Hawaii legislation (HB 2557) would tax e-cigarettes at 70% of wholesale price, ban sales to minors

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JoeInferno

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Also, Thank you Vocalek for your letter to the governor. I hope all these people take the time to read this letters everyone is sending and really takes what we are saying to heart. I have heard some good reports back from a few, but not enough to make us relax one bit. we are gonna fight this till the end.
 

JoeInferno

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Tomorrow is the big day... hope everyone that can make it to the hearing shows up. there are still a few hours to get your testimonies in on SB2819 as well they will take them up 24 hours before the hearing, the hearing is at 9am HST So only a few hours left. If you havent yet please get your added. We need to fight this and show them they can not push us around.

All the Volcano staff will be there in force along with many of our customers. We will not go silently into the night on this matter.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
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I submitted the following testimony at Submit Online Testimony


Please approve Part II of SB 2819 since it would wisely ban the sale of electronic cigarettes (e-cigarettes) to minors, but please remove Part I from the bill because a 70% tax on the products would harm public health (by discouraging smokers from switching to far less hazardous e-cigarettes), would decimate existing e-cigarette companies in Hawaii and would generate very little state revenue (by encouraging e-cigarette consumers in Hawaii to instead purchase the products via the Internet and mail order from other states to avoid the excise tax).

Further, the definition of an e-cigarette in SB 2819 is overly broad and could result in multiple 70% taxes on e-cigarette components, and a 70% tax on components that are also used for non e-cigarette products (e.g. mechanical heating element, battery, electronic circuit, component, or related product, whether manufactured, distributed, marketed, or sold).

Please note that since I founded Smokefree Pennsylvania in 1990, we’ve advocated policies to reduce tobacco smoke pollution indoors, increase cigarette taxes, reduce tobacco marketing to youth, preserve civil justice remedies for those injured by cigarettes, and expand smoking cessation services. For disclosure, neither Smokefree Pennsylvania nor I have ever received any funding from a tobacco, drug, e-cigarette or any other company that markets tobacco or nicotine products.

In 2006, I coauthored a comprehensive scientific report "Tobacco harm reduction: an alternative cessation strategy for inveterate smokers" at HRJ | Full text | Tobacco harm reduction: an alternative cessation strategy for inveterate smokers and in 2007 the Royal College of Physicians
issued a similar report "Harm reduction in nicotine addiction; Helping people who can't quit" at http://www.tobaccoprogram.org/pdf/4fc74817-64c5-4105-951e-38239b09c5db.pdf.

Epidemiology studies have consistently found that cigarette smoking poses 100 times greater morbidity and mortality risks than use of smokeless tobacco products in the US and Sweden, and indicate that all other noncombustible tobacco/nicotine products (including e-cigarettes, nicotine gums, lozenges, patches) also are 99% less hazardous alternatives to cigarettes.

Smokers who switch to smokefree tobacco/nicotine products reduce their health risks nearly as much as smokers who quit all tobacco/nicotine usage, and several million smokers in the US have already switched to smokeless tobacco products, e-cigarettes and/or NRT products.

More than one million smokers in the US have quit smoking or sharply reduced their cigarette consumption by switching to or substituting smokefree e-cigarettes. To date, there is no evidence that e-cigarette usage has harmed anyone, which is logical since the products emit a tiny amount of vaporized nicotine (similar to nicotine inhalers that are marketed as smoking cessation aids) and water vapor. All of the dozen plus laboratory tests conducted on e-cigarettes found that e-cigarettes emit no hazardous levels of any constitutents, and that levels of nitrosamines in e-cigarettes are nearly identical (i.e. very little if any) to those in nicotine gums and patches.
http://www.healthnz.co.nz/RuyanCartridgeReport30-Oct-08.pdf
http://www.starscientific.com/404/stepanov tsna in.pdf
http://www.healthnz.co.nz/DublinEcigBenchtopHandout.pdf
http://www.casaa.org/files/Study_TSNAs_in_NJOY_Vapor.pdf
Lab Reports / E Liquid Facts / Totally Wicked
http://cdn.johnsoncreeksmokejuice.com/downloads/JCE_GCMS_Report.pdf
http://www.libertystix.com/LibertyStixLabAnalysis072309.pdf
http://truthaboutecigs.com/science/8.pdf
http://www.casaa.org/files/Exponent Response-to-the-FDA-Summary.pdf
http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf
Taylor & Francis Online :: ANALYSIS OF ELECTRONIC CIGARETTE CARTRIDGES, REFILL SOLUTIONS, AND SMOKE FOR NICOTINE AND NICOTINE RELATED IMPURITIES - Journal of Liquid Chromatography & Related Technologies - Volume 34, Issue 14

A Literature Review for Glycerol and Glycols for Entertainment Services & Technology Association also found no health risks to humans http://tsp.plasa.org/tsp/working_groups/FS/docs/HSE.pdf, while new pharmacology, pharmacokinetic and toxicology studies at http://www.sciencedirect.com/science/article/pii/S0300483X11002095 found that laboratory animals were not harmed by very high levels of propylene glycol aerosol.

E-cigarettes also have been found to contain/emit similar or lower levels of nicotine than nicotine gums and lozenges
http://www.healthnz.co.nz/2010 Bullen ECig.pdf and http://www.casaa.org/files/Virgiania Commonwealth University Study.pdf. This indicates that e-cigarettes emit enough to satisfy the cravings of smokers, but may not emit enough nicotine to addict nonsmokers. There is no evidence that any youth or non-tobacco users have become addicted to e-cigarettes.

Many published surveys have confirmed that e-cigarettes satisfy the cravings of smokers, help many smokers quit and/or sharply reduce cigarette consumption, and provide perceived health benefits to users who switched from cigarettes.
Sign In
http://www.biomedcentral.com/content/pdf/1471-2458-10-231.pdf
THR2010. (tobaccoharmreduction.org) (see chapter 9)
http://ectoh.org/documents/3B.5 Ett...ation satisfaction and perceived efficacy.pdf
http://www.ajpmonline.org/webfiles/images/journals/AMEPRE/AMEPRE3013.pdf
Electronic cigarettes (e-cigs): views of af... [Int J Clin Pract. 2011] - PubMed - NCBI
Electronic Cigarettes

A recently published e-cigarette study at CASAA.org found that 22.5% of participating smokers remained smokefree after 24 weeks and another 32.5% of participants reduced daily cigarette consumption by 50%, including 12.5% who reduced daily cigarette consumption by 80%.

A Japanese study similarly found e-cigarettes to be effective for decreasing cigarette consumption
SEIKATSUEISEI : Vol. 55 (2011) , No. 1 p.59-64, while a recent case study found e-cigarettes effective for smoking cessation among depressed patients http://www.scirp.org/journal/PaperInformation.aspx?paperID=6134&publishStatus=2.

Former FDA Commissioner David Kessler has also acknowledged the benefits of smokeless tobacco, dissolvables and e-cigarettes as less hazardous alternatives for cigarette smokers at http://www.westport-news.com/busine...-Commissioner-talks-about-tobacco-1735433.php by stating "there's no doubt that in terms of risk of death there are some advantages to that substitution."

Other public health organizations that have extensively studied e-cigarettes have also endorsed their use by smokers, including The American Association of Public Health Physicians Regulations.gov and the American Council on Science and Health NEJM editorial: e-cigarette users should resume smoking for their own good > Facts & Fears > ACSH.

Once again, please remove the 70% tax from SB 2819, and then approve the bill to ban e-cigarette sales to minors.

Sincerely,


William T. Godshall, MPH
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh PA 15218
412-351-5880
smokefree@compuserve.com
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
I submitted the following testimony at Submit Online Testimony


Please approve Part II of SB 2819 since it would wisely ban the sale of electronic cigarettes (e-cigarettes) to minors, but please remove Part I from the bill because a 70% tax on the products would harm public health (by discouraging smokers from switching to far less hazardous e-cigarettes), would decimate existing e-cigarette companies in Hawaii and would generate very little state revenue (by encouraging e-cigarette consumers in Hawaii to instead purchase the products via the Internet and mail order from other states to avoid the excise tax).

Further, the definition of an e-cigarette in SB 2819 is overly broad and could result in multiple 70% taxes on e-cigarette components, and a 70% tax on components that are also used for non e-cigarette products (e.g. mechanical heating element, battery, electronic circuit, component, or related product, whether manufactured, distributed, marketed, or sold).

Please note that since I founded Smokefree Pennsylvania in 1990, we’ve advocated policies to reduce tobacco smoke pollution indoors, increase cigarette taxes, reduce tobacco marketing to youth, preserve civil justice remedies for those injured by cigarettes, and expand smoking cessation services. For disclosure, neither Smokefree Pennsylvania nor I have ever received any funding from a tobacco, drug, e-cigarette or any other company that markets tobacco or nicotine products.

In 2006, I coauthored a comprehensive scientific report "Tobacco harm reduction: an alternative cessation strategy for inveterate smokers" at HRJ | Full text | Tobacco harm reduction: an alternative cessation strategy for inveterate smokers and in 2007 the Royal College of Physicians
issued a similar report "Harm reduction in nicotine addiction; Helping people who can't quit" at http://www.tobaccoprogram.org/pdf/4fc74817-64c5-4105-951e-38239b09c5db.pdf.

Epidemiology studies have consistently found that cigarette smoking poses 100 times greater morbidity and mortality risks than use of smokeless tobacco products in the US and Sweden, and indicate that all other noncombustible tobacco/nicotine products (including e-cigarettes, nicotine gums, lozenges, patches) also are 99% less hazardous alternatives to cigarettes.

Smokers who switch to smokefree tobacco/nicotine products reduce their health risks nearly as much as smokers who quit all tobacco/nicotine usage, and several million smokers in the US have already switched to smokeless tobacco products, e-cigarettes and/or NRT products.

More than one million smokers in the US have quit smoking or sharply reduced their cigarette consumption by switching to or substituting smokefree e-cigarettes. To date, there is no evidence that e-cigarette usage has harmed anyone, which is logical since the products emit a tiny amount of vaporized nicotine (similar to nicotine inhalers that are marketed as smoking cessation aids) and water vapor. All of the dozen plus laboratory tests conducted on e-cigarettes found that e-cigarettes emit no hazardous levels of any constitutents, and that levels of nitrosamines in e-cigarettes are nearly identical (i.e. very little if any) to those in nicotine gums and patches.
http://www.healthnz.co.nz/RuyanCartridgeReport30-Oct-08.pdf
http://www.starscientific.com/404/stepanov tsna in.pdf
http://www.healthnz.co.nz/DublinEcigBenchtopHandout.pdf
http://www.casaa.org/files/Study_TSNAs_in_NJOY_Vapor.pdf
Lab Reports / E Liquid Facts / Totally Wicked
http://cdn.johnsoncreeksmokejuice.com/downloads/JCE_GCMS_Report.pdf
http://www.libertystix.com/LibertyStixLabAnalysis072309.pdf
http://truthaboutecigs.com/science/8.pdf
http://www.casaa.org/files/Exponent Response-to-the-FDA-Summary.pdf
http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf
Taylor & Francis Online :: ANALYSIS OF ELECTRONIC CIGARETTE CARTRIDGES, REFILL SOLUTIONS, AND SMOKE FOR NICOTINE AND NICOTINE RELATED IMPURITIES - Journal of Liquid Chromatography & Related Technologies - Volume 34, Issue 14

A Literature Review for Glycerol and Glycols for Entertainment Services & Technology Association also found no health risks to humans http://tsp.plasa.org/tsp/working_groups/FS/docs/HSE.pdf, while new pharmacology, pharmacokinetic and toxicology studies at http://www.sciencedirect.com/science/article/pii/S0300483X11002095 found that laboratory animals were not harmed by very high levels of propylene glycol aerosol.

E-cigarettes also have been found to contain/emit similar or lower levels of nicotine than nicotine gums and lozenges
http://www.healthnz.co.nz/2010 Bullen ECig.pdf and http://www.casaa.org/files/Virgiania Commonwealth University Study.pdf. This indicates that e-cigarettes emit enough to satisfy the cravings of smokers, but may not emit enough nicotine to addict nonsmokers. There is no evidence that any youth or non-tobacco users have become addicted to e-cigarettes.

Many published surveys have confirmed that e-cigarettes satisfy the cravings of smokers, help many smokers quit and/or sharply reduce cigarette consumption, and provide perceived health benefits to users who switched from cigarettes.
Sign In
http://www.biomedcentral.com/content/pdf/1471-2458-10-231.pdf
THR2010. (tobaccoharmreduction.org) (see chapter 9)
http://ectoh.org/documents/3B.5 Ett...ation satisfaction and perceived efficacy.pdf
http://www.ajpmonline.org/webfiles/images/journals/AMEPRE/AMEPRE3013.pdf
Electronic cigarettes (e-cigs): views of af... [Int J Clin Pract. 2011] - PubMed - NCBI
Electronic Cigarettes

A recently published e-cigarette study at CASAA.org found that 22.5% of participating smokers remained smokefree after 24 weeks and another 32.5% of participants reduced daily cigarette consumption by 50%, including 12.5% who reduced daily cigarette consumption by 80%.

A Japanese study similarly found e-cigarettes to be effective for decreasing cigarette consumption
SEIKATSUEISEI : Vol. 55 (2011) , No. 1 p.59-64, while a recent case study found e-cigarettes effective for smoking cessation among depressed patients http://www.scirp.org/journal/PaperInformation.aspx?paperID=6134&publishStatus=2.

Former FDA Commissioner David Kessler has also acknowledged the benefits of smokeless tobacco, dissolvables and e-cigarettes as less hazardous alternatives for cigarette smokers at http://www.westport-news.com/busine...-Commissioner-talks-about-tobacco-1735433.php by stating "there's no doubt that in terms of risk of death there are some advantages to that substitution."

Other public health organizations that have extensively studied e-cigarettes have also endorsed their use by smokers, including The American Association of Public Health Physicians Regulations.gov and the American Council on Science and Health NEJM editorial: e-cigarette users should resume smoking for their own good > Facts & Fears > ACSH.

Once again, please remove the 70% tax from SB 2819, and then approve the bill to ban e-cigarette sales to minors.

Sincerely,


William T. Godshall, MPH
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh PA 15218
412-351-5880
smokefree@compuserve.com
 

Mediaguy

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Placebo Effect

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Unbelievable outpouring of testimony -- http://www.capitol.hawaii.gov/session2012/Testimony/SB2819_TESTIMONY_WAM_02-08-12.pdf

1251 pages, and there appear to be only 2 or 3 letters in support of the tax. One comes from the Department of Revenue, and they're hardly a neutral player. What appears to be the sole letter in support comes this ignorant individual

Any measures that attempt to limit and prevent minors from accessing tobacco products should be supported. The long term effects of e-cigarette use has not yet been determined. Do not let the young and vulnerable go down this path with this device by allowing it to go unsanctioned. Lung health is not a replaceable commodity. Likewise, by placing this paraphernalia into a category that allows for increased taxation should also be supported, to deter access by adults. Many are stopping, because of the rising cost of tobacco products. The harmful effects of tobacco use are well documented. The cost of treating health problems caused by smoking are draining our coffers across our state and across the USA, in addition to contributing to the early disability and demise of those individuals who took up the activity. Please pass SB2819. Sincerely, Jo Ann Ikehara, RRT, LRT (Registered and Licensed Respiratory Therapist)
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
Likewise, by placing this paraphernalia into a category that allows for increased taxation should also be supported, to deter access by adults. Many are stopping, because of the rising cost of tobacco products.

Translation?

We must deter access to e-cigarettes by adults who have been adandoning the real thing in droves. There goes the tax money! There goes the Master Settlement Agreement Funds! Many switched to an e-cigarette because of the rising cost of cigarettes. Make them all cost the same so adults won't stop smoking. That will keep the tax revenue pouring in. Save the children!
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
5,171
13,288
67
According to page 152 of the testimony compilation, 999 individuals submitted testimony in opposition to the proposed e-cigarette tax bill (SB 2819).

And according to page 138 of the testimony compilation, 12 individuals submitted testimony in support of the e-cig tax hike bill. But some of those commenters opposed the legislation (and apparently incorrectly indicated their support for the bill), and most of those commenters posted no comment.

There are also about a dozen testifiers who indicated "comment only" (instead of "support" or "oppose") for the bill (at the end of the testimony compilation) all of whom opposed the tax hike (with some supporting the provision in the bill that bans e-cig sales to minors).

But I couldn't find the testimony I submitted (that was previously posted on this thread) in the testimony compilation. Since I supported part of the bill (to ban e-cig sales to minors), but opposed the part of the bill to tax e-cigs, I indicated "comment only" instead of "support" or "oppose". I received an e-mail notice from HI indicating they received my testimony
 
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Placebo Effect

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Bill, you may have been late submitting testimony. I am pretty sure they will release a document with "late" testimony in the next couple days.

According to Joe Volcano, things are looking good

We all just got back from the hearing!! In our opinion it went real well. Our bill started at 940 and ended at about 1115. The room was full of people apposing the bill. The department of health came with many claims that they could not back up and embarrassed themselves. Volcano and our attorney represented ourselves real well. We have high hope they will amend the taxation part of the bill and keep the age requirement. The newspaper and KITV news was there to interview us.

The decision will be made this friday at 11am.

. . .

They claimed that they put a sin tax on cigarettes to keep kids from buying cigarettes...meaning its too expensive for them to buy. The senators objected harshly as the average cost of an electronic cigarette is $70...not $7. We also explained that it is not as easy to use as cigarettes. It doesn't take a lighter and a cigarette.

. . .

Health Department also claimed that flavors entice kids to buy electronic cigarettes. The senators asked if they had any proof that kids were buying electronic cigarettes, or if they had proof that flavors entice kids to buy ecigs...and they had no evidence. The senators said "You cant make claims like this without any proof.:
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
The senators said "You cant make claims like this without any proof."

How ironic. The ANTZ have been accusing e-cig vendors of making unproven health claims. When the products first came out, vendors truthfully pointed out that the products could help people who wanted to stop smoking. Vendors now avoid words like "quit" and "cessation" because they know that the FDA considers that to be a "health claim" and will slap them down if they do make such claims.

Now it is obvious that it's the ANTZ, not the vendors, that make claims they can't substantiate. The ANTZ finally got to eat their own words.
 

Placebo Effect

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The 'late' testimony is up -- www.capitol.hawaii.gov/session2012/Testimony/SB2819_TESTIMONY_WAM_02-08-12_LATE.pdf

The American Cancer Society of Hawaii claims there is no "scientific evidence" e-cigarettes help people quit.

Coalition for a Tobacco-Free Hawaii writes a letter straight out of 2009.

REAL, a "youth-led movement against the tobacco industry" had several high schoolers write letters in support of the bill. It appears they were unaware of the tax component, as few if any touch upon it. Nearly every single one mentions visiting a mall kiosk and being pressured to use the product.

One 17 year old, who I will respectfully not name on the forum despite her testimony being public, had this to say.

As you may know, currently there isn’t an age restriction on E-Cigarettes. This allows
anyone to purchase this type of product. A 10-year old could walk up to the
kiosk/counter and purchase on of these in any mall. E-Cigarettes are flavored and are
affordable. The cheapest is at about $30 which is very price friendly for youth. The
products are also available in flavors. My little cousins ask me what the E-Cigarettes are
because of these flavors. It makes it seem like candy. I don’t like watching my younger
cousins interest in these products. Also electronics are the big thing that everyone takes
interest in these days, especially youth.

It has been said that E-Cigarettes help people quit smoking and that it doesn’t require
the smoking of tobacco and therefore may be safer. None of these things have been
proven. And the fact is that these products do contain nicotine which is addictive.

It is my opinion that E-Cigarettes are a loop hole around the smoke-free workplaces law
here in Hawaii. Even if smoking an e-cigarette, it gives off the impression that smoking
is still a normal and acceptable behavior.

From a different safety standpoint, there have been cases reported of small children
ingesting the nicotine liquid products and they have been poisoned or almost killed.


I encourage you to support me and the 6,000 youth advocates of REAL in passing SB
2819. Thank you for your time and consideration. Please kokua and help our future
generation of our keiki. Your support is greatly appreciated.
 
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