Maryland about to ban sale of electronic cigarettes

[Tom09]

HOUSE BILL 720

Synopsis:
Prohibiting a person from selling, distributing, or offering for sale a product, or part of a product, that contains or delivers nicotine for human consumption and that has not been approved by the United States Food and Drug Administration; and making a violation of a specified provision of law a misdemeanor subject to a specified fine.

Bill Text

A PERSON MAY NOT SELL, DISTRIBUTE, OR OFFER FOR SALE A PRODUCT, OR ANY PART OF A PRODUCT, THAT:
(1) CONTAINS OR DELIVERS NICOTINE INTENDED FOR HUMAN CONSUMPTION; AND
(2) HAS NOT BEEN APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

[http://mlis.state.md.us/2010rs/fnotes/bil_0000/hb0720.pdf] Fiscal and Policy Note:[/url]

Background:
[...] The American Lung Association, American Cancer Society, American Heart Association, and Campaign for tobacco-Free Kids have called for e-cigarettes, which are not regulated by FDA, to be removed from the market, saying that children may be attracted to the flavored products and that they have not been proven safe.
[...] In July 2009, FDA announced that laboratory analysis found that the e-cigarette contain carcinogens and toxic chemicals such as diethylene glycol, an ingredient used in antifreeze. However, manufacturers maintain that their products are safe, and in February 2010, a federal judge ruled that FDA cannot regulate electronic cigarettes as drug-delivery devices.

Web page for tracking HOUSE BILL 720: BILL INFO-2010 Regular Session-HB 720
current status: bill in Committe, has not yet been voted on.

 

[Oliver]

Oh no, here we go again. This is clearly the way things are going, isn't it? - we're going to see more and more states deciding to act on this basis..

 

[5cardstud]

I'm surprised Washington hasn't started a ban as they're usually one of the first ones especially as we got a school marm for a governor.

 

[Sun Vaporer]

Until the Court works it out, this is what we will continue to see as more and more States jump on the ban wagon.


Sun

 

[curiousJan]

Oh no, here we go again. This is clearly the way things are going, isn't it? - we're going to see more and more states deciding to act on this basis..

Granted no one can really know, but (general you, not just SmokeyJoe) in your opinion are they trying to place a stop-gap to cover these things prior to the federal ruling, or are they over-stepping and trying to achieve even tighter control that what it appears will be the federal rule of law once the SE/njoy case is decided?

Jan

 

[Our House]

A PERSON MAY NOT SELL, DISTRIBUTE, OR OFFER FOR SALE A PRODUCT, OR ANY PART OF A PRODUCT, THAT:
(1) CONTAINS OR DELIVERS NICOTINE INTENDED FOR HUMAN CONSUMPTION; AND
(2) HAS NOT BEEN APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

So analog cigarettes are to be banned in Maryland too? Or is the State conceding that analogs are FDA Approved?

What about tomatoes, potatoes, eggplant, etc.?

 

[BigJimW]

Welcome to the Peoples Republic of America folks. A country where unjust laws are shoved down peoples throats, a country with taxation WITHOUT representation, a country where the governments agenda is self serving to the government and NOT of the people, a country where reforms (health care), which is NOT what the American people want, are being enacted without our say and against our will, a country where the population sits in apathy if something does not effect them but rise up when it DOES effect them personally, but by the time they see it, it's too late. A country that is on the brink of bankrupsy, tries to the the Worlds police, God is ...... at because we turn our back on Him and is giving us what we deserve, and a country that eventually will fall like the Roman Empire.

Yes, Welcome to the good old USSA. Relax, it won't be here for long.

 

[rothenbj]

Big Jim, you're not saying that we are becoming the country that we had the cold war against. The one that has to go into every country that has oil fields and fight to free them from tyranny of their oppressive governments. Say it isn't so.......

 

[rothenbj]

Here's what we're going to have. Nicotine owned by either the Tobacco companies or the Pharmaceutical companies and the Pact Act to make sure you can't buy from anyone else. Isn't it strange with all the financial problems around this country that the most important legislation these states can come up with is legislating against the e cig industry.

Oh I forgot, they're working on insuring that their budgets don't get eroded by lack of tobacco tax income.

 

[BigJimW]

Big Jim, you're not saying that we are becoming the country that we had the cold war against. The one that has to go into every country that has oil fields and fight to free them from tyranny of their oppressive governments. Say it isn't so.......

We have become the very country were were bitter enemies with. Only difference is our government uses the word "freedom" copiously. I firmly believe the USA forgotten the meaning of that word.

I hear that the USA has submitted waterbording as the new summer Olympic sport. 8-o

 

[nicotime]

BigJim its more like ...Welcome to the USSA...United Socialist States of Azzholes! I would say more but then I would be banned also!

Does this mean if I live in MD I cant buy it and have it shipped from a state that is not banned...which wont be the case for long anyway.

 

[yanks21]

Oh no, here we go again. This is clearly the way things are going, isn't it? - we're going to see more and more states deciding to act on this basis..

I'm afraid so

 

[nicotime]

You watch...once they get this taxed it wont be "Dangerous" anymore.

 

[dk2]

What we need is for every single ecig vender to reword their websites to be personal vaporizers and to place disclaimers stating that these products are not to be used for nicotine.

Then we can start the real battle which for the most part will be about eliquid.

If the FDA wins the ecig battle they'll stop if they lose they'll start targeting eliquid.

 

[me who]

Oh boy great

 

[BigJimW]

YouTube - Welcome to the Peoples Republic of America

 

[Vicks Vap-oh-Yeah]

Somebody has shifted tactics. There is a bill in Il. that is worded eeriely alike. They have stopped focusing on PV's in general, and have just put their beady little eyes squarely on nic.

But the law could come back to bite them in the bunz. The way this is worded, and taken out of context, you could have every restaurant in the US with a salad bar or who sells anything with tomato in it shut down for serving a product containing nicotine intended for human consumption which is not a tobacco product and approved by the FDA.

No more marinara sauce, salsa, ketsup, etc.

 

[BigJimW]

Somebody has shifted tactics. There is a bill in Il. that is worded eeriely alike. They have stopped focusing on PV's in general, and have just put their beady little eyes squarely on nic.

But the law could come back to bite them in the bunz. The way this is worded, and taken out of context, you could have every restaurant in the US with a salad bar or who sells anything with tomato in it shut down for serving a product containing nicotine intended for human consumption which is not a tobacco product and approved by the FDA.

No more marinara sauce, salsa, ketsup, etc.

That, and the way it is worded makes it appear that cigarettes are indeed FDA approved, since the bill proposed bans any nicotine delivery system that is NOT approved by the FDA. So, the way it is worded, since cigarettes are not FDA approved, these states are unwittingly banning cigarettes.

That should go over well with smokers. Lawyers will be making a killing with this one.

 

[anim8r]

I'm going to contact a lawyer and see if I can sue the state of Maryland for my future wrongful death.

Might be an interesting discussion.

 

[Sun Vaporer]

Big Jim--Tobacco products have their own special statutory scheme enacted by Congress that is now regulated by the FDA. If the Court upholds that e-cigs are tobacco products, then they can not be banned.

The Court did not just limit it to "traditional tobacco" products, but rather to "all tobacco products"---big difference.


Sun