FDA E-cig opponents in Congress urge State AGs to lobby for FDA deeming reg/ban & risk their political careers by unlawfully suing e-cig companies under M

[Bill Godshall]

Durbin, Waxman and Pallone protect cigarette markets, threaten public health by urging 29 State AGs to unlawfully redefine smokefree vapor products as “cigarettes” in MSA (to sue e-cig companies) and to lobby for FDA deeming reg (that would ban >99% of vapor products), deceitfully misrepresent surveys finding e-cigs are gateways away from cigarettes for teens, record annual declines in teen smoking and record low teen smoking rates.
Democratic Leaders Urge FDA Action, Call for State Attorneys General to Classify E-Cigarettes Under the Master Settlement Agreement | Committee on Energy and Commerce Democrats

AVA: Congressional e-cigarette opponents play Grinch
Three Congressional Democrats want State AGs to declare vaping products “cigarettes.”
Congressional E-Cigarette Opponents Play Grinch - The American Vaping Association

This is an excellent opportunity for vapers to contact their State AG telling them:
- that e-cigs helped them quit smoking and/or reduced cigarettes consumption,
- to rescind their previous support for the FDA deeming reg (because it would ban >99% of vapor products), and
- that Congressional Dems Durbin, Pallone and Waxman have deceived them to inaccurately believe e-cigs are addicting nonsmoking teens.

 

[catlady60]

E-cigs and PVs do not fall under the MSA nor under the Tobacco Control Act. The definition of a tobacco product is explained clearly and nowhere in the act are e-cigs, or any vapor product for that matter, mentioned.

https://www.govtrack.us/congress/bills/111/hr1256/text

 

[pennysmalls]

Bill, which study was it that showed that e-cigs aren't addicting to teens? I want to mention the study in my letter and want to make sure I mention the correct one.

 

[pennysmalls]

Here is my rough draft to my AG...please critique, this is my first time sending in a letter.



Dear Attorney General Zoeller,

My name is __________ and I am an Indiana resident writing to you in regards to a letter that was sent to you and many other state AG's from Congressional Democrats Durbin, Waxman
and Pallone in regards to electronic cigarettes. I'm urging you to please learn all you can about electronic cigarettes before you choose to either side with or against these proposed FDA regulations these three reps are supporting.

I am a 42 year old married mother of three and I quit smoking tabocco cigarettes 15 months ago with an electronic cigarette. I had been smoking for 28 years, beggining when I was 13, and did not suffer from the delusion that I would one day quit. I was a dedicated smoker who was going to smoke my way to my grave. My sister gifted me with an electronic cigarette in July 2013 and I tried it out of curiosity. Once I figured out how to use it I quit my 28 year smoking habit in one day. One day! I am just one of many who have quit so quickly. Others have taken a bit longer but still have had success in quitting smoking. There is no others smoking cessation product on the market that boasts that kind of success rate. None. And all of these flavors being touted as being marketed to kids? If it hand't been for all of the flavors I would still be smoking, without doubt. So do we save the kids at the cost of keeping our adults smoking? Is this threat to our kids real? Our kids are already smoking.

I've been keeping up on electronic cigarette news weekly and am flabbergasted and down right stunned at the level of misinformation in regards to electronic cigarettes. It's very clear to me that the average person does not understand what an electronic cigarette is or who is using electronic cigarettes. The majoirity of users are adults ex-smokers or current smokers who are trying to quit. The kids mentioned in this letter from these Congressional Democrats are themselves current or ex smokers. There is a reason why electronic cigarette usage amongst teens is rising and tobacco cigarette usage amongst teens is declining! It's not because electronic cigarettes are targeted toward kids, they are targeted toward smokers. Kids smoke, it a fact of life, but without electronic cigarettes these kids are going to become adult smokers

Another issue that just baffles the mind is that electronic cigarettes are being considered tobacco products because they contain nicotine. Nicotine gums, patches, lozenges and sprays contain nicotine and are not considererd tobacco products. Why? If we are to believe the reasoning being told to us we can't be selective as to what it is applied to, correct? Something is very wrong with all of this. If these FDA deeming regulations are passed all electronic cigarette products produced after 2007 would be banned with only the electronic cigarettes sold by the big tobacco companies surviving because the tobacco companies are the only ones who will be able to afford the lengthly and very expensive new products application process that will be required. It's estimated the application will take about 4000 hours to complete and cost over $200,000. This completely wipes out all of the vape shops, inventors and online vendors. Again, something is not right with all of this.

Mr. Zoeller, I implore you to take this letter you recieved from Durbin, Waxman and Pallone very seriously. There are very serious implications involved and millions of vapers/ future ex-smokers will be seriously affected by these proposed Deeming regulations. I'm placing my faith in my elected leaders to do their due diligence and research this topic to the utmost degree. Talk to vapers out on the street, in vape shops or online. Research all sides to this debate, find out what an electronic cigarette is and how it works and who's using it. Read articles on line and observe who is saying what and why. Without education and knowledge on this topic a decision can not, and should not, be made either for or against these proposed regulations.

Sincerely,

 

[DC2]

Bill, which study was it that showed that e-cigs aren't addicting to teens? I want to mention the study in my letter and want to make sure I mention the correct one.

I didn't read it, but I suspect it may be in here somewhere...
http://www.e-cigarette-forum.com/fo...-cigs-lobby-fda-deeming-reg-ban-new-post.html

And regarding your letter above, it is Zeller, not Zoeller.


I'll try to read the rest when I get a chance, but I've got to go wrap presents right now.

 

[bigdancehawk]

E-cigs and PVs do not fall under the MSA nor under the Tobacco Control Act. The definition of a tobacco product is explained clearly and nowhere in the act are e-cigs, or any vapor product for that matter, mentioned.

https://www.govtrack.us/congress/bills/111/hr1256/text

Under the MSA, the question boils down to whether nicotine extracted from tobacco is "tobacco in any form" and whether e-cigarettes are "likely to be offered to, or purchased by, consumers as a cigarette." Both of these requirements would have to be met before a product would fall under the MSA. In my opinion, neither applies. Of course, a weak argument might be made that cig-alikes are "offered . . . as a cigarette." But there's no way such a claim could credibly be made about, for example, a Reo Grand.

However, the Tobacco Act does apply to e-juice with nicotine because the nicotine is derived from the tobacco plant: "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)."

 

[csardaz]

It means more than that. If they did get e-cig companies to participate/sign on to the MSA, to agree to not advertize on TV and billboards, then they would also be offering them immunity from civil suits in exchange for paying into the MSA settlement to states, the American Legacy Foundation etc. I don't know how e-cig makers' accountants/lawyers would compute the $$$ cost/benefit, but being able to tell investors that they were exempt from civil liabilities might be enough of an incentive to be worth it to them.

It would be illegal for an AG to force them to sign up - did they force the non-major tobacco companies? But would it be legal to let them sign-on voluntarily?

 

[bigdancehawk]

It means more than that. If they did get e-cig companies to participate/sign on to the MSA, to agree to not advertize on TV and billboards, then they would also be offering them immunity from civil suits in exchange for paying into the MSA settlement to states, the American Legacy Foundation etc. I don't know how e-cig makers' accountants/lawyers would compute the $$$ cost/benefit, but being able to tell investors that they were exempt from civil liabilities might be enough of an incentive to be worth it to them.

It would be illegal for an AG to force them to sign up - did they force the non-major tobacco companies? But would it be legal to let them sign-on voluntarily?

They can't force them to sign, but most states' laws are structured in such a way that either they must pay into an "escrow fund" or they can't legally sell their products.

 

[pennysmalls]

I didn't read it, but I suspect it may be in here somewhere...
http://www.e-cigarette-forum.com/fo...-cigs-lobby-fda-deeming-reg-ban-new-post.html

And regarding your letter above, it is Zeller, not Zoeller.


I'll try to read the rest when I get a chance, but I've got to go wrap presents right now.

Thank you DC2! And my state AG is Zoeller.

 

[DC2]

Thank you DC2! And my state AG is Zoeller.

Oh sorry, I thought you were referring to Mitch Zeller.
I believe it was a complete and total failure to pay attention on my part.

 

[bigdancehawk]

It's all about "protecting children from lifelong nicotine addiction," as "evidenced" by "alarming" increases in e-cig use by youth.

 

[pennysmalls]

And those children we are protecting will end up on nicotine patches/gum etc anyway when they try to quit smoking 10-40 years from now.

 

[AndriaD]

And those children we are protecting will end up on nicotine patches/gum etc anyway when they try to quit smoking 10-40 years from now.

Or just be like me, and figure to hell with trying to quit, it's too painful. Until e-cigs came around, that was.

Andria

 

[pennysmalls]

Andria, yep! Not quitting is so much easier. I love vaping, quitting smoking without having to quit, you all know what I mean.

 

[AndriaD]

Andria, yep! Not quitting is so much easier. I love vaping, quitting smoking without having to quit, you all know what I mean.

I know exactly. I think that's why it still seems so unreal to me... I'm not smoking... and I DON'T CARE! Never saw THAT coming. God, I love technology. I was a technophile even before e-cigs, just with PCs and the net, but now... a whole new amazing reason to love technology passionately.

All except the high-tech stuff they put in cars nowadays.

Andria

 

[Frenchfry1942]

Here is my rough draft to my AG...please critique, this is my first time sending in a letter.



Dear Attorney General Zoeller,

My name is __________ and I am an Indiana resident writing to you in regards to a letter that was sent to you and many other state AG's from Congressional Democrats Durbin, Waxman
and Pallone in regards to electronic cigarettes. I'm urging you to please learn all you can about electronic cigarettes before you choose to either side with or against these proposed FDA regulations these three reps are supporting.

I am a 42 year old married mother of three and I quit smoking tabocco cigarettes 15 months ago with an electronic cigarette. I had been smoking for 28 years, beggining when I was 13, and did not suffer from the delusion that I would one day quit. I was a dedicated smoker who was going to smoke my way to my grave. My sister gifted me with an electronic cigarette in July 2013 and I tried it out of curiosity. Once I figured out how to use it I quit my 28 year smoking habit in one day. One day! I am just one of many who have quit so quickly. Others have taken a bit longer but still have had success in quitting smoking. There is no others smoking cessation product on the market that boasts that kind of success rate. None. And all of these flavors being touted as being marketed to kids? If it hand't been for all of the flavors I would still be smoking, without doubt. So do we save the kids at the cost of keeping our adults smoking? Is this threat to our kids real? Our kids are already smoking.

I've been keeping up on electronic cigarette news weekly and am flabbergasted and down right stunned at the level of misinformation in regards to electronic cigarettes. It's very clear to me that the average person does not understand what an electronic cigarette is or who is using electronic cigarettes. The majoirity of users are adults ex-smokers or current smokers who are trying to quit. The kids mentioned in this letter from these Congressional Democrats are themselves current or ex smokers. There is a reason why electronic cigarette usage amongst teens is rising and tobacco cigarette usage amongst teens is declining! It's not because electronic cigarettes are targeted toward kids, they are targeted toward smokers. Kids smoke, it a fact of life, but without electronic cigarettes these kids are going to become adult smokers

Another issue that just baffles the mind is that electronic cigarettes are being considered tobacco products because they contain nicotine. Nicotine gums, patches, lozenges and sprays contain nicotine and are not considererd tobacco products. Why? If we are to believe the reasoning being told to us we can't be selective as to what it is applied to, correct? Something is very wrong with all of this. If these FDA deeming regulations are passed all electronic cigarette products produced after 2007 would be banned with only the electronic cigarettes sold by the big tobacco companies surviving because the tobacco companies are the only ones who will be able to afford the lengthly and very expensive new products application process that will be required. It's estimated the application will take about 4000 hours to complete and cost over $200,000. This completely wipes out all of the vape shops, inventors and online vendors. Again, something is not right with all of this.

Mr. Zoeller, I implore you to take this letter you recieved from Durbin, Waxman and Pallone very seriously. There are very serious implications involved and millions of vapers/ future ex-smokers will be seriously affected by these proposed Deeming regulations. I'm placing my faith in my elected leaders to do their due diligence and research this topic to the utmost degree. Talk to vapers out on the street, in vape shops or online. Research all sides to this debate, find out what an electronic cigarette is and how it works and who's using it. Read articles on line and observe who is saying what and why. Without education and knowledge on this topic a decision can not, and should not, be made either for or against these proposed regulations.

Sincerely,

Seems good. I write a fair bit, including newspapers. Speaking of newspapers, much of what you wrote would work well. But, usually, letters to the OP/ED page are limited to a certain number of characters. For me, it can be tough. Anyway, thanks, I learned from it. I suspect all that read it will see that e-cigs shouldn't be discarded out of hand.

 

[pennysmalls]

Thank you for the feedback Frenchfry, much appreciated. I wish I knew if my numbers in regards to the hours and cost of new product applications is close enough. I can't remember the actual numbers. I really want to add another paragraph touching on the topic of bottle designs that are being touted as "marketing to kids" but I'm afraid my letter would then be to long.

 

[pennysmalls]

Well my letter, as is, will probably do no good. I just researched and found out my state's AG is already on the FDA's side.

 

[LaraC]

Well my letter, as is, will probably do no good. I just researched and found out my state's AG is already on the FDA's side.

Penny, that's all the more reason for you to send your letter to your state AG.

Some state AGs could possibly change their previous anti-ecig position.

Many AGs who have signed onto letters expressing a stance against electronic cigarettes have probably not really given the issue much thought. Many of them, despite their education, have simply accepted what the media and a few misguided "public health" organizations have been spoonfeeding them. Your letter to your AG is certainly worth a try.

 

[pennysmalls]

Thanks Lara, I'm going to change my letter up a little bit and send it.