Burr bucks efforts for FDA regulation of tobacco industry
- Thread starter LUX Vaporer
- Start date
- th_trl_thread_readers 0
- Status
Even though he's not from my state I telephoned and expressed my gratitude for his efforts. I think that people who have successfully used these soon to be possibly banned safer alternatives to get away from tobacco, should fax their Senator as well as Burr with their story. If nothing else it will give him something to read aloud during the philibuster
He's actually not "bucking FDA regulation" but suggesting that the current bill is too restrictive. I agree with him on that point. The current bill would ban all smoking alternatives. But if you read carefully, it only deals with tobacco based products. It doesn't address non tobacco products like e-cigarettes. Now, having said that, I've been watching Burr on CSPAN today (and commenting in another thread) and he's the first Senator I've ever seen who made very sane comments about e-cigarettes.
Rather than simply calling and expressing your support, you should understand what the bill is and instead urge him to include an amendment that specifically defines e-cigarettes as "non tobacco" products that are expressly exempt from the bill.
Rather than simply calling and expressing your support, you should understand what the bill is and instead urge him to include an amendment that specifically defines e-cigarettes as "non tobacco" products that are expressly exempt from the bill.
I am proud to say that I get to vote for him every time!! 
Please visit him at: Richard Burr, United States Senator of North Carolina: Home
We might not always agree on the issues but you can take him at his word, which is proving to be a rare quality in a politician.
Please visit him at: Richard Burr, United States Senator of North Carolina: Home
We might not always agree on the issues but you can take him at his word, which is proving to be a rare quality in a politician.
Burr is anti-abortion, pro death penalty and wants a constitutional amendment banning gay marriage. Burr also supports easing labeling standards on food and severely deregulating the tobacco industry. He called for a run on banks during the credit crisis (told people they should withdraw their savings en mass), a move that's akin to yelling fire in a crowded movie theater. Though I strongly disagree with all of those positions, I do think he has a reasonable position on e-cigarettes if only due to the fact that he recognizes that they're not tobacco products and represent a vastly lowered risk to smokers. But beyond that, he's a pretty typical right wing ideologue.
Last edited:
Yeah I voted for him too when I voted last year and I have emailed both my state senators about my E cig experience too as well
I'm pretty sure if this bill doesn't pass, the FDA will continue to label the e-cig as a medical delivery device which would call for testing to be carried out.
If this bill passes and the e-cig is found to be a reduced harm tobacco product, then we would be fine. We want it to be a tobacco product it seems to me.
I'll post portions of the bill so others can verify what I'm saying.
SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:111http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:111
(a) Definition of Tobacco Products- Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:112http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:112
‘(rr)(1) The term ‘tobacco product’ means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:113http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:113
‘(2) The term ‘tobacco product’ does not mean an article that is a drug under subsection (g)(1), a device under subsection (h), or a combination product described in section 503(g).
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:114http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:114
‘(3) The products described in paragraph (2) shall be subject to chapter V of this Act.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:115http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:115
‘(4) A tobacco product shall not be marketed in combination with any other article or product regulated under this Act (including a drug, biologic, food, cosmetic, medical device, or a dietary supplement).’.
Skip down to the modified risk tobacco product and it appears to me that the e-cig would fit this definition if found to be a tobacco product.
‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:492http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:492
‘(a) In General- No person may introduce or deliver for introduction into interstate commerce any modified risk tobacco product unless an order issued pursuant to subsection (g) is effective with respect to such product.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:493http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:493
‘(b) Definitions- In this section:
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:494http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:494
‘(1) MODIFIED RISK TOBACCO PRODUCT- The term ‘modified risk tobacco product’ means any tobacco product that is sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products.
‘(2) SOLD OR DISTRIBUTED-
‘(A) IN GENERAL- With respect to a tobacco product, the term ‘sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products’ means a tobacco product--
[bold] ‘(i) the label, labeling, or advertising of which represents explicitly or implicitly that--
‘(I) the tobacco product presents a lower risk of tobacco-related disease or is less harmful than one or more other commercially marketed tobacco products;
‘(II) the tobacco product or its smoke contains a reduced level of a substance or presents a reduced exposure to a substance; or
‘(III) the tobacco product or its smoke does not contain or is free of a substance;[/bold]
‘(ii) the label, labeling, or advertising of which uses the descriptors ‘light’, ‘mild’, or ‘low’ or similar descriptors; or
‘(iii) the tobacco product manufacturer of which has taken any action directed to consumers through the media or otherwise, other than by means of the tobacco product’s label, labeling, or advertising, after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, respecting the product that would be reasonably expected to result in consumers believing that the tobacco product or its smoke may present a lower risk of disease or is less harmful than one or more commercially marketed tobacco products, or presents a reduced exposure to, or does not contain or is free of, a substance or substances.
‘(B) LIMITATION- No tobacco product shall be considered to be ‘sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products’, except as described in subparagraph (A).
‘(C) SMOKELESS TOBACCO PRODUCT- No smokeless tobacco product shall be considered to be ‘sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products’ solely because its label, labeling, or advertising uses the following phrases to describe such product and its use: ‘smokeless tobacco’, ‘smokeless tobacco product’, ‘not consumed by smoking’, ‘does not produce smoke’, ‘smokefree’, ‘smoke-free’, ‘without smoke’, ‘no smoke’, or ‘not smoke’.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:505http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:505
‘(3) EFFECTIVE DATE- The provisions of paragraph (2)(A)(ii) shall take effect 12 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act for those products whose label, labeling, or advertising contains the terms described in such paragraph on such date of enactment. The effective date shall be with respect to the date of manufacture, provided that, in any case, beginning 30 days after such effective date, a manufacturer shall not introduce into the domestic commerce of the United States any product, irrespective of the date of manufacture, that is not in conformance with paragraph (2)(A)(ii).
‘(c) Tobacco Dependence Products- A product that is intended to be used for the treatment of tobacco dependence, including smoking cessation, is not a modified risk tobacco product under this section if it has been approved as a drug or device by the Food and Drug Administration and is subject to the requirements of chapter V.
‘(d) Filing- Any person may file with the Secretary an application for a modified risk tobacco product. Such application shall include--
‘(1) a description of the proposed product and any proposed advertising and labeling;
‘(2) the conditions for using the product;
‘(3) the formulation of the product;
‘(4) sample product labels and labeling;
‘(5) all documents (including underlying scientific information) relating to research findings conducted, supported, or possessed by the tobacco product manufacturer relating to the effect of the product on tobacco-related diseases and health-related conditions, including information both favorable and unfavorable to the ability of the product to reduce risk or exposure and relating to human health;
‘(6) data and information on how consumers actually use the tobacco product; and
‘(7) such other information as the Secretary may require.
‘(e) Public Availability- The Secretary shall make the application described in subsection (d) publicly available (except matters in the application which are trade secrets or otherwise confidential, commercial information) and shall request comments by interested persons on the information contained in the application and on the label, labeling, and advertising accompanying such application.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:516http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:516
‘(f) Advisory Committee-
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:517http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:517
‘(1) IN GENERAL- The Secretary shall refer to the Tobacco Products Scientific Advisory Committee any application submitted under this section.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:518http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:518
‘(2) RECOMMENDATIONS- Not later than 60 days after the date an application is referred to the Tobacco Products Scientific Advisory Committee under paragraph (1), the Advisory Committee shall report its recommendations on the application to the Secretary.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:519http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:519
‘(g) Marketing-
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:520http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:520
‘(1) MODIFIED RISK PRODUCTS- Except as provided in paragraph (2), the Secretary shall, with respect to an application submitted under this section, issue an order that a modified risk product may be commercially marketed only if the Secretary determines that the applicant has demonstrated that such product, as it is actually used by consumers, will--
‘(A) significantly reduce harm and the risk of tobacco-related disease to individual tobacco users; and
‘(B) benefit the health of the population as a whole taking into account both users of tobacco products and persons who do not currently use tobacco products.
‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS-
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:524http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:524
‘(A) IN GENERAL- The Secretary may issue an order that a tobacco product may be introduced or delivered for introduction into interstate commerce, pursuant to an application under this section, with respect to a tobacco product that may not be commercially marketed under paragraph (1) if the Secretary makes the findings required under this paragraph and determines that the applicant has demonstrated that--
‘(i) such order would be appropriate to promote the public health;
'(ii) any aspect of the label, labeling, and advertising for such product that would cause the tobacco product to be a modified risk tobacco product under subsection (b) is limited to an explicit or implicit representation that such tobacco product or its smoke does not contain or is free of a substance or contains a reduced level of a substance, or presents a reduced exposure to a substance in tobacco smoke;
‘(iii) scientific evidence is not available and, using the best available scientific methods, cannot be made available without conducting long-term epidemiological studies for an application to meet the standards set forth in paragraph (1); and
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:528http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:528
‘(iv) the scientific evidence that is available without conducting long-term epidemiological studies demonstrates that a measurable and substantial reduction in morbidity or mortality among individual tobacco users is reasonably likely in subsequent studies.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:529http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:529
‘(B) ADDITIONAL FINDINGS REQUIRED- To issue an order under subparagraph (A) the Secretary must also find that the applicant has demonstrated that--
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:530http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:530
‘(i) the magnitude of the overall reductions in exposure to the substance or substances which are the subject of the application is substantial, such substance or substances are harmful, and the product as actually used exposes consumers to the specified reduced level of the substance or substances;
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:531http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:531
‘(ii) the product as actually used by consumers will not expose them to higher levels of other harmful substances compared to the similar types of tobacco products then on the market unless such increases are minimal and the reasonably likely overall impact of use of the product remains a substantial and measurable reduction in overall morbidity and mortality among individual tobacco users;
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:532http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:532
‘(iii) testing of actual consumer perception shows that, as the applicant proposes to label and market the product, consumers will not be misled into believing that the product--
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:533http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:533
‘(I) is or has been demonstrated to be less harmful; or
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:534http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:534
‘(II) presents or has been demonstrated to present less of a risk of disease than 1 or more other commercially marketed tobacco products; and
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:535http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:535
‘(iv) issuance of an order with respect to the application is expected to benefit the health of the population as a whole taking into account both users of tobacco products and persons who do not currently use tobacco products.
The rest is here: http://www.govtrack.us/congress/billtext.xpd?bill=s111-982
If this bill passes and the e-cig is found to be a reduced harm tobacco product, then we would be fine. We want it to be a tobacco product it seems to me.
I'll post portions of the bill so others can verify what I'm saying.
SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:111http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:111
(a) Definition of Tobacco Products- Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following:
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:112http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:112
‘(rr)(1) The term ‘tobacco product’ means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:113http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:113
‘(2) The term ‘tobacco product’ does not mean an article that is a drug under subsection (g)(1), a device under subsection (h), or a combination product described in section 503(g).
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:114http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:114
‘(3) The products described in paragraph (2) shall be subject to chapter V of this Act.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:115http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:115
‘(4) A tobacco product shall not be marketed in combination with any other article or product regulated under this Act (including a drug, biologic, food, cosmetic, medical device, or a dietary supplement).’.
Skip down to the modified risk tobacco product and it appears to me that the e-cig would fit this definition if found to be a tobacco product.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:492http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:492
‘(a) In General- No person may introduce or deliver for introduction into interstate commerce any modified risk tobacco product unless an order issued pursuant to subsection (g) is effective with respect to such product.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:493http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:493
‘(b) Definitions- In this section:
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:494http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:494
‘(1) MODIFIED RISK TOBACCO PRODUCT- The term ‘modified risk tobacco product’ means any tobacco product that is sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products.
‘(2) SOLD OR DISTRIBUTED-
‘(A) IN GENERAL- With respect to a tobacco product, the term ‘sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products’ means a tobacco product--
[bold] ‘(i) the label, labeling, or advertising of which represents explicitly or implicitly that--
‘(I) the tobacco product presents a lower risk of tobacco-related disease or is less harmful than one or more other commercially marketed tobacco products;
‘(II) the tobacco product or its smoke contains a reduced level of a substance or presents a reduced exposure to a substance; or
‘(III) the tobacco product or its smoke does not contain or is free of a substance;[/bold]
‘(ii) the label, labeling, or advertising of which uses the descriptors ‘light’, ‘mild’, or ‘low’ or similar descriptors; or
‘(iii) the tobacco product manufacturer of which has taken any action directed to consumers through the media or otherwise, other than by means of the tobacco product’s label, labeling, or advertising, after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, respecting the product that would be reasonably expected to result in consumers believing that the tobacco product or its smoke may present a lower risk of disease or is less harmful than one or more commercially marketed tobacco products, or presents a reduced exposure to, or does not contain or is free of, a substance or substances.
‘(B) LIMITATION- No tobacco product shall be considered to be ‘sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products’, except as described in subparagraph (A).
‘(C) SMOKELESS TOBACCO PRODUCT- No smokeless tobacco product shall be considered to be ‘sold or distributed for use to reduce harm or the risk of tobacco-related disease associated with commercially marketed tobacco products’ solely because its label, labeling, or advertising uses the following phrases to describe such product and its use: ‘smokeless tobacco’, ‘smokeless tobacco product’, ‘not consumed by smoking’, ‘does not produce smoke’, ‘smokefree’, ‘smoke-free’, ‘without smoke’, ‘no smoke’, or ‘not smoke’.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:505http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:505
‘(3) EFFECTIVE DATE- The provisions of paragraph (2)(A)(ii) shall take effect 12 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act for those products whose label, labeling, or advertising contains the terms described in such paragraph on such date of enactment. The effective date shall be with respect to the date of manufacture, provided that, in any case, beginning 30 days after such effective date, a manufacturer shall not introduce into the domestic commerce of the United States any product, irrespective of the date of manufacture, that is not in conformance with paragraph (2)(A)(ii).
‘(c) Tobacco Dependence Products- A product that is intended to be used for the treatment of tobacco dependence, including smoking cessation, is not a modified risk tobacco product under this section if it has been approved as a drug or device by the Food and Drug Administration and is subject to the requirements of chapter V.
‘(d) Filing- Any person may file with the Secretary an application for a modified risk tobacco product. Such application shall include--
‘(1) a description of the proposed product and any proposed advertising and labeling;
‘(2) the conditions for using the product;
‘(3) the formulation of the product;
‘(4) sample product labels and labeling;
‘(5) all documents (including underlying scientific information) relating to research findings conducted, supported, or possessed by the tobacco product manufacturer relating to the effect of the product on tobacco-related diseases and health-related conditions, including information both favorable and unfavorable to the ability of the product to reduce risk or exposure and relating to human health;
‘(6) data and information on how consumers actually use the tobacco product; and
‘(7) such other information as the Secretary may require.
‘(e) Public Availability- The Secretary shall make the application described in subsection (d) publicly available (except matters in the application which are trade secrets or otherwise confidential, commercial information) and shall request comments by interested persons on the information contained in the application and on the label, labeling, and advertising accompanying such application.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:516http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:516
‘(f) Advisory Committee-
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:517http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:517
‘(1) IN GENERAL- The Secretary shall refer to the Tobacco Products Scientific Advisory Committee any application submitted under this section.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:518http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:518
‘(2) RECOMMENDATIONS- Not later than 60 days after the date an application is referred to the Tobacco Products Scientific Advisory Committee under paragraph (1), the Advisory Committee shall report its recommendations on the application to the Secretary.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:519http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:519
‘(g) Marketing-
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:520http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:520
‘(1) MODIFIED RISK PRODUCTS- Except as provided in paragraph (2), the Secretary shall, with respect to an application submitted under this section, issue an order that a modified risk product may be commercially marketed only if the Secretary determines that the applicant has demonstrated that such product, as it is actually used by consumers, will--
‘(A) significantly reduce harm and the risk of tobacco-related disease to individual tobacco users; and
‘(B) benefit the health of the population as a whole taking into account both users of tobacco products and persons who do not currently use tobacco products.
‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS-
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:524http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:524
‘(A) IN GENERAL- The Secretary may issue an order that a tobacco product may be introduced or delivered for introduction into interstate commerce, pursuant to an application under this section, with respect to a tobacco product that may not be commercially marketed under paragraph (1) if the Secretary makes the findings required under this paragraph and determines that the applicant has demonstrated that--
‘(i) such order would be appropriate to promote the public health;
'(ii) any aspect of the label, labeling, and advertising for such product that would cause the tobacco product to be a modified risk tobacco product under subsection (b) is limited to an explicit or implicit representation that such tobacco product or its smoke does not contain or is free of a substance or contains a reduced level of a substance, or presents a reduced exposure to a substance in tobacco smoke;
‘(iii) scientific evidence is not available and, using the best available scientific methods, cannot be made available without conducting long-term epidemiological studies for an application to meet the standards set forth in paragraph (1); and
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:528http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:528
‘(iv) the scientific evidence that is available without conducting long-term epidemiological studies demonstrates that a measurable and substantial reduction in morbidity or mortality among individual tobacco users is reasonably likely in subsequent studies.
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:529http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:529
‘(B) ADDITIONAL FINDINGS REQUIRED- To issue an order under subparagraph (A) the Secretary must also find that the applicant has demonstrated that--
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:530http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:530
‘(i) the magnitude of the overall reductions in exposure to the substance or substances which are the subject of the application is substantial, such substance or substances are harmful, and the product as actually used exposes consumers to the specified reduced level of the substance or substances;
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:531http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:531
‘(ii) the product as actually used by consumers will not expose them to higher levels of other harmful substances compared to the similar types of tobacco products then on the market unless such increases are minimal and the reasonably likely overall impact of use of the product remains a substantial and measurable reduction in overall morbidity and mortality among individual tobacco users;
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:532http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:532
‘(iii) testing of actual consumer perception shows that, as the applicant proposes to label and market the product, consumers will not be misled into believing that the product--
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:533http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:533
‘(I) is or has been demonstrated to be less harmful; or
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:534http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:534
‘(II) presents or has been demonstrated to present less of a risk of disease than 1 or more other commercially marketed tobacco products; and
http://www.govtrack.us/embed/sample-billtext.xpd?bill=s111-982&version=is&nid=t0:is:535http://www.govtrack.us/congress/billtext.xpd?bill=s111-982&version=is&nid=t0:is:535
‘(iv) issuance of an order with respect to the application is expected to benefit the health of the population as a whole taking into account both users of tobacco products and persons who do not currently use tobacco products.
The rest is here: http://www.govtrack.us/congress/billtext.xpd?bill=s111-982
Last edited:
"Rather than simply calling and expressing your support, you should understand what the bill is and instead urge him to include an amendment that specifically defines e-cigarettes as "non tobacco" products that are expressly exempt from the bill."
Surf there's one flaw to this statement that you made. SE and Njoy are currently in court with the FDA and they are trying to yank the FDA's jurisdiction by claiming that e-cigarettes are a tobacco product. This in itself would cause a conflict if the court decides that it is and the senator says that they are not which would in effect negate the courts decision on the matter.
Surf there's one flaw to this statement that you made. SE and Njoy are currently in court with the FDA and they are trying to yank the FDA's jurisdiction by claiming that e-cigarettes are a tobacco product. This in itself would cause a conflict if the court decides that it is and the senator says that they are not which would in effect negate the courts decision on the matter.
Phew! At least someone else sees this. I thought I was losing my mind (which happens quite often!).
To me, it seems there are 2 options to e-cigs: 1) They are found to be a tobacco product; 2) They are found to be a drug/medical delivery device combination.
The former would be regulated if the bill passes and they are found to be a modified risk tobacco product, but they would still be marketable. And if it doesn't, tobacco products aren't regulated by the FDA regardless of modified risk or not.
The latter could occur regardless if the bill passes and the e-cig is not found to be a tobacco product. It would still be found to be a drug/medical delivery device combination as the FDA is pushing for now. This seems like a lose-lose situation whether the bill passes or not. We want it to be a tobacco product and not a drug.
Last edited:
I watched him on cable (C-Span2) yesterday, and have just turned it on today.
A few things could have been pointed out better and been a little more accurate about e-cigarettes. Generally I guess he did very well when it came to hammering home that smokers will have no choices but to use cigarettes if it passes as written without amendments and allowances for harm reduction products.
I was surprised how many percentages were quoted by many of them (who were for the bills as they stand) where they gave number figures (like number of teenagers who smoke) but didn't offer where they get the information. The stupidest moment was a woman who stood up with a Camel advertisement that had a "back to school" banner on it, claiming that it was targeted at kids... puhleeeeese
Damn, that's a boring old group o' suits, LOL. Had to wake myself up several times and drink coffee all day to watch it (the music will put you to sleep!).
A few things could have been pointed out better and been a little more accurate about e-cigarettes. Generally I guess he did very well when it came to hammering home that smokers will have no choices but to use cigarettes if it passes as written without amendments and allowances for harm reduction products.
I was surprised how many percentages were quoted by many of them (who were for the bills as they stand) where they gave number figures (like number of teenagers who smoke) but didn't offer where they get the information. The stupidest moment was a woman who stood up with a Camel advertisement that had a "back to school" banner on it, claiming that it was targeted at kids... puhleeeeese
Damn, that's a boring old group o' suits, LOL. Had to wake myself up several times and drink coffee all day to watch it (the music will put you to sleep!).
Having a complete non-legalize mind I have a question. Even though I use an e-cig, my main source of nicotine is Swedish snus. Snus is clearly a tobacco product and has never tried to be anything else. If I'm reading you correctly (and there's a good chance I'm not) snus would still be marketable under S.982 but would be regulated by the FDA. I was under the impression that there would be an outright ban on snus with this bill, but please, correct me if I'm wrong on that.
Thanks for all the info Smokin'Sandy.
I too would like the legal minds to answer this one, if there is a clear answer with these convoluted bills that our congress passes.
It would seem that e-cigs fit the description "The term tobacco product means any product made or derived from tobacco that is intended for human consumption" since the nicotine is 'derived' from' tobacco and intended to be consumed by humans.
FWIW, it would also seem to me that any decision in the SE/NJOY case would establish some precedence, but that a bill passed after a decision in that case would supersede the decision.
Of course a clear amendment regarding e-cigs would be much more preferable, but I'm not holding my breath.
I too would like the legal minds to answer this one, if there is a clear answer with these convoluted bills that our congress passes.
It would seem that e-cigs fit the description "The term tobacco product means any product made or derived from tobacco that is intended for human consumption" since the nicotine is 'derived' from' tobacco and intended to be consumed by humans.
FWIW, it would also seem to me that any decision in the SE/NJOY case would establish some precedence, but that a bill passed after a decision in that case would supersede the decision.
Of course a clear amendment regarding e-cigs would be much more preferable, but I'm not holding my breath.
That's what I've been calling for in email to Burr, Durbin, Wyden and Merkley. I'm calling Wyden and Merkley's offices today.
There's a lot of good analysis of the bill in this thread. If you want to look at the source, it's known as H.R. 1265 / S.982. You can see the text of the bill and the three (as far as I can see) proposed amendments at senate.gov.
Guess they're voting on the Burr Amendment today @ 4:30 PM EST. Wish I could watch but I will be in transit
As I understand it, the bill does give the FDA regulatory authority over these products.
Once again, the republicans are for a measure that's truly worth while. And the democrats are for a measure that will do nothing but hurt the citizens it took a sworn oath to protect.
I hope you people who vote are watching this and continue to watch cspan in the future so that you can make your own decisions on who to vote for. Don't get your info from news shows with an agenda. Elections have consequences.
I hope you people who vote are watching this and continue to watch cspan in the future so that you can make your own decisions on who to vote for. Don't get your info from news shows with an agenda. Elections have consequences.
Great advice. I've been a CSPAN addict for many years. You'd be surprised how much the main "news" sources distort what actually happens in government.
I'm not sure I agree with your Republican/Democratic assessment though.
I'm not sure I agree with your Republican/Democratic assessment though.
I was just thinking simlar thought - that if nothing else, this whole thing has caused many people to become aware of how the govt works and how many members of congress dont have the best interest of the public at heart.
- Status
Similar threads
- Locked
- Locked
