Fox 40 NY piece on e-cigarette ban (NY Senate Under 18 Only Bill Introduced)

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Placebo Effect

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Video link -- FOX 40 WICZ TV - News, Sports, Weather, Contests and More - Binghamton, NY

It looks like a cigarette, it's used like a cigarette, and tastes like a cigarette, but it's not.

"It utilizes a liquid nicotine solution to create a tar-free and odorless vapor that is just like smoke," said John Burns, owner of electroniccigarettes.com.

Electronic cigarettes burst on the scene just a few years ago and have caught on with smokers looking for another way to get their nicotine fix.

It's built a lucrative company for Burns, but now New York State could be crushing out his business with two new bills that have reached Albany.

"There's one bill in the Assembly that would effectively ban the sale of e-cigarettes in New York State period, and there's a new bill that's just been introduced in the Senate that would simply ban the sale to minors," said Assemblywoman Donna Lupardo.

While Lupardo and Burns understand and support keeping the product away from those less than 18 years of age, an all about ban is a bit more puzzling.

The reason: lack of information on exactly electronic cigarettes do.

"There needs to be regulation and more scientific studies to determine if these products are hazardous to consumers," said Sharon Fischer, tobacco Control Coordinator for the Broome County Health Department.

Regulation of electronic cigarettes has been tough since the Food and Drug Administration hasn't been able to classify exactly which category they fall under.

It's technically not a tobacco product since the device contains no tobacco, and there is no proof that it is an effective smoking cessation device, although Burns says he has customers who use it as such.


"You can choose from high, medium, low, or non-nicotine, which allows a user to change their nicotine level at any time, so they may very well be doing that," Burns said.

The Health Department says its spoken with smokers who agree, but others who say the new nicotine supplier fuels their habit.

"Smokers are using it to sustain their addiction, because with our clean indoor air laws, they use this product to smoke indoors and therefore if they weren't able to use it, maybe they'd be more likely to quit," Fischer said.


Points that will likely be brought up as the debate over whether put the sale of electronic cigarettes up in smoke continues.

Couple points

1) Great news that someone in the Senate had the foresight to introduce a bill to ban the sale the minors in the Senate.

2) The story gave no indication as to whether the Assemblywoman supported the bill. Maybe the reporter will be able to let me know.

3) I hope the reporter will be open to changing his description of what defines a tobacco product in the future

4) Absolutely ridiculous statement by Sharon Fischer (sfischer@co.broome.ny.us).
 

MoonRose

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I have a couple thoughts myself:

1. It does NOT taste like a cigarette
2. Just because they (the FDA) do not have the means to 'classify' it, why does that mean you should go ahead and completley ban it?


This kind of stuff just makes me angry. Now time for a nice relaxing vape... :)

The FDA does have the means and authority to classify e-cigs and has been told by Judge Leon that in his opinion they should be classified as a tobacco product and regulated as such. The FDA however is insisting on trying to classify them as a drug delivery device so that they can be banned immediately until such time as the companies that make them can prove that they are safe. This would require years of clinical trials and studies and cost billions of dollars to do. We are quite aware that they are not 100 percent safe, nothing in life is, but they are 100's or even 1000's of times safer than smoking burning tobacco.
 

kristin

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They need to be made to understand that it's NOT about addiction, it's about SMOKING. Just because the addiction continues it doesn't mean the health risks are the same. If people were addicted to coffee (rather than just "heavily dependent" which pretty much the same thing) would they care? No, because the health risks are so low. it's no different with smokeless nicotine products.
 
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Vocalek

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The FDA does have the means and authority to classify e-cigs and has been told by Judge Leon that in his opinion they should be classified as a tobacco product and regulated as such. The FDA however is insisting on trying to classify them as a drug delivery device so that they can be banned immediately until such time as the companies that make them can prove that they are safe. This would require years of clinical trials and studies and cost billions of dollars to do. We are quite aware that they are not 100 percent safe, nothing in life is, but they are 100's or even 1000's of times safer than smoking burning tobacco.

I wrote to the station regarding the FDA being told to regulate them as tobacco. We can only hope they do a follow-up.
 

Turnkeys

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Regarding the Feb 8, 2011 YNN report:

I spoke to Ms. Fischer. She was very pleasant and, once explained the facts about the so-called safety concerns, she no longer defended them. I sent her Dr. Siegel's article, as well as CASAA's 8 Biggest Myths about the Electronic Cigarette document.

Debate over safety of electronic cigarettes - YNN, Your News Now

I thought she got this already; or was she just telling Placebo what she thought he wanted to hear? grrrr...

For reference:
Broome County Health Department
225 Front Street
Binghamton, NY 13905-2448
(607) 778-3930

Sharon Fischer
607-778-3068
sfischer@co.broome.ny.us (I believe to be correct; extrapolated)

...... I'm sure I was gonna post more, before the phone started jangling....
 

yvilla

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This new competing bill is VERY good news for New York. It certainly does trump Rosenthal's evil and misguided attempt at an all out sales ban. Here it is: S2926-2011 - NY Senate Open Legislation - Prohibits the sale of electronic cigarettes to minors - New York State Senate

It's main sponsor, Owen Johnson, also sponsored a similar bill last year, that only prohibited sales to minors. He had no co-sponsors, and it got nowhere, although in our lobbying to the Senate Health Committee last year we asked them to EITHER remove section two from Rosenthal and Klein's bills, OR to support Johnson's bill.

The excellent news now is that Johnson has several co-sponsors this year. We need to support it, and again urge Senators to either vote and push for this one, or at least to amend Section 2 out of Rosenthal and Klein's bill.

We also need to find an Assembly member or members who will introduce an identical bill in the Assembly, so it can triumph over Rosenthal's bill there.
 

Placebo Effect

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I thought she got this already; or was she just telling Placebo what she thought he wanted to hear? grrrr...

For reference:
Broome County Health Department
225 Front Street
Binghamton, NY 13905-2448
(607) 778-3930

Sharon Fischer
607-778-3068
sfischer@co.broome.ny.us (I believe to be correct; extrapolated)

I posted that real late last night, and didn't make the connection.

I'm disappointed in her bolded comment in lieu of the fact that I sent her Dr. Siegel's new study after we spoke. It's entirely possible she gave the comments before then.

At least she didn't say the FDA had found carcinogens and a toxic chemical in antifreeze.

And yes, it is GREAT news that the Senate has introduced its bill, and the fact that it has multiple cosponsors. Now is the time (well, Monday morning) for New Yorkers to get on the phone or try to meet their Senator.
 

Vocalek

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yvilla said:
The excellent news now is that Johnson has several co-sponsors this year. We need to support it, and again urge Senators to either vote and push for this one, or at least to amend Section 2 out of Rosenthal and Klein's bill.

We also need to find an Assembly member or members who will introduce an identical bill in the Assembly, so it can triumph over Rosenthal's bill there.


How about the 3 health committee members who voted no on Rosenthal's bill?
 

yvilla

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How about the 3 health committee members who voted no on Rosenthal's bill?

Yes, they are prime prospects. I (as CASAA) already wrote to them, so will now have to reengage them with this new request (to begin with by phone and/or by writing again). I know that some NVC people, who live in the NYC area where several Assembly members to target have their home offices, are making face to face contacts too.
 
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