Missouri HB 2103

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Bill Godshall

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Here's the first news article about HB 2103. I anticipate more news articles throughout MO (especially in some of the 30 municipalities that have enacted workplace smoking bans), which is precisely why I posted my concerns about this legislation.

Bill would restrict efforts by cities, counties to ban smoking
Bill would restrict efforts by cities, counties to ban smoking
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Bill Godshall

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Here's a 2003 report that delineates why public health advocates staunchly oppose state legislation and laws that preempt local smoking bans (i.e. large tobacco companies have aggressively lobbied to get them enacted in many/most states since the 1980's).

Preemption: Taking the local out of tobacco control
http://www.rwjf.org/newsroom/SLSPreemption2003.pdf
 
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Bill Godshall

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JustJulie

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The hearing actually went quite well. We got a VERY late start. A court had ruled that Missouri’s law regarding transfers of students from failing schools was unconstitutional, causing the Republicans to go into caucus at noon—the time the hearing was slated to start.

Several witnesses in favor of the smoking exemption testified first, and then I offered testimony on behalf of CASAA for the portion of HB2103 that ensured that property owners would have the right to determine whether e-cigarettes could be used in various “public” places, not the government. I offered approximately 135 Witness Appearance Forms from Missouri residents in favor of the e-cigarette portion of HB2103 and a handful of forms from out-of-state folks. Because the hearing had started late and because there were several opponents left to testify after me, I cut out portions of my testimony because I wanted to make sure that there was room at the end for an important witness who was going to be testifying for information (neither in favor of, nor opposed to, the legislation). I’ll get to that in a minute. :2cool:

After I testified, there were no questions. I don’t think that really reflected a lack of interest, but, rather, the fact that the vast majority of the representatives were pretty familiar with the basic concepts of vaping and its great promise given that they had a vaper in their ranks.

The opponents didn’t have much to say about e-cigarettes—more a few comments here and there. The focus of their attention was on the smoking portion.

One opponent, Stanley Cowan, RS, from University of Health System, testified a bit about e-cigarettes, repeating some of the rather predictable objections to indoor use of e-cigarettes. I think the funniest moment in the testimony was when he talked about how because e-cigarettes look like cigarettes/smoking, it could cause confusion. There was scattered laughter amongst some of the committee members, no doubt because Representative Conway had been vaping throughout the hearing, apparently without Mr. Cowan noticing.

After both the proponents and opponents had testified, the chairman asked if anyone wanted to testify to provide information. At that point, Dr. Walt Sumner from Washington University School of Medicine came forward to testify. Dr. Sumner has intimate knowledge of vaping and e-cigarette use as he’s been following the St. Louis Vapers for about a year and a half now. In fact, he wrote a paper on vapers awhile back: Interviews With

Among other things, Dr. Sumner testified to clarify that while inhaled SMOKE was dangerous, inhaled NICOTINE was not. In fact—and this is just a paraphrase because I can’t remember his exact words—he said that mice placed in a smoke-filled box would die of smoking-related illnesses. Mice placed in a box filled with nicotine vapor would die of old age. That got a chuckle from several committee members.

Dr. Sumner also testified that there was no clear ethical or economic reason for any level of government to restrict e-cigarette use to the degree smoking is restricted, and that decisions as to whether or not to permit e-cigarette use could be left to proprietors without endangering public health.

Dr. Sumner was wonderful, and it seemed to me that his testimony was well received by the Committee.

Where do we go from here? Well, the matter is now before the Committee, and the next step would be for the Committee to meet in executive session. There is a possibility of an amendment being offered that would allow the e-cigarette portion of the bill to move forward without the smoking portion, but we won’t know if that will happen unless and until it happens. If the Committee vote is favorable, it will move on to the House.

Frankly, given that the legislative session is ending May 30th and the Missouri legislature has many other important issues to deal with, it may be tough for this legislation to wend its way through the system in time. The House and the Senate are both Republican controlled, which ordinarily is very good for us. (They seem more in favor of personal property rights and more “e-cig friendly” in general.) However, this bill would restrict the control of local governments, and that is something that Republicans have a tendency to avoid.

In the final analysis, though, I am so grateful that, if nothing else, we had the opportunity to raise awareness of e-cigarettes and begin a dialog. In fact, after the hearing, Dr. Sumner, Treece, and I spoke at length with Mr. Cowan about e-cigarettes. Not surprisingly, Mr. Cowan had never seen an e-cigarette in use. When he saw my Darwin, he said, “That doesn’t look at all like a cigarette!” (I also showed him a more traditional KR808 with a white battery, black cartomizer, and blue LED light.) We also showed him the device in operation, both with me holding the vapor in so that there was no visible vapor upon exhale and with me not inhaling and blowing out quite a bit of vapor, all of which began to immediately dissipate.

Did we change his mind? I don’t know . . . but I do think that we gave him a great deal to think about. (And for the record, he was very courteous and not at all dismissive.)

I will, of course, continue to update this thread as information becomes available.
 

JustJulie

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I wasn't able to upload my testimony, so I'm copying it here. Please note this was written testimony, and, as I mentioned in the previous post, I didn't present my entire "speech" given time constraints.


My name is Julie Woessner. I am a resident of Wildwood, Missouri, and I serve on the Board of Directors of CASAA, the Consumer Advocates for Smoke-Free Alternatives Association. CASAA is an all-volunteer, nation-wide, non-profit organization that works to ensure the availability of reduced-harm alternatives to smoking and to provide truthful and accurate information about those alternatives so that people can make informed decisions.

I have no conflicts of interest to declare.

On behalf of the Missouri members of CASAA, I would like to thank the Committee for giving me the opportunity to testify in favor of that portion of HB 2103 that would protect the use of e-cigarettes in public places. I have with me approximately 135 Witness Appearance forms from Missouri residents, all supporting the bill’s provisions regarding e-cigarette use. CASAA specifically takes no position on that portion of HB 2103 that relates to smoking.

I am a former 30-year, 2-pack a day smoker. I had tried many, many times to quit smoking, all unsuccessful. Each failed attempt left me feeling more demoralized, defeated, and ashamed. After a disastrous bout with Chantix in 2008, I finally quit trying to quit. I believed what I was told—that I needed to “Quit or Die”—and I therefore resigned myself to dying as a smoker. I picked up an e-cigarette in January of 2009 not in an effort to quit, but, rather, to cut back on what had become a 2 ½ pack a day habit. I was shocked that within days, I had completely replaced smoking with e-cigarettes.

After the first month, my smoker’s cough was gone, and my sense of taste and smell had improved. Within 3 months, I was able to take deep breaths without pain, and I no longer got winded when walking up stairs. My doctor confirmed that not only had my blood pressure decreased, but my lung capacity had increased.

Perhaps the most remarkable thing about my story is that it is not at all unusual. More than a million people have found that e-cigarettes are an acceptable alternative to smoking and have made the switch, either completely eliminating smoking or dramatically reducing the number of cigarettes smoked.

The evidence that e-cigarettes work isn’t simply anecdotal. An Italian researcher, Dr. Riccardo Polosa, recently reported that he recruited 40 hard-core smokers for a study. By “hard-core,” I mean smokers who had no desire to quit and who had, in fact, turned down a free spot in a smoking cessation program. Dr. Polosa gave these “not interested in quitting” smokers e-cigarettes, and within 6 months, more than half the participants had reduced the number of cigarettes smoked by more than 50%. Nearly a quarter had completely quit smoking. When you compare the results of this study to the success rates of 7% at 6 months and 2% at 20 months for traditional FDA-approved nicotine replacement therapies such as the gum and patch, you begin to realize just how stunning these results are.

In spite of this, the tobacco control and health care communities have been decidedly hostile towards e-cigarettes, some going so far as to falsely claim that e-cigarettes are as dangerous or more dangerous than smoking. The truth is that e-cigarettes are far, far less risky than smoking. In fact, the American Association of Public Health Physicians has stated that e-cigarettes likely pose less than 2% of the risk of smoking. This makes sense given that the greatest risk associated with cigarette smoking isn’t the tobacco itself or even the nicotine. Rather, it is lighting the cigarette, burning the tobacco, and then inhaling the products of combustion.

When you burn a tobacco cigarette, enough energy is created through combustion to break chemical bonds, allowing new chemicals to form. E-cigarettes, on the other hand, work through the process of vaporization. While combustion creates thousands of chemical changes, vaporization creates none. Rather, a liquid is heated just to the point of creating a physical change (vapor), much like boiled water creates steam.

When e-cigarette users claim, “It’s vapor, not smoke,” it isn’t just semantics.

Last week, you heard Dr. Potts testify that e-cigarette users are still addicted to nicotine. This is not entirely accurate. Many e-cigarette users have reduced or eliminated their dependence on nicotine. One of the tremendous benefits of e-cigarettes is that users can select the nicotine strength to find out what works best for them. Some eventually eliminate nicotine completely. However, most continue to use nicotine, often at reduced levels, finding that using nicotine in e-cigarettes is what allows them to remain smoking abstinent.

Nicotine, while addictive, does not cause cancer and it isn’t what makes smoking so extraordinarily dangerous. In fact, the effects of nicotine on the body are more akin to caffeine. So with all due respect, I would ask Dr. Potts why he feels that his concern about my nicotine addiction is more important than my concern about developing cancer, emphysema, COPD, or any of the many health issues associated with smoking—not nicotine use.

Dr. Potts also suggested that because e-cigarettes come in flavors other than tobacco, they are being marketed to children. However, surveys show that the average e-cigarette user is a middle-aged, long-term smoker. More than 80% of the users are over age 30 and smoked 10 or more years. More than 1/3 are older than 50 and have smoked for 30 or more years. A significant number of e-cigarette users enjoy flavors other than tobacco, many finding that the variety of flavors is at least in part what makes e-cigarettes a more appealing alternative to smoking. I would also note that Nicorette gum and lozenges come in flavors such as Cinnamon Surge Cherry, and Fruit Chill, yet no one accuses GlaxoSmithKline of marketing to children.

For the record, my favorite flavors are peach and maple, and I’ll be turning 50 in December.

The reason why this legislation protecting the public use of e-cigarettes is necessary is because various members of the tobacco control and health care community, whether through ignorance or design, have attempted to include e-cigarettes in smoking bans. For example, model smoke-free ordinances produced by the Americans for Nonsmokers’ Rights include e-cigarettes in spite of the fact that e-cigarettes create no smoke and pose no known risk to bystanders.

Personally, I would love to see more brick and mortar e-cigarette stores in Missouri. It would not only be good for Missouri’s economy, but it would also be a boon to public health. But one big stumbling block for businesses in our state is the fear that money will be invested to open a store, only to have a municipality arbitrarily ban public use of e-cigarettes despite no proof of harm.

Pages 6 through 10 of the CASAA booklet provided to Committee members include a number of quotes from respected experts regarding e-cigarettes and, in particular, their use indoors. I will not repeat them all, but I would like to highlight two:

Dr. Brad Rodu, Professor of Medicine at the University of Louisville:
“There is substantial and compelling scientific research documenting that consuming the ingredients in e-cigarettes (nicotine, propylene glycol, water and flavors) is vastly safer than burning tobacco and inhaling 3000+ toxic by-products. Claiming that e-cigarettes are dangerous for non-smokers is about as credible as claiming that air travel is dangerous for people who never set foot in an airplane.”
Dr. Joel Nitzkin, former Chair of the Tobacco Control Task Force of the American Association of Public Health Physicians, notes:
"Smoking bans have been universally justified on the basis of the risk posed by environmental tobacco smoke to non-smokers. Most of the air pollution due to cigarettes is due to sidestream smoke – the smoke that curls off the end of the cigarette when no one is puffing on it. E-cigarettes have no sidestream smoke. E-cigarettes also have none of the toxic products of combustion produced by conventional cigarettes. It is therefore unreasonable to ban them on the basis of risk to non-smokers.”

The truth is that allowing e-cigarette use indoors will actually benefit public health. If anything, sound public health policy surely would encourage smokers to replace or reduce their cigarette consumption, not create obstacles to it. Allowing e-cigarette use indoors provides a powerful incentive to switch to a far safer alternative.

Since there is absolutely no proof that e-cigarettes pose any danger to either the user or to bystanders, the decision as to whether e-cigarettes can be used should be left up to the business and property owners, not the government. The language proposed by HB 2103 regarding e-cigarettes ensures this will be the case.

Thank you for your time and consideration. I would be happy to answer any questions you might have.
 

JustJulie

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Thanks everyone for your kind words. :wub: I can't really take much credit, though . . . everything I needed to write my testimony came pretty much directly from the CASAA website. :laugh:

As scary as it is to speak at a public hearing, at the same time, it's positively empowering. Regardless of the outcome, you know you stood up, made your voice heard, and did your part in trying to effect change. :toast:
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Thanks for testifying and posting the hearing update Julie.

Although there is virtually no chance that either the smoking or e-cigarettee provisions in HB 2103 will be enacted, hopefully the House Committee hearing on HB 2103 has/will convince the MO ACS/AHA/ALA to stop advocating local smokefree ordinances that also ban e-cigarette use.

Unfortunately, ANR, CTFK and the national offices of ACS, AHA, ALA have been urging their local affiliates to include e-cig bans in smoking bans.

I've know Stan Cowan for two decades, and he's been on my e-mail list for that long (so he should have received everything I've sent out about e-cigarettes during the past several years). But then again, hundreds of folks from CTFK, ACS, AHA, ALA, ANR, FDA, CDC, NCI, state/local health departments, WHO, etc. have also been on my e-mail list, and many of them continue to make false claims about e-cigarettes when advocating e-cig sales and usage bans.
 
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Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Apr 2, 2009
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Here's another article on HB 2103 and sponsor Rep. Leach
http://www.news-leader.com/article/...a-Leach-smoking-ban-exemptions?nclick_check=1

Interestingly, the article states that Rep. Leach said her bill wouldn't appy to currently existing ordinances (there are 31 of them throughout MO), and would only apply to newly enacted ordinances.

But nothing in HB 2103 states that the bill would only apply to newly enacted ordinances, and the bill's current wording indicates that it would (upon enactment) apply to all existing ordinances as well as future ordinances.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Apr 2, 2009
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Another article on HB 2103, which contains just sentence about e-cigarettes (citing their inclusion in the bill)
New bill rekindles debate over smoking in public places | Newsmagazine Network

Here's an excerpt that I wasn't surprised to read. If anyone obtains the ACS action alert, please post.

The American Cancer Society recently joined the fray with an “action alert” urging recipients to ask their representatives to oppose the bill and help protect local smoke-free laws.
 
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