New York City Council AGAIN proposes banning e-cigarette flavors, requiring tobacco licensing, raising age from 18 to 21

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Placebo Effect

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CASAA: Call to Action! New York City Ordinances Would BAN Flavored E-Cigarettes And More -- Int 1020 & Int 1021 (UPDATED -- Action Needed!)

New York City council members previously led vapers to believe that they did not intend to ban flavored e-cigarettes.

It turns out they were being far from truthful. A newly revised version of the ordinance not only bans e-cigarette flavors, but also declares e-cigarettes to be a "tobacco product," requires tobacco licensing, AND falsely claims that e-cigarettes are designed to deter smokers from quitting.

Immediate action is needed to stop these ordinances!
 

Placebo Effect

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Section 907 FSPATC Clearly state the guidelines for flavor. Once again since the court ruling in 2010 and even more clarification in 2011 that adds ecigs to the definition of "tobacco product".

No leg to stand on!

Incorrect. The FSPTCA banned flavored cigarettes. The FDA has the authority to ban flavors in tobacco products, but must show that doing so would benefit public health.
 

Freckle

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Incorrect. The FSPTCA banned flavored cigarettes. The FDA has the authority to ban flavors in tobacco products, but must show that doing so would benefit public health.

My thinking here would be since the added definition of "tobacco product" after the original guidelines would that also not effect any tobacco product including ecigs, since now ecigs have been written into law to be considered tobacco product?
 

Placebo Effect

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My thinking here would be since the added definition of "tobacco product" after the original guidelines would that also not effect any tobacco product including ecigs, since now ecigs have been written into law to be considered tobacco product?

On the federal level, no. Current federal law only bans flavored "cigarettes," not "tobacco products."

At the NYC level, yes, defining e-cigarettes to be a "tobacco product" instantly bans the sale of flavored e-cigarettes.
 
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Freckle

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On the federal level, no. Current federal law only bans flavored "cigarettes," not "tobacco products."

At the NYC level, yes, defining e-cigarettes to be a "tobacco product" instantly bans the sale of flavored e-cigarettes.

From what I gather, ecigs are classified as a "tobacco product" on a federal level also. The definition of "tobacco product" on the federal level was revised after the Sottera, Inc. v. FDA, 627 F.3d 891 (D.C. Cir. 2010) case. Then in 2011, they went ahead and put the wording "ecig" into the law. Though there is a loophole. Any product manufactured before febuary 15 2007, would NOT fall under the FDAs jurisdiction. It would then be grandfathered in.

Regulation of E-Cigarettes and Other Tobacco Products

 

ClippinWings

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From what I gather, ecigs are classified as a "tobacco product" on a federal level also. The definition of "tobacco product" on the federal level was revised after the Sottera, Inc. v. FDA, 627 F.3d 891 (D.C. Cir. 2010) case. Then in 2011, they went ahead and put the wording "ecig" into the law. Though there is a loophole. Any product manufactured before febuary 15 2007, would NOT fall under the FDAs jurisdiction. It would then be grandfathered in.

Regulation of E-Cigarettes and Other Tobacco Products


No they are NOT

The FDA, in the document you link to states that they INTEND to PROPOSE deeming eCigarettes as Tobacco Proiducts under the FSPTCA...

They have yet to do so.

When they do, there will then be a public comment period and other legal hurdles.... But we will all be aware it is happening and we will have to be ready to fight...

Telling people the fight is already over is counter-productive and I'd appreciate it if you stopped.
 
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Placebo Effect

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Gothamist exposes this ban attempt -- http://gothamist.com/2013/08/09/e-cig_ban_nyc_illegal.php

Gregory Conley, an attorney and legislative director for The Consumer Advocates for Smoke-Free Alternatives Association, the organization that leaked the draft, said he was surprised at the proposed bill's language given the tenor of the meeting in May.

"Approximately 20 e-cigarette users spoke before the Health Committee and it was strongly implied by the Council members that the ordinances would be amended to protect consumer access to low-risk alternatives," Conley said.

"It appears that the Bloomberg administration is banking on the City Council rubber stamping their new ordinances, the passage of which would constitute a backdoor, unannounced ban on the sale of flavored e-cigarettes and e-cigarette liquid in New York City."

Dr. Siegel adds, "I have no problems with this ordinance as a whole—raising the age, banning advertising. But [electronic-cigarettes] are a product that's literally saving people's lives, people who are literally at risk of disease and death, and giving them an alternative.

"What are these people gonna do?"
 

Placebo Effect

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I have a question, does this include cigar and pipe tobacco too?

I'm still not sure what the deal is with flavored cigars and pipe tobacco in NYC. I've been told by one or two people that these products are widely available in NYC. However, I haven't heard the same thing about flavored smokeless tobacco, and of course Altria and other tobacco companies filed a lawsuit over that very issue, so I can say with pretty great confidence that the ban is being enforced on smokeless.
 

Nacon

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I created a document to help fight the NYC ecig ban.

It contains audio clips of the NYC politicians lying to the vapers who testified.

Please share with the members of the NYC Health Committee as well as local media.

NYC Ecig Ban

I'm sending it around. This is awesome how it's documented. I have a feeling this won't pull through, at least completely. Between this, health concerns, and Big Tobacco partially willing to protect a possible asset (weird Trifecta), taking even the flavors out of new stores will be an issue. Sounds like they might have to update some laws first.
 

jrentor

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I have a question, does this include cigar and pipe tobacco too?

No it is not banned yet surprisingly. I think there were rumors about it but then dropped it for now, just about the time bloomberg went after trying to ban large sugary drinks.


Currently the FDA does not regulate cigar and pipe products, but they are proposing laws right now to try it, and the CRA (cigar rights lobby has been fighting ever since)

Hopefully it never happens since I enjoy my cigars as well as my ecigs

Back to ecig in NYC, if I recall he is in office until 2014, that is if he does not extend the term limits again.
 

alexrho

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Guys FDA is an Organisation that already has prooved that the only thing they care is $$$$$.

Ecigs from the start doesn't has a proven death but they want to ban it.
So many medicines that has been approved by FDA cause serious damages even death.
So the << road is one way>> and that means that if they decide they ll ban it .

The difference now is that WE ARE a big community all over the world that is vaping.
This means power. A lot of politics they ll consider going against us for their carrier .
Remember the world I told you and you ll see them in the future.

Politics will be in our side..
 
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