Lorillard Isn't Backing Away From Menthol or E-Cigarettes

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Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
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I posted the following comment, which is the only one posted.


The rapidly growing mountain of scientific and empirical evidence consistently indicates that e-cigarettes:
- are 99% (+/-1%) less hazardous than cigarettes,
- have never been known to addict any nonsmoker (or youth) to nicotine,
- pose no risks to nonusers,
- emit similar levels of constituents as FDA approved nicotine inhalers.
- are consumed almost exclusively (i.e. 99%) by smokers and former smokers who quit by switching to e-cigs,
- have helped several million smokers quit and/or sharply reduce cigarette consumption,
- have replaced/reduced about 750 million packs of cigarettes in past five years,
- are more effective than nicotine gums, lozenges and patches for smoking cessation and reducing cigarette consumption, and
- pose fewer risks than FDA approved Chantix or Wellbutrin.

Had Obama's FDA successfully banned e-cigarettes, several million e-cigarette consumers would have smoked an additional 750 million packs of cigarettes, which would have threatened their lives and public health.

But thankfully for public health, individual freedom, market competition and common sense, all thirteen federal judges who adjudicated litigation filed by two e-cigarette companies (whose products were seized by Customs agents at US ports) agreed that the FDA's import ban on e-cigarettes was unlawful, and struck it down.

In response, on April 25, 2011 the FDA stated its intent to regulate e-cigarettes as tobacco products by imposing the "deeming" regulation and by imposing additional regulations on e-cigarettes (despite the agency's repeated claims that it bases all of its regulatory policies on scientific evidence).

Meanwhile, the FDA (and the news media) has refused to acknowledge that the "deeming" regulation would ban all e-cigarettes (per Section 905(j) and Section 910 of the tobacco Control Act), would prohibit e-cigarette companies from truthfully claiming that e-cigs "emit no smoke" (per Section 911), and would otherwise decimate the e-cigarette industry.

Even if the FDA exempts e-cigarettes from the most absurd and counterproductive provisions in Chapter IX of the FSPTCA, imposing the "deeming" regulation and additional regulations on e-cigarettes would likely ban 99% of e-cigarette companies and products, and basically give the entire fledgling e-cigarette industry (comprised of many small companies) to the existing oligopoly of Big Tobacco and perhaps several of the largest e-cigarette companies.

The best thing the FDA can do to further protect public health is to allow the largely free market for e-cigarettes to continue flourishing without any federal regulations.

More than half of the states have already banned the sale of e-cigarettes to minors, and many more states would have done so had those laws not been opposed by CTFK, ACS, AHA, ALA and other e-cigarette prohibitionist groups that urged FDA to unlawfully ban and seize e-cigarettes in 2009, that have lobbied state and local governments to ban the sale and use of e-cigarettes, that have made many false and misleading fear mongering claims about e-cigarettes, and that have refused to disclose that they've been paid off by Big Pharma to promote their products and to oppose competitive (but more effective) smokefree tobacco/nicotine alternatives.

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