoking".

But I would have been shocked if he (or any other State AG) would reinterpret the definition of "smoking" (that clearly doesn't apply to e-cigs) to ban vaping.

 

[AzPlumber]

Unfortunately the City Counsel of Tempe just passed the ban on E-Cig's. They will be treated the same as tobacco smoking with the exception of vape shops. Hope I'm wrong but I see this as the first of many dominoes to fall around here. Tempe and Phoenix usually follow each others lead.

 

[Uma]

rolygate wrote:



Please don't confuse the 1998 MSA with cigarette companies (which was championed by former Arizona AG Grant Woods 16/17 years ago), the letter sent to FDA Margaret Hamburg ten months ago signed by 35 AGs (including the current AZ AG) urging the FDA to impose the deeming regulation, and the AG's job of enforcing (and interpreting) existing laws, as these are three distinctly different issues.

I don't know why the AZ AG even issued this "no brainer" ruling upholding the existing state law's definition of "smoking".

But I would have been shocked if he (or any other State AG) would reinterpret the definition of "smoking" (that clearly doesn't apply to e-cigs) to ban vaping.

While my heart and soul was celebrating the good news, my ever suspicious mind was checking off the hidden messages. Hidden messages you ask? Yep. He very clearly states why eCigs don't belong in the smoking section... meaning, the ALA will have to lobby to change the smoking definitions. This was done somewhere else, but I can't remember where.

 

[Wickedgt]

Well, the leadership of Phoenix has already spoken out about what Tempe has done and said Tempe has acted too quickly without having any scientific proof. Or any data at all to support the ban. I think Phoenix will hold off and not follow suit with Tempe... IMO

 

[AzPlumber]

Well, the leadership of Phoenix has already spoken out about what Tempe has done and said Tempe has acted too quickly without having any scientific proof. Or any data at all to support the ban. I think Phoenix will hold off and not follow suit with Tempe... IMO

I sure hope so, I guess Gilbert Counsel will have a discussion in a week or so. From what I'm hearing they might not be the battle that Tempe was so hopeful they will take the same approach as Phoenix.

 

[Wickedgt]

I'm in Surprise, I've heard nothing from our City Counsel regarding this matter.

 

[Steamix]

Hm, if it looks like a shmuck, walks like a shmuck and quacks lika shmuck, it's gotta be an ANTZ....

I have also a problem with a caffeine delivery device ( aka my favourite coffee mug ) right beside me on the desk - it does not have a FDA sticker on it, yet it works perfectly fine...

Dem ANTZ just don't know when to quit. No surprise. Feeding trough is about run empty.

Guess the idea of having to earn your living with honest work is scaring the c... outta them....

 

[Kent C]

Taking Steamix' lead:

"Bill Pfeifer, president of the American Lung Association of the Southwest.... “If this looks like a duck, quacks like a duck, walks like a duck, then it’s probably a tobacco product,”

If it has a battery, needs recharged, has a coil and some wicking, some type of fluid, no tobacco, no tobacco combustion, no paper, no filter, no smoke ....then it's probably not a duck. lol

 

[Wickedgt]

If it has a battery, needs recharged, has a coil and some wicking, some type of fluid, no tobacco, no tobacco combustion, no paper, no filter, no smoke ....then it's probably not a duck. lol

My thoughts exactly!

 

[puro]

The University of Arizona has a new draft policy in place banning all tobacco, and they are including all e-cigs in this ban. I have submitted the best letter I could to try to reverse this draft policy (including making sure that the decision makers knew of Attorney Horne's opinion on e-cigs). I think they will finalize the policy this week. I do hope that reason prevails--but I'm not hopeful.

 

[AzPlumber]

The only thing these bans will accomplish will be to make criminals out of law abiding citizens.

 

[Bill Godshall]

Has a vaping ban ordinance been introduced in Phoenix (as I wasn't aware of one)?

Regardless,,the ANTZ strategy in many/most cities has been to confuse, scare and lobby the mayor and council members behind the scenes to support the ban before the bill is introduced. And they usually already have a majority of Council votes before a public hearing is scheduled, which undermines the evidence, the interests of vapers and vendors, public health and the legislative process.

The best way to defeat vaping bans in cities now (since so many large cities have enacted them) is to begin educating city council members, the mayor's office and the news media about this issue before a vaping ban bill is introduced in council.

 

[Rancor0681]

And please do tell me why flavors will attract youngins then they will move to regular smoking? If they are attracted to flavors one would believe they would hit a real smoke and be disguested

 

[AzPlumber]

Has a vaping ban ordinance been introduced in Phoenix (as I wasn't aware of one)?

Regardless,,the ANTZ strategy in many/most cities has been to confuse, scare and lobby the mayor and council members behind the scenes to support the ban before the bill is introduced. And they usually already have a majority of Council votes before a public hearing is scheduled, which undermines the evidence, the interests of vapers and vendors, public health and the legislative process.

The best way to defeat vaping bans in cities now (since so many large cities have enacted them) is to begin educating city council members, the mayor's office and the news media about this issue before a vaping ban bill is introduced in council.

I'm not aware of anything out of Phoenix, Yet. The battle in Tempe was just too big a hill to climb so yes your statement rings true there.

 

[Bill Godshall]

BTW found a 2011 ruling by the Kansas AG.

Kansas AG correctly opines that e-cigarette usage is NOT smoking according to KS smokefree workplace law
http://ksag.washburnlaw.edu/opinions/2011/2011-015.pdf