I just sent the following e-mail to Columbus Dispatch reporter Jim Siegel.
ACS, AHA, ALA lying about e-cig laws
Jim,
Per your article today at
E-cig bill called a
The national and Ohio staff of ACS, AHA and ALA have been fully aware
of state legislation that bans e-cigarette sales to minors, as those
same organizations have been falsely accusing e-cig companies of target
marketing the products to children since 2009 (when they urged FDA and
then lobbied legislatures in CA, UT, IL, MD, NY, WA, TN to ban the sale
of e-cigs to ADULTS).
FDA unlawfully banned e-cig imports in 2009, and it was struck down by
all 13 federal judges that adjudicated the lawsuit filed by two e-cig
companies (Smoking Everywhere and NJOY). I submitted an amicus brief
with the DC Court of Appeals in 2010 opposing FDA and supporting SE and
NJOY.
In contrast, CTFK, ACS, AHA, ALA submitted amicus briefs in support of
FDA.
At least 20 states have enacted laws banning the sale of e-cigarettes
to minors, and the ACS, AHA, ALA have advocated or endorsed the vast
majority of these laws (until the past several months).
Here's a quick list I put together of most states that enacted laws
banning e-cig sales to minors.
2010 - UT, NJ, MN, NH
2011 - CA, TN, CO, ID, MD, NY, WA
2012 - NY, WI
2013 - AZ, HI, IL, NC, SC, AL, AR
What's really going on is the drug industry funded national offices of
CTFK, ACS, AHA, ALA have changed their e-cigarette policy once again
(regarding state legislation) in their outrageous efforts to prevent
smokers from switching to e-cigarettes. Please note two previous
e-cig policies (attached) of these groups, which in 2010 opposed state
legislation banning e-cig sales to minors (because the groups ware
lobbying to ban e-cig sales to adults), and then in 2011 allowed state
ACS, AHA, ALA offices to support e-cig sales bans to minors.
CTFK, ACS, AHA ALA now want states to tax e-cigarettes (at the same
rate as lethal cigarettes), falsely define the smokefree devices
"electronic smoking devices" and impose other unwarranted regulations
on e-cig companies to reduce supply and demand for the products.
Since 2009, the ACS, AHA, ALA have been lobbying state legislatures to
ban e-cig use wherever smoking is banned (by deceitfully redefining
"smoking" as including the use of smokefree e-cigs, and by falsely
claiming the vapor is harmful to nonusers, and falsely claiming that
e-cig use makes it more difficult to enforce smokefree laws).
The reason why the national offices of CTFK, ACS, AHA, ALA have
demonized e-cigs and have campaiged to ban e-cig sales and use (and to
now tax and excessively regulate e-cigs) is because those organizations
have received about $200 million from Johnson & Johnson,
GlaxoSmithKline, Pfizer and other drug companies to promote their
ineffective (but FDA approved) nicotine gums, lozenges and patches
(which have a 95% failure rate for smoking cessation) and less than
safe Chantix (which increases risk of heart attack, depression and
suicidal thoughts) as the ONLY "safe and effective" ways to quit
smoking.
Since e-cigarettes are more effective for smoking cessation than FDA
approved drugs, the drug companies and their lobbyist/PR hacks at CTFK,
ACS, AHA, ALA have been trying to protect Big Pharm sales and profits
(and future drug industry funding for themselves).
In contrast, I and other public health advocates (whose goal is to
reduce smoking) and e-cig consumer activists have been advocating
e-cigarettes for smokers, have advocated state legislaiton banning
e-cig sales to minors, and urged tobacco companies to begin marketing
e-cigs and to help us get laws enacted banning e-cig sales to minors.
Several months ago, I informed CTFK, ACS, AHA, ALA (and everyone else)
that RJ Reynolds was lobbying for state laws to ban the sale of e-cigs
to minors when I exposed Reynolds's legislation in OK and RI that would
also tax e-cigs and would unfairly require all e-cigarettes to be sold
ONLY by licensed tobacco wholesalers and retailers (as Reynolds was
trying to corner the market in those states now that they've introduced
their Vuse e-cig) at
Big tobacco stubs out e-cigarette competitors | The Daily Caller
Also attached are recent oral and written testimony I presented and
submitted to FDA on regulation of e-cigarettes and other tobacco and
nicotine products, as well as my recent presentation at the Food and
Drug Law Institute's annual conference in DC on these issues.
Please note that ACS' Cathy Calloway and OH ALA's Shelly Kiser (and
most other tobacco policy staff at CTFK, ACS, AHA, ALA throughout the
nation) have been on my weekly e-mail list (and I've sent them copies
of all state bills that would ban sale of e-cigs to minors).
Bill Godshall
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh, PA 15218
412-351-5880
smokefree@compuserve.com
