H.R. 5010 "To provide greater clarity in the regulation of electronic nicotine delivery systems, including electronic cigarettes..."

[AgentAnia]

Rep. Jackie Speier (D-CA) has finally introduced what she calls the "SMOKE Act," that she much touted by press release and press conference last week*.

Here's (yet another) press release from her office after she dropped the bill into the House hopper:

Congresswomen Speier Introduces SMOKE Act to Regulate E-cigarette Products

*Here's a link to the congress.gov bill track for "H.R.5010 - To provide greater clarity in the regulation of electronic nicotine delivery systems, including electronic cigarettes, cigars, cigarillos, pipes, and hookahs, and for other purposes." I can't say with 100% certainty that this is Speier's "SMOKE Act," since it's not referred to that in the title and the text of the bill isn't available yet, though it's the only bill introduced by Speier on the 26th w/ "e-cigarettes" as the subject. So whatever, this is just a heads up.

https://beta.congress.gov/bill/113th-congress/house-bill/5010

It's been referred to the House Cte. on Energy and Commerce.

Stay tuned... But by all means read the press release for Speier's summary of the bills provisions. She does seem to be downplaying the flavors angle a bit, IMO. It looks now to be another "FDA, you must do this and FDA, you must do that" thing.

 

[NorthOfAtlanta]

Not showing up on legiscan yet either.

 

[rufus1138]

“The industry has lured children and teenagers with aggressive marketing tactics to use its products. With flavors like gummy bear, cotton candy, and chocolate cake, and devoid of child-proof containers, our kids are literally gobbling these things up. and to keep these products out of the hands of teens and kids – especially the youngest children that run the highest risk of being poisoned."

excuse me but what is this lady talking about, this is ignorance run wild.

 

[AgentAnia]

I notice she changed "they're vaping them up" to "they're literally gobbling them up." (Can't decide which is more ridiculous.) She has also omitted the "kids are lusting after these things" statement, which frankly was the only entertainment I got out of her original press release.

 

[AgentAnia]

BTW, Jo Lincoln, on her redheadfullofsteam blog, has an excellent post today on the subject of marketing to chidren: redheadfullofsteam | coming down upon the opponents of vaping with great vengeance and furious anger

She writes from a UK perspective, but it applies to the US as well, and perfectly. (I tweeted the link to @RepSpeier et al to be sure they saw it. )

 

[skoony]

even though i am here in minnesota i emailed a response to her.

Although i am from Minnesota i am concerned about your introduction of legislation concerning e-cigarette juice and so called nicotine delivery devices. are you aware there has never been any scientific study verifying nicotine as an addictive substance? other studies using nicotine in clinical trials to test its effectiveness as a medicine have indicated the opposite. these so called delivery devices can easily be made by anyone with rudimentary shop skills taught in high school. a battery,coil,wick,and container for juice is all that is required. how does one regulate that. as for so called marketing to children? we have seen this canard in the past and it is never been proven. a drawn picture is not a cartoon. the reason flavors are being sold is because adult consumers want and demand them. much like the flavored vodka's and condom's. are these manufacturers marketing to children? smoking rates of underage people is at historical lows. how can e-cigarettes be all the rage. our kids are making healthy choices more than ever before. no one in the e-cigarette industry is deliberately marketing to children. do not confuse lack of business acumen and naivete with something its not. as an adult i expect a reasonable discussion about this topic. not fear mongering and not hiding behind the children to ram ones unscientific views down the throats of the public.

regards
mike

 

[Bill Godshall]

This bill has zero chance of passage. Speier (like other regressive Dems in Congress) is just trying to generate publicity for herself grandstanding against e-cigs (as she knows her bill has no chance of passage by the Republican controlled House, and no chance of consideration by the E&C Cmte).

 

[Kent C]

This bill has zero chance of passage. Speier (like other regressive Dems in Congress) is just trying to generate publicity for herself grandstanding against e-cigs (as she knows her bill has no chance of passage by the Republican controlled House, and no chance of consideration by the E&C Cmte).

Generate publicity from whom? (rhetorical question)...

 

[Bill Godshall]

There are just 3 cosponsors of HR 5010; Charles Rangel (D-NY), Tony Cardenas (D-CA) and Janice Schakowsky (D-IL)

Even if Speier convinced another 213 US Representatives to cosponsor her bill (as 217 votes are needed for a majority in the House), it would still have no chance of passing the E&C Cmte.

 

[Berylanna]

So, we probably don't need a CTA on this but I respect Speier tremendously on other grounds, and really don't think someone who got shot 5 times trying to rescue children (and lost 900 people, MANY of them children, who she had MET all of! Google "Jonestown"!) is using "for the children" cynically. She is using it STUPIDLY. She has been seen hanging out in person with Glantz. She needs to be deprogrammed from the Cult of Glantz. If you live in her district (San Mateo County except for Menlo Park, Atherton, Portola Valley) please PM me.

 

[AgentAnia]

Well finally. The full text of HR5010 has been posted: https://beta.congress.gov/bill/113th-congress/house-bill/5010/text

I hope Bill G. is correct and this bill has little hope of advancing. It's worth a read, though, to see the current ANTZ thinking on legislative strategy. Also helpful if you're looking to raise your blood pressure and/or kill a few brain cells.

 

[Kent C]

Well finally. The full text of HR5010 has been posted: https://beta.congress.gov/bill/113th-congress/house-bill/5010/text

I hope Bill G. is correct and this bill has little hope of advancing. It's worth a read, though, to see the current ANTZ thinking on legislative strategy. Also helpful if you're looking to raise your blood pressure and/or kill a few brain cells.

more redefining that is significant, imo:

Under 'Definitions':

"``(B) includes any component, part, or
paraphernalia of such a product, including cartridges,
cartomizers, e-liquid, smoke juice, tips, atomizers,
batteries, and chargers, whether or not the component,
part, or paraphernalia is sold separately."

And under 'flavorings':
" ....the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall complete a study on--
(A) any purported health benefits associated with
flavorings for electronic nicotine delivery systems and
e-liquids, including whether any such flavorings help
adults to quit smoking; and
(B) whether any such flavorings would appeal to
children and increase their likelihood to use
electronic nicotine delivery systems or e-liquids."

(A) .... anything that might contain the words 'natural', 'organic' or 'lung juice'.

That (B)... could be almost anything. "Blood" - because vampires are 'hot', (though cooling . Any 'Biohazard' or 'Atomic' - because of Armageddon type video games. OR anything as innocuous as just plain 'strawberry'.

 

[pamdis]

Looks like the flavor study is a red herring. Modifying the Federal Cigarette Labeling act to add ecigs as part of the definition of a cigarette would automatically ban all characterizing flavors, right?

 

[Bill Godshall]

HR 5010 (now sponsored by 5 Democrats) was DOA in the Republican controlled House Energy and Commerce Committee the day it was introduced and referred to the committee.

That's why Jackie Speier tried to generate lots of news coverage several weeks before her bill was introduced, as that's the last anyone will read about it in the news.

Its dead. Even Henry Waxman didn't cosponsor it.