Has anyone found out what (if any) action was taken (on the proposed e-cigarette regulation and/or the previously proposed public hearing) at last night's meeting of the Albany County Legislature's Health Committee?
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Smokefree Pennsylvania sent the following letter to the following members of the Legislature's Health Committee (where the bill was referred) and to the two bill sponsors.
Everyone has my permission and encouragement to feel free to cut-and-paste and/or paraphrase this letter or portions thereof in letters, testimony, op/eds or other communications on these critically important matters.
Albany County Legislature Health Committee
Mary Lou Connolly, Chair
maryloubc@acmenet.net
Lucille McKnight
lmcknight@nycap.rr.com
Wanda Willingham
wandafay12210@yahoo.com
Raymond Joyce
raymond.joyce@us.ngrid.com
Gilbert Ethier (no known e-mail address)
Patrick Timmins
patrick.timmins@albanycounty.com
Carl Zeilman
carlzeilman@gmail.com
Ryan Horstmyer
ryan.horstmyer@albanycounty.com
Lee Carman
leebeck@nycap.rr.com
Bill Sponsors
Bryan Clenahan Clenahan
bryan.clenahan@albanycounty.com
Brian Scavo
brisca5@aol.com
----- Original Message -----
From: Bill Godshall
To: Mary Lou Connolly ; Lucille McKnight ; Wanda Willingham ; Raymond Joyce ; Patrick Timmins ; Carl Zeilman ; Ryan Horstmyer ; Lee Carman ; Bryan Clenahan ; Brian Scavo
Sent: Wednesday, July 28, 2010 5:52 PM
Subject: Corrections/recommendations on e-cigarette proposal "G"
Dear Albany County Legislators:
While prohibiting the sale of electronic cigarettes (e-cigarettes) to minors is a policy endorsed by public health advocates and by e-cigarette suppliers and consumer groups, proposed Local Law No. "G" For 2010 in the Albany County Legislature at
File not found contains inaccurate, misleading and/or inflamatory statements in nine of the twelve paragraphs in Section 1. Legislative Intent, and there exists no evidence justifying a ban on the usage of these lifesaving products in indoor workplaces or public places.
E-cigarettes emit ZERO smoke, are clearly distinguishable from cigarettes, pose no known health or safety risks for nonusers
Ecigarette mist harmless, inhaled or exhaled, and appear to be at least 99% less hazardous alternatives to cigarettes (in contrast to claims in the 3rd and 6th paragraphs of Section 1).
While about 500,000 smokers in Ameria have switched to e-cigarettes in the past several years, and while many/most e-cigarette consumers have found the products effective for quitting smoking and improving respiratory health (which was confirmed in recently published surveys at
http://www.biomedcentral.com/content...458-10-231.pdf and
THR2010. (tobaccoharmreduction.org) chapter 9), the vast majority of e-cigarette companies do NOT market their products as "safe" or as "smoking cessation" aids (as claimed in the 5th and 6th paragraphs of Section 1).
There is also no evidence that e-cigarettes have been marketed to (or used by) minors or non tobacco users (in contrast to claims in the 8th and 9th paragraphs of Section 1). But it would still be wise to ban the sale of e-cigarettes to minors (just like all other tobacco products).
In contrast to claims made in the 3rd, 4th, 9th, 10th and 11th paragraphs of Section 1, nicotine accounts for less than 5% of the contents of e-cigarettes cartridges, nicotine is not toxic at levels levels found in e-cigarettes (or in tobacco products), and two recently published studies at
http://www.healthnz.co.nz/2010 Bullen ECig.pdf and
http://www.e-cigarette-forum.com/for...igarettes.html have confirmed that e-cigarettes emit significantly less nicotine than cigarettes, indicating that e-cigarettes may not contain/emit enough nicotine to create addiction.
Meanwhile, claims in the 6th paragraph of Section1 grossly misrepresent the FDA's laboratory test at
http://www.fda.gov/downloads/Drugs/S.../UCM173250.pdf, as the trace levels of several carcinogens found (in the FDA's lab test as well as in those conducted by e-cigarette companies) were nearly identical to levels of those same carcinogens found in FDA approved nicotine gums and patches
http://www.starscientific.com/404/st...0tsna in.pdf Also, the one so-called toxin (diethelyene glycol) that was found in just one of nineteen e-cigarette samples tested by the FDA also was found at a trace level that poses no toxicity risk.
Please note that FDA Deputy Commissioner Josh Sharfstein similarly misrepresented evidence about e-cigarettes and the findings of the FDA's lab report at a press conference last year, which prompted the American Association of Public Health Physicians (which represents medical directors of local and state health departments) to formally petition the FDA to correct its misrepresentations of fact
http://www.regulations.gov/search/Re...DA-2010-P-0093 and to promulgate regulations for e-cigarettes as tobacco products
http://www.regulations.gov/search/Re...DA-2010-P-0095
Finally, in regards to claims in the 7th paragraph of Section 1, although the FDA attempted to ban the import of e-cigarettes (by claiming they are unapproved drug devices), the FDA has been sued over this action, and Federal District Court Judge Richard Leon issued a ruling
https://ecf.dcd.uscourts.gov/cgi-bin...?2009cv0771-54 in January denying FDA authority to regulate e-cigarettes as drug devices under the FDCA (and stipulating that the FDA can only regulate e-cigarettes as tobacco products under the FSPTCA enacted by Congress last year). The DC Court of Appeals has scheduled oral arguments on the FDA's appeal in September, and a coalition of public health advocates (including Smokefree Pennsylvania) and e-cigarette consumer groups filed an amici curiae brief
http://www................/Ouramicusbrief.pdf against the FDA and in support of Judge Leon's ruling.
Therefore, Smokefree Pennsylvania encourages the Albany County Legislature's Health Committee to amend/correct the inaccurate/misleading claims in Section 1, to eliminate the proposal's stated intent to ban the use of e-cigarettes where smoking is banned, and to approve Section's 2, 3, 4, 5, 6, 7, and 8 of the proposed law.
Since 1990, Smokefree Pennsylvania has advocated public policies to protect people from tobacco smoke pollution, reduce tobacco marketing to youth, increase cigarette tax rates, preserve civil justice remedies for injured smokers, increase funding for smoking prevention and cessation programs, and inform smokers that smokefree tobacco/nicotine products are far less hazardous alternatives to cigarettes. For disclosure, neither Smokefree Pennsylvania or I have ever received any funding from tobacco, drug or e-cigarette companies or their trade associations.
Sincerely,
William T. Godshall, MPH
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh PA 15218
412-351-5880
smokefree@compuserve.com