NY state bill banning ecigs

[SusanB]

I sent emails to the NY state legislature, and received two personal responses. One was a thanks you for your concern, but I found the second, from Joel Miller, 102 district, hopeful. He said that the legislation does not currently have a Senate sponsor and that it was referred to codes on 2/23/10. He also said "Should this bill come to the floor of the Assembly for a full vote I will be voting against it."

Mr Miller was also my sole responder to all my emails (i sent to every assemblyman and senator) He also sent me the same answer. I have attached his email below....so it appears as if we have at least one assemblyman with a brain.

March 22, 2010



This is in response to your email regarding Assembly Bill A9529 which prohibits the sale of electronic cigarettes to minors; prohibits distribution or sale of any item containing or delivering nicotine that is not defined by law as a tobacco product or approved by the United States food and drug administration for sale as a tobacco use cessation or harm reduction product.

This piece of legislation does not currently have a Senate sponsor. It was reffered to codes on 2/23/10. Should this bill come to the floor of the Assembly for a full vote I will be voting against it.

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@assembmly.state.ny.us.

Thank you again for writing.

Sincerely,


Joel M. Miller
Member of Assembly
102nd Assembly District

 

[Our House]

Ditto. Joel Miller was my only respondent. I got the same email.

 

[yanks21]

Cerment: Chuck Schumer is a US Senator

This bill is in the New York Congress/Senate.

 

[Cerement]

Cerment: Chuck Schumer is a US Senator

This bill is in the New York Congress/Senate.

Schumer seems to interact with businesses and other political venues quite often. One example is trying to revitalize niagara falls new york. He called the owner to speak with them and have a meeting. He involves himself in a lot of public interests, so I sent him an email.

When I originally read the article at some ungodly hour in the morning I also thought it was Senator Rosenthal. Doh!

 

[r8ross]

I also received the same response from Joel Miller.

Does anyone know exactly what this means:


This piece of legislation does not currently have a Senate sponsor. It was reffered to codes on 2/23/10. Should this bill come to the floor of the Assembly for a full vote I will be voting against it.

So it has to have a Senator sponsor? What does it mean to be sent to codes?

 

[Glo82]

In terms of them trying to ban them, why can't hey just tax them like analog cigs??? I mean aren't sin taxes a real money maker. Plus they'd save money if ecigs became popular, due to the reduction of health problems caused by analog cigs. If they save money, then the legislators can go on more tropical vacations and buy more multi-million dollar mansions!

I hope they are not reading this! LOL!

 

[JerryRM]

I don't want to see $8.00 in "sin" taxes added to a KR808D-1 cartomizer. I started vaping, to cut down on my smoking, because RI has the highest state cigarette tax in the country. If they put the same tax on e-cigs, that would be the same as a ban, as far as I am concerned.

 

[snottyragsdale]

Do you think it would do any good for many of the ecig companies/
distributors to add their two cents in there? Perhaps even going further to help make more people aware of what ecigs are really all about? How about stories and testimonials in the paper?

 

[karmatized]

i dont think the e cigs are the taxable thing i believe its the liquid.

 

[TheBoogieman]

http://www.lungusa.org/associations/states/new-york/publicpolicy/assets/memo9529.pdf

Public Policy - American Lung Association

Above links from: American Lung Association
Homepage - American Lung Association

Looks like they had a hand in the IL. ban too
Phony cigarettes are a real threat, say Illinois health advocates | Political Fix | STLtoday

>>I saw my first electronic cigarette earlier today at the Statehouse, when I ran into American Lung Association lobbyist Kathy Drea, who was a key player in getting the state implement its 2008 indoor smoking ban. When I asked her what she was up to this session, she whipped out one of these e-cigs.<<

TheBoogieman

 

[r8ross]

I received this today:
Dear Mr. Walker:

Thank you for contacting me with your concern. Recent advertisements have touted "e-cigarettes" as a healthier alternative to traditional tobacco consumption and as a tobacco cessation product. Advertisements for these products omit any mention of FDA testing that found users inhale carcinogens and toxic chemicals such as diethylene glycol, an ingredient found in antifreeze. Given the unregulated nature of this product, there is no way of knowing the amount of nicotine in each cigarette, the amount that is delivered with each inhalation, or the contents of the vapor created in the process.

"E-cigarettes" are often marketed and sold to young people and are readily available online and in shopping malls. They are produced in different flavors, such as chocolate and mint, in order to increase their appeal to all segments of the population. These products also lack any health warnings comparable to FDA-approved nicotine replacement products or conventional cigarettes. These devices are often made overseas in countries with less stringent standards for product quality than exist in the United States.

For this reason, I support A09529.

Fell free to contact me with any other concerns in the future.

Sincerely,

Michael G. Miller

He just repeated the JUSTIFICATION back to me. Obviously didn't read anything I wrote.

 

[PlanetScribbles]

I received this today:
Dear Mr. Walker:

Thank you for contacting me with your concern. Recent advertisements have touted "e-cigarettes" as a healthier alternative to traditional tobacco consumption and as a tobacco cessation product. Advertisements for these products omit any mention of FDA testing that found users inhale carcinogens and toxic chemicals such as diethylene glycol, an ingredient found in antifreeze. Given the unregulated nature of this product, there is no way of knowing the amount of nicotine in each cigarette, the amount that is delivered with each inhalation, or the contents of the vapor created in the process.

"E-cigarettes" are often marketed and sold to young people and are readily available online and in shopping malls. They are produced in different flavors, such as chocolate and mint, in order to increase their appeal to all segments of the population. These products also lack any health warnings comparable to FDA-approved nicotine replacement products or conventional cigarettes. These devices are often made overseas in countries with less stringent standards for product quality than exist in the United States.

For this reason, I support A09529.

Fell free to contact me with any other concerns in the future.

Sincerely,

Michael G. Miller

He just repeated the JUSTIFICATION back to me. Obviously didn't read anything I wrote.

Another ignorant wuss that is supposedly looking out for your best interests by completely ignoring the science.
Another Democrat incumbent to vote out at the earliest opportunity. By all accounts, his election was dubious at best.

 

[(So) Jersey Girl]

I received this today:
Dear Mr. Walker:

Thank you for contacting me with your concern. Recent advertisements have touted "e-cigarettes" as a healthier alternative to traditional tobacco consumption and as a tobacco cessation product. Advertisements for these products omit any mention of FDA testing that found users inhale carcinogens and toxic chemicals such as diethylene glycol, an ingredient found in antifreeze. Given the unregulated nature of this product, there is no way of knowing the amount of nicotine in each cigarette, the amount that is delivered with each inhalation, or the contents of the vapor created in the process.

"E-cigarettes" are often marketed and sold to young people and are readily available online and in shopping malls. They are produced in different flavors, such as chocolate and mint, in order to increase their appeal to all segments of the population. These products also lack any health warnings comparable to FDA-approved nicotine replacement products or conventional cigarettes. These devices are often made overseas in countries with less stringent standards for product quality than exist in the United States.

For this reason, I support A09529.

Fell free to contact me with any other concerns in the future.

Sincerely,

Michael G. Miller

He just repeated the JUSTIFICATION back to me. Obviously didn't read anything I wrote.

Write him back and thank him for totally ignoring everything you said. It's obvious he is just parroting the anti-smoking nazi propaganda.

 

[rothenbj]

The FDA is certainly getting mileage out of the rhetoric they spewed last year. I see little hope for stopping any of this legislation once it gets started. Hopefully the court will become our friend. If not, stock up and be prepared to vape non-nic liquid and fight them in court. The hardware is going to be a difficult thing to stop as long as you can get attys.

My chuck doesn't look at all like a cigarette and I call it a portable theater smoke device. No state has banned them yet.

 

[r8ross]

My response:
Dear Mr. Miller:

I would like to thank you for repeating the justification for this bill to me. I have read it. Obviously you did not read my concerns and have not done any research into this issue except for what the bill states and what the FDA has written on it. Please take another look. There is a wealth of information available on the internet. A good place to start would be www dot casaa dot org

Thank You,
Ross Walker

 

[karmatized]

This is why i have said time and time again E-Mail Does not work. You need to write real letters and make real phone calls. They don't listen to anything unless it disrupts normal operations. Phone calls tie up lines. Paper has trails. Email get form letter responses with no real work. Even writing you back cost the office money. Anything you can do to throw a wrench into the system will be looked at.

 

[SusanB]

i received the same response from Miller...so i'm in the middle of writing him pointing out all of his gross misunderstandings....basically calling him ignorant on the matter and ask he not vote on subjects he clearly has not researched.

but i did get a great response from Mr Ball saying he will vote no as the bill is currently written because it concerns new opportunities to quit smoking.

I asked that he talk sense into the rest of them...he joking responded he has been trying for 4 years.

 

[Vocalek]

Assemblymember Miller:

As a conscientious legislator, I'm sure that you want to gather all the facts and have them verified before you make up your mind about how to vote on any proposed legislation. I suggest that you go back to the organization that supplied you with your information in support of A9529, ask the following questions, and specify that sources must be supplied for those responses:

1. What quantity of carcinogens did the FDA find in the electronic cigarette cartridges it studied?
2. Has any laboratory quantified the amount of Tobaco Specific Nitrosamines (TSNAs) contained in an e-cigarette cartridge?
3. How does the quantity of TSNAs in a 16 mg. e-cigarette cartridge compare to the quantity delivered in a daily dose of cigarette smoke?
4. What percentage of e-cigarettes are being purchased and used by children under the age of 18?
5. What is the age break-down, by percentages, of consumers of e-cigarettes?
6. What is the success rate for e-cigarettes, in terms of replacing tobacco cigarettes?
7. On a Federal Level, what is the legal status of e-cigarettes?

Here are the answers that I have gathered and links to the sources.

1. The FDA toxicology report lacked a quantitative analysis, making it scientifically unsound. http://www.washingtontimes.com/news/2009/aug/06/fda-smoke-screen-on-e-cigarettes /
2. Yes. The Health New Zealand study on page 7 states "Tobacco-specific nitrosamines (TSNAs) were found, equal to 8 ng, in the 1g of liquid of the 16 mg cartridge. This amount is extremely small, equal for example, to the amount reported to be present in a nicotine medicinal patch. (8 ng in 1g = eight parts per trillion)." http://www.healthnz.co.nz/RuyanCartridgeReport30-Oct-08.pdf
Numerous additional laboratory tests have not found dangerous levels of any toxic substances in e-liquids. http://www.casaa.org/resources/lab.asp
3. Tobacco smoke contains between 5,500 and 11,000 ng/g of TSNAs -- over a thousand times higher than an e-cigarette. Source: "Tobacco-specific Nitrosamines in New Tobacco Products," Nicotine & Tobacco Research Volume 8, Number 2 (April 2006) 309–313 http://www.informaworld.com/smpp/content~db=all~content=a745961197
4. The Reason Foundation says, "I do not want to say categorically that no kid in America has ever decided to experiment with nicotine by shelling out $80 for an e-cigarette starter kit and $20 for each ten-pack of cartridges instead of buying a pack of cigarettes for $4.50. But I suspect that sort of thing does not happen very often." http://www.opposingviews.com/i/new-logic-for-banning-e-cigarettes-protect-the-kids
5. None of the University of Alberta survey respondents were under the age of 18. Over 50% were between the ages of 31 and 50, and a third were older than 50 years. http://www.tobaccoharmreduction.org/wpapers/011v1.pdf
6. The University of Alberta survey (see #5) found that 79% of users have completely replaced their tobacco cigarettes with e-cigarettes. In an ongoing poll with 1,587 respondents, 82.55% indicated that they have substituted e-cigarettes for all of their tobacco cigarettes. http://www.e-cigarette-forum.com/forum/polls/6470-e-cig-success-rate.html
7. Federal Court Judge Richard Leon has ruled that the FDA cannot regulate e-cigarettes under FDCA. He has stated that the products fall within the plain meaning of "modified risk tobacco product”. Judge Leon also noted that FDA failed to provide any evidence that the products have harmed anyone. http://www.casaa.org/files/SE-vs-FDA-Opinion.pdf

I would be extremely interested in seeing the American Lung Association's responses to the above questions. Would you please share them with me once you receive them?

 

[Thulium]

Assemblymember Miller:

As a conscientious legislator, I'm sure that you want to gather all the facts and have them verified before you make up your mind about how to vote on any proposed legislation. I suggest that you go back to the organization that supplied you with your information in support of A9529, ask the following questions, and specify that sources must be supplied for those responses:

1. What quantity of carcinogens did the FDA find in the electronic cigarette cartridges it studied?
2. Has any laboratory quantified the amount of Tobaco Specific Nitrosamines (TSNAs) contained in an e-cigarette cartridge?
3. How does the quantity of TSNAs in a 16 mg. e-cigarette cartridge compare to the quantity delivered in a daily dose of cigarette smoke?
4. What percentage of e-cigarettes are being purchased and used by children under the age of 18?
5. What is the age break-down, by percentages, of consumers of e-cigarettes?
6. What is the success rate for e-cigarettes, in terms of replacing tobacco cigarettes?
7. On a Federal Level, what is the legal status of e-cigarettes?

Here are the answers that I have gathered and links to the sources.

1. The FDA toxicology report lacked a quantitative analysis, making it scientifically unsound. http://www.washingtontimes.com/news/2009/aug/06/fda-smoke-screen-on-e-cigarettes /
2. Yes. The Health New Zealand study on page 7 states "Tobacco-specific nitrosamines (TSNAs) were found, equal to 8 ng, in the 1g of liquid of the 16 mg cartridge. This amount is extremely small, equal for example, to the amount reported to be present in a nicotine medicinal patch. (8 ng in 1g = eight parts per trillion)." http://www.healthnz.co.nz/RuyanCartridgeReport30-Oct-08.pdf
Numerous additional laboratory tests have not found dangerous levels of any toxic substances in e-liquids. http://www.casaa.org/resources/lab.asp
3. Tobacco smoke contains between 5,500 and 11,000 ng/g of TSNAs -- over a thousand times higher than an e-cigarette. Source: "Tobacco-specific Nitrosamines in New Tobacco Products," Nicotine & Tobacco Research Volume 8, Number 2 (April 2006) 309–313 http://www.informaworld.com/smpp/content~db=all~content=a745961197
4. The Reason Foundation says, "I do not want to say categorically that no kid in America has ever decided to experiment with nicotine by shelling out $80 for an e-cigarette starter kit and $20 for each ten-pack of cartridges instead of buying a pack of cigarettes for $4.50. But I suspect that sort of thing does not happen very often." http://www.opposingviews.com/i/new-logic-for-banning-e-cigarettes-protect-the-kids
5. None of the University of Alberta survey respondents were under the age of 18. Over 50% were between the ages of 31 and 50, and a third were older than 50 years. http://www.tobaccoharmreduction.org/wpapers/011v1.pdf
6. The University of Alberta survey (see #5) found that 79% of users have completely replaced their tobacco cigarettes with e-cigarettes. In an ongoing poll with 1,587 respondents, 82.55% indicated that they have substituted e-cigarettes for all of their tobacco cigarettes. http://www.e-cigarette-forum.com/forum/polls/6470-e-cig-success-rate.html
7. Federal Court Judge Richard Leon has ruled that the FDA cannot regulate e-cigarettes under FDCA. He has stated that the products fall within the plain meaning of "modified risk tobacco product”. Judge Leon also noted that FDA failed to provide any evidence that the products have harmed anyone. http://www.casaa.org/files/SE-vs-FDA-Opinion.pdf

I would be extremely interested in seeing the American Lung Association's responses to the above questions. Would you please share them with me once you receive them?

Excellent questions, Elaine! In the spirit of questions 1 & 2, perhaps you should also ask if the detected levels of TSNA's or other impurities in the actual vapor were above or below the FDA's safety standards. (A: DEG & TSNA's were not detected in the vapor.)

 

[Darkvapor]

Guess New York would rather their residents smoke cigarettes.

Wow.

Of course they want us to smoke! the state is getting more than a 1.00 a pack tax revenue! its all about the dollar to them. Currently the state has a major deficit. and they do not want anyone to quit smoking. If i am not mistaken they are actually planning an even higher increase in the tax on tobacco.

NY sucks!