Montana Law hazy concerning e-cigarettes

[IsxFun]

published on Friday, December 25, 2009 8:29 PM MST
By DANIEL PERSON Chronicle Staff Writer

Montana State health officials have backed down from their initial stance that e-cigarettes are illegal to use inside any public building under the Montana Clean Indoor Air Act that went into effect Oct. 1.
But the state is far from endorsing the products that the Food and Drug Administration says deliver at least one carcinogen to users, and hopes the federal government prevails in a lawsuit that would bring e-cigarettes under stricter regulation nationwide.

“This could be a public health problem, so we’re going to keep an eye on it and do what we can to discourage folks from using it,” said Linda Lee, Montana tobacco Use Prevention Program supervisor at the Department of Health and Human Services.

When the law first went into effect, Lee told the Billings Gazette that e-cigarettes were considered by the department’s attorney as a “smokeable product” and banned indoors.

“For now, we see them as covered under the law," Lee said in early October.

But Lee said that stance was brought into question, and the department has backed away.

“We, at this point, don’t feel that we can go into a place and say, ‘You’re using e-cigarettes. That’s a violation of the Clean Indoor Air Act,’” she said. “But at the same time, we’d like to.”

Law hazy concerning e-cigarettes - Daily Chronicle

 

[cliff5550]

Doesn"t sound hazy to me.
“We, at this point, don’t feel that we can go into a place and say, ‘You’re using e-cigarettes. That’s a violation of the Clean Indoor Air Act,’”

 

[Our House]

Doesn't sound like this lady did her research either.

"This could be a public health problem, so we’re going to keep an eye on it and do what we can to discourage folks from using it"

Doesn't she realize that almost every person discouraged from using it will continue to smoke ACTUAL cigarettes?? Duh.

 

[Vocalek]

Looks like either the Chronicle has a web snafu, or they have pulled the story.

 

[Leal]

Hi all! Just signed up on ecf tonight but been reading and learning for awhile. As a Montana vaper (started Dec 24, 2009) the part that bothers me about Linda Lee's statement is "but at the same time we would like to". Crap

 

[Vocalek]

Hi all! Just signed up on ecf tonight but been reading and learning for awhile. As a Montana vaper (started Dec 24, 2009) the part that bothers me about Linda Lee's statement is "but at the same time we would like to". Crap

You might want to drop Linda Lee a line to ask her why she wants to get rid of a product that is about 800 times more effective at helping people stop inhaling tobacco smoke than the FDA-approved nicotine products.

You can point her to the University of Alberta study that shows that 79% of e-cigarette users have completely stopped smoking http://www.tobaccoharmreduction.org/wpapers/011v1.pdf and the ongoing poll with over 1400 respondents that shows almost 82% have completely stopped smoking, and almost all of the rest have reduced the number of cigarettes smoked. http://www.e-cigarette-forum.com/forum/polls/6470-e-cig-success-rate.html

You can also point out that people are reporting improvements in their lung health and heart health. Just page through the response to the e-cig success-rate poll and you will find some quotable descriptions of health improvements.

End with your story that after XX years of being a smoker, you have finally found something that works. And ask, "Why in the world would anyone who cares about people's health want to get rid of such a product?"

 

[SteveMcCleen]

Vocalek,

Great info I'm going to check out:

tobaccoharmreduction.org/wpapers/011v1.pdf[/url]

right now.

 

[Leal]

Thanks for the awesome outline Vocalek. I most certainly will contact Linda Lee. If there are any other MT vapers who want to write as well, I can't post the link but Google Montana Tobacco Use Prevention Program and go to Contact Us on the side bar. It will take you to email link. Or write a letter to

Montana Tobacco Use Prevention Program
1400 Broadway, Room C314
Helena, MT 59620-29541
Fax # 406-444-7465

BTW I have never joined a forum before (very shy), but this one is great.

 

[jlarsen]

I was vaping inside a bar/casino just last night, and nobody said anything or reported me.

 

[ctourtelot]

I grew up in Montana and haven't been back for many years. I was considering a trip this summer, but I might have to second guess that now lol

 

[jlarsen]

I grew up in Montana and haven't been back for many years. I was considering a trip this summer, but I might have to second guess that now lol

Naw, I wouldn't worry about it. The article that came out surrounding the state health department's first statement made it sound pretty bad for vapers. But the second article states it pretty clearly, e cigs are legal under Montana law, and there isn't anything the state gov can do about it without changing state law. People vape in bars and casinos all the time, though there might be a few individual tavern owners that don't allow it in their establishments - some bars even rent ecigs to their patrons or sell disposable ecigs.

 

[ctourtelot]

lol I was kidding actually. Mom's been on me to visit for several years now. If I don't go this year, she's probably going to drive here and drag me home by my nosehair. She says she's seen tv ads for e-cigs over there, but doesn't know anyone who's tried them.

 

[jlarsen]

Yeah, some company was running ads, they didn't seem to be on the airwaves long. I don't even remember the company, I don't think it was Blu, but something similar. I did notice that they didn't/couldn't say on the ad if the product contained nicotine, it might have even said that it DIDN'T, so I'm thinking they might have only sold no-nic carts.

They aren't real popular here, but I'm surprised she doesn't know anyone that uses them. Several bars sell disposables, and there's usually at least one person in any given bar vaping. I am surprised that they haven't caught on more. I think the high (relatively) startup cost is preventing people. I really don't understand why though, a starter kit from most companies is less than two cartons of cigarettes. Of course the disposables are unreliable pieces of junk, so they are probably turning people that try them off of ecigs - I wonder if BT is pumping out the disposables to persuade people against switching?

I know one Montana bar actually rented out ecigs, Blu I think. I think more bars should do that, rent out high end models. Of course that could get pricey with people walking away with them or dropping them in their beers.

 

[ctourtelot]

Yeah well...come to think of it, Mom doesn't get out much lol. I haven't seen many Montana vapers on here. She also lives in a pretty small town. We didn't even have a McDonald's until the early 90's and still have to drive to Butte to hit the Walmart. I haven't been back since 98 though. I probably wouldn't recognize the place now.

 

[jlarsen]

A lot of the small towns haven't grown since the 90s. Most of the larger towns (what Montanans would call "cities") have grown quite a bit. Bozeman, Bellgrade, and Helena would probably be unrecognizable to you. I don't get to the other "cities" much, but Missoula and Billings always seemed like big cities to a Helena boy such as myself. Did you see the 2010 census, there are almost a million people in the state now.

Hmm... Anaconda, Deer Lodge, Whitehall, Boulder. Two of those have a McDonalds, and none of them have a WalMart.

For some reason I thought Townsend had gotten a McDonalds in the past decade, but a search on the McDonalds locator says it isn't so. LOL That's Montana for you. We were the last state in the country to get a Chili's, and Vonage, and I think the only state left that doesn't have T-mobile. It's a four hour drive to Billings if I want to go to Olive Garden. Helena did get a Buffalo Wild Wings recently, so now there's only half as many reasons to go to Billings.

 

[Vocalek]

I know one Montana bar actually rented out ecigs, Blu I think. I think more bars should do that, rent out high end models. Of course that could get pricey with people walking away with them or dropping them in their beers.

Easy solution: When you rent the ecig, you collect and hold the renter's credit card. In the alternative, you place a charge for the entire cost of the ecig on his/her credit card, to be reversed when the item is returned in good working condition.

 

[Zal42]

Easy solution: When you rent the ecig, you collect and hold the renter's credit card.

Yup, just like my local bar does with pool balls.

 

[dijohn76]

I live in Montana (just south of Great Falls) and have a number of places that I vape at with no problem!

 

[jlarsen]

Easy solution: When you rent the ecig, you collect and hold the renter's credit card. In the alternative, you place a charge for the entire cost of the ecig on his/her credit card, to be reversed when the item is returned in good working condition.

Or just hold their driver's license and put the e-cig rental fee on their tab. I have been to bars, though not in Montana, that do that with regular bar tabs. Though the credit card method is more secure. It would probably be cheaper for someone to pay the replacement driver's license fee than to buy an e-cig and pay for their drinks.

 

[Bill Godshall]

The news article posted on the first note of this thread is from December 25, 2009, which also explains why the weblink is no longer available.

It would be helpful if folks wouldn't confuse non perceptive readers by portraying old news articles as if they were recent news.

Besides, the artilce clearly indicates that the Montana Health officials do not consider e-cigarette usage to be a violation of the state's smokefree workplace law.