New york sales ban next steps

[Maxwell_Edison]

It may be just an auto response, but I thought I'd post it here since I wrote to all the Assemblymen, and this is the only response I have received so far.

What I wrote in my second letter to Sen Brown was that the FDA should follow the federal court decision to only regulate the e-cig as a tobacco product. They are in violation of the federal court and should be held accountable for it. I also mentioned that I don't need the FDA to be my mother or Big Brother, I'm 56 and have the freedom to choose between real cigs and e-cigs. They might take that freedomm away from me, but in doing so they may also kill me if I go back to smoking.

Being less harmful than cigarettes is a no-brainer (and no brains is what politicians excell at). Give it the green light and let's be done with it. wth? they do love that power don't they?

 

[Turkish]

Hmm.. being tugged by an inherent obligation to citizens on the one hand and on the other hand being enticed by special interests in Gucci suits just waiting for you to get out of session. I don't know.. I mean, I know what I would do, but that means I wouldn't be in politics; I wouldn't survive long in politics with my vision of morality. It certainly wasn't necessary for me to get an MA in political theory to know that political survival and success in the USA follows the latter conjunct: being enticed and entering into agreements with special interests. Is that special? I don't think so. Is it entailed by survival in politics? Yes. Big business is certainly not going to come to "us" to ask if they can destroy the ecology, pollute the air, privatize drinking water, sell us more cigarettes, and, among other things of course, take away consumer goods that may benefit us (e.g. to rid ourselves of their products), but in the process of going to the elected leaders and constantly enticing/bribing, they have made that system completely dependent on.. drum roll, please.. them. Of course there are special interests of the good sort, though unfortunately I am not talking about that kind. This kind doesn't care about me or you; it cares about income streams and endurable asset allocation, future contracts and versatile options. What do I give the politician? One vote. What could they get from special interests that is worth more than that? The only time my vote was worth more than anything to them was prior to their election; after that, it plummeted exponentially. Eisenhower saw this coming.. but Plato said it first.

 

[DC2]

The only time my vote was worth more than anything to them was prior to their election; after that, it plummeted exponentially. Eisenhower saw this coming.. but Plato said it first.

Very true, but the big question is whether or not anything can be done about it.
And really, that depends on the answer to the question of whether or not it is inevitable under any and every circumstance.

 

[Turkish]

I like what I saw in Cairo..

Can anything be done about it? Remove the special interest factor in political considerations; then the politician certainly has less to contend with negatively in his deliberations; i.e. in this way, negative aspects of persuasion from without would not motivate the politician to circumvent the general good. S/he can still want whatever their heart desires- I'm not saying make 'philosopher kings' like Plato did, which is to change a man- but simply put: remove special interests from political consideration. That's like saying remove business from government, or remove any inherent feature of any entity. Business, and big American business actually, is an inherent feature of American government; it is unavoidable and certainly not removable.

Of course, on your last note, I suppose a different set of circumstances would produce a different result, but many thinkers agree with that Machiavellian/Darwinian view of man both in general life and politics i.e. man is the same in this circumstance or the next.

Thank you, DC2. Excuse me though, that was a small rant; I have not had a regular cigarette in two days.

 

[DC2]

Remove the special interest factor in political considerations

That would definitely take something like what we saw in Cairo.

 

[Turkish]

Perhaps it would take something much more than that; the infestation is quite deep.

 

[cuseguy]

Getting somewhat OT here....

 

[Freeo]

My wife is not a practicing lawyer, but she did pass the bar, so take it with a grain of salt...

She says there can be no lawsuit unless someone were to show damages.
And then they would have to be able to prove that the damage was directly caused by smoking cigarettes.
And then they would have to be able to prove that electronic cigarette use would have prevented that damage.

And even then, they would argue that no one MADE you go back to smoking cigarettes.
So in the end, they would not be liable for any such damages.

But keep in mind my wife NEVER thinks anybody can be sued whenever I ask her about it.

Im sure there are plently of doctors who will say that everyday that someone smokes they are doing themselve damage so every day that someone does smoke if they go back to it would surely put a higher dollar value on their claim.

As far as i can see the only research available is showing the ecigs are much better and the ones claiming they are doing damage dont have any data to show how much they are doing and whatever data they do have they wont release because they would rather use scaremonger tactics.

I think if it did go to court if the research shows that cigarettes are up to 1000 time more dangerous then an electronic cigarette surely the opposition to that has to show that they are dangerous. So far i have not seen any evidence to back that up.

Im sure there are lawyers out their who could be found to fight the battle and although no one stopped people from going back to cigarettes it could be argued that the reason people went onto them in the first place was because there has been no other alternative treatment that has allowed them to stop smoking cigarettes.

Of course by the time all this that happens im sure the tobacco companies will be able to regulate the industry move in with products they control and push small business aside so they can gain control of an industry they cant afford to let disappear.

 

[jmpenza]

I have just wrote to my Congressman, I guess we will see if it is aknowledged.

 

[pigelty]

I'm a little confused.
I began re-suing the electronic cigarette (for full story, read one of my threads). I'm having success with it and no longer using or desiring traditional cigs.
Is NY in danger of another ban? Just seems there is always some potential ban whenever of come on here. Can someone please tell me in a nutshell if there is a ban, when we are expected to get results of the possible ban (the hearing), what is the reason WHY (this time) and what can I do to help stop it?
THanks.

 

[Placebo Effect]

I'm a little confused.
I began re-suing the electronic cigarette (for full story, read one of my threads). I'm having success with it and no longer using or desiring traditional cigs.
Is NY in danger of another ban? Just seems there is always some potential ban whenever of come on here. Can someone please tell me in a nutshell if there is a ban, when we are expected to get results of the possible ban (the hearing), what is the reason WHY (this time) and what can I do to help stop it?
THanks.

It's unlikely to happen, but there is still a need to be concerned.

New York State Board of Elections - Interactive Map

Who is your New York State Assemblyperson and Senator? You may be in a district that will be important to this fight.

 

[pigelty]

I don't know Placebo-having trouble with the link (dunno why). I live in Suffolk County, Long Island.

 

[Placebo Effect]

I don't know Placebo-having trouble with the link (dunno why). I live in Suffolk County, Long Island.

PM me your address. If you don't want me to have your actual address, pick an address a block or two away from you. A lot of times there are multiple representatives per city.

 

[Vocalek]

I'm a little confused.
I began re-suing the electronic cigarette (for full story, read one of my threads). I'm having success with it and no longer using or desiring traditional cigs.
Is NY in danger of another ban? Just seems there is always some potential ban whenever of come on here. Can someone please tell me in a nutshell if there is a ban, when we are expected to get results of the possible ban (the hearing), what is the reason WHY (this time) and what can I do to help stop it?
THanks.

Here is the history. Last year in the Assembly Linda Rosethal pushed through a bill that banned all sales in New York state. It passed the Assembly unanimously. The Senate never even considered it, so the bill died.

Linda Rosenthal re-introduced the bill during this legislative session. This time we learned about it early enough to protest. We contacted the members of the Health committee and managed to convert 4 of them. Not enough to kill the bill. It passed that committee and has been sent on to the Codes Committee. We have contacted them as well via letter.

If the Codes Committee passes it, it will go to the full Assembly for vote.

The next step would be that a companion bill would need to be passed in the Senate and then it would go to the Governor for signature.

 

[Vocalek]

To answer your other question, what New York residents can do is to find out who your Assembly representative is, and call his or her local office. See if you can set up a brief meeting to discuss a health issue.

If you can't meet in person, try to talk in person on the phone.

If they won't let you talk directly, then let the assistant you talk with know that that it is very important to you that the device that saved your life does not become illegal to purchase in the State of New York.

Tell your story -- how long you smoked, how many times, how many methods you used that didn't work for you. Explain why you believe that e-cigarettes do work for you. State that if House Bill A01468 comes to a full vote of the Assembly, you need for him to vote against the bill.

Follow up with a short letter that says essentially what you said on the phone. Don't forget to reiterate that he or she needs to vote against House Bill A01468 so that it does not become illegal for smokers to be able to purchase a product that could save their life.

On this page, you can track down your Assembly rep. If you don't know hir/her name, you can even type in your ZIP code and the computer will look it up for you. New York State Assembly - Member Section

 

[markmcs]

Thank You, Yvilla, for all the info you provided in your OP. You made it a snap to do my small part in preventing the NYS ban! I even received a couple of human responses to go along with all the "autoreplies"!

For those looking for their specific elected officials , I am posting this link...Elected Officials and Legislative Districts (Votesmart.org)...which will give you a complete rundown based on your exact address.

 

[CES]

I just received this email from assemblyman Joel Miller. I didn't pretend to be from New York when i emailed (my address was included in my email signature)...so was pleased to get a response at all. It's not clear what type of amendment he would support- but I like the fact that he's willing to vote against the bill and says so.

This is in response to your letter regarding Assembly Bill A1468. This bill seeks to ban the sale and distribution of items containing or delivering nicotine that are not currently classified as tobacco products or approved as tobacco use cessation or harm reduction products by the U.S. Food and Drug Administration and also to prevent minors from purchasing these products. Thank you for taking the time to write and advise me of your views and concerns.

I do not support this bill in its current form. I voted against it in Health Committee and unless amendments are made to it, I will be voting against it should it come to the floor of the Assembly for a full vote.

If either my staff or I can be of further assistance, please do not hesitate to contact us at 845-463-1635 or via email at millerj@assembly.state.ny.us.

Thank you again for writing.

Sincerely,


Joel M. Miller
Member of Assembly
102nd Assembly District

 

[nerofiend]

Well this is the response i got from one of them....


Thank you for reaching out to my office and making me aware of your support of the sale of electronic cigarettes in New York State. I find it extremely valuable to gain awareness of the issues facing my constituents and I genuinely appreciate the effort you took to express your concerns.

I voted in support of A1468, a bill which would prohibit the sale of electronic cigarettes, when it came before the Committee on Codes because of the risk in consuming non FDA-approved nicotine products.
Because e-cigarettes are unregulated, there is no way to know the amount of nicotine in each cigarette, the amount that is delivered with each inhalation, and the contents of the vapor. E-cigarettes also lack health warnings, whereas FDA-approved nicotine replacement products or conventional cigarettes always contain this information. Additionally, nicotine vaporizers and electronic cigarettes are often made overseas in countries with less rigorous product quality oversight than that in the United States.

Hopefully, the FDA can eventually approve electronic cigarettes so that they can be a standardized alternative to conventional cigarettes. If I have the chance to vote on the bill again, I will certainly consider your comments.

Thank you again for contacting me. I hope that you will continue to check on the state of Bill A1468 through the New York State Assembly website at New York State Assembly or visit my district office at
245 West 104th Street. I fully welcome hearing any further comments you have.

Very truly yours,

Daniel O’Donnell
Assembly Member


My suggestion is that MAYBE he do some research of his own instead of trusting an orginization that has proven assests to loose. I know it wont happen, they far to busy measuring how much cleaner the air is in NYC now that analogs are banned outside......

 

[Vocalek]

Dear Assemblymember O'Donnell:

Would you please explain your reasons for believing that it is safer to inhale smoke? It's true that tobacco cigarettes are made in the good old USA, but currently we have no way of telling how much nicotine is delivered by each cigarette, the amount delivered in each puff of smoke, and all of the other chemicals in the smoke. We do know that smoke delivers tar, carbon monoxide, and particulates (all of which are quite hazardous to health) and that these are absent from vapor. We do know that vapor has been tested for over 50 smoke toxicants and none were found. We also know from dozens of lab tests on various brands that there have been no hazardous emissions found in vapor.

If e-cigarettes are so much more dangerous than tobacco smoking, you would think that most folks who switched from smoke to vapor would be experiencing health problems. Instead, they are experiencing the reduction or elimination of wheezing, coughing, and shortness of breath and improvements in lung function tests, blood pressure, and stamina. Can you explain this?

 

[Vocalek]

P.S. I checked the status of the bill, and right now it shows:

A01468 Actions:
BILL NO A01468

01/10/2011 referred to health
01/25/2011 reported referred to codes

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A01468 Votes:
There are no votes for this bill in the current legislative session.


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If a vote has been taken in the Codes Committee, why is there no Action listed after 1/25/2011? Where is it now? What were the votes?