Oregon HB3588 - "Candy Ban" Scheduled for committee hearing 4/20

[Thulium]

Oregon HB 3588 would ban the sale of “Candy Nicotine Products" has gathered several sponsors (CANNON, TOMEI; GELSER, KOTEK) and has been scheduled for committee hearing this Wednesday, April 20.

76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .

LC 3882

House Bill 3588

Sponsored by Representatives CANNON, TOMEI; Representatives
GELSER, KOTEK


SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

Prohibits sale of certain flavored smokeless tobacco products
that resemble or are marketed as candy.
Punishes violation by fine of at least $100 and not more than
$720.

A BILL FOR AN ACT
Relating to smokeless tobacco products.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person may not sell or distribute a
smokeless tobacco product that:
(a) Is flavored;
(b) Is designed to dissolve in the mouth of the user; and
(c) Resembles or is marketed as a candy product.
(2) Violation of this section is a Class A violation and the
court shall impose a fine of not less than $100. + }
SECTION 2. { + Section 1 of this 2011 Act applies to sales and
distributions of smokeless tobacco products on or after the
effective date of this 2011 Act. + }
----------

I called Rep. Tomei’s office this morning and briefly explained to her assistant that although we normally would let tobacco companies fight their own battles, we are concerned that this bill might deprive some smokers the opportunity to choose smoke-free alternative tobacco products. I explained that I would be available to give expert testimony at the hearing and asked if I could speak with Rep. Tomei before the hearing to prepare myself for any questions they may have. She took down my contact information and said that she would be in touch.

 

[Thulium]

Although nerves nearly got the best of me, yesterday went much better and easier than King County. I was there early which gave me an excellent opportunity to speak to the committee assistant Matt Davis who told me that House was about to begin working on bills from the Senate (and vice versa) and so HB 3588 would not be voted on in this session, but they wanted to “begin the discussion”. Matt was a bit taken aback when I told him that we opposed the bill but he said that he was against it personally and admitted to occasionally using an e-cigarette himself!

Other than a representative from Big Tobacco and 7-11 who chimed in about how this ban would negatively impact local store owners, I was the only testimony in opposition to the bill, but I got a lot of positive feedback from the Committee. I’m not sure that Co-Chair Tomei was really convinced that harm reduction potential of these products was enough to change her preconceived notions about “candy”, but the entire Committee seemed impressed by my testimony—even the Tobacco Rep said that he learned a few things! I don’t know if I changed any minds, but I do know that I gave them a lot to think about as they did ask several questions, and I wished that I’d had more scientific data with me regarding smokeless and dissolvables because the proponents were tossing out data and assumptions about “gateway effects” that are unfounded but mostly went unchallenged.

So the GOOD news is that it looks like none of the Oregon legislation relating to SFA’s is likely to come to a vote in this session. Unfortunately, the BAD news is that the issues could theoretically get snuck in under the deadline, but I don’t think it is a priority—the committee was already complaining that they were being forced to pass a modification to TANF to the Senate that they hadn’t been given any time to amend or give a recommendation.

Next time, I am *DEFINITELY* going to bring a pack of Nicorette Minis and some white Tic Tacs to compare. This committee was still convinced that Orbs look like candy--even though nobody could get the package opened!

-Thad

 

[Thulium]

Here's the written testimony I submitted:

My name is Thad Marney and I am one of the founding board members of the Consumer Advocates for Smoke-free Alternatives Association. CASAA is a non-profit organization that works to ensure the availability of reduced harm alternatives to smoking and to provide the public with truthful information about such alternatives. I am an unpaid representative and I have NO vested interests in any tobacco, pharmaceutical, or related industries.

Raised in a traditional Christian home, I first tried a cigarette when I was about 18 years old in rebellion against a friend who would not keep her promise to stop smoking. It wasn’t until several years later when I got my first job as a Technical Support Analyst that the occasional cigarette with a coworker grew into an expensive habit that I immediately wanted to quit. I tried to quit cold turkey, and then I tried using a nicotine patch, gum, lozenge, and even hypnotherapy. Each time I would have some success, but eventually life’s stressors or my own stubborn ADHD brain would bring me back to cigarettes over the next 15 years until I discovered an invention called “electronic cigarettes…”

I was immediately fascinated by the gadgets when I first saw them in Clackamas Town Center shopping mall, and threw several hundred dollars for “starter kits” for myself and some friends. Unfortunately, some of the parts were lost within a few days so it mostly sat on a shelf for about a year until one day my (then 7-year old) daughter objected as I was stepping outside for a cigarette, and said “Daddy, isn’t that ‘pretend cigarette’ better for you? You should use that instead.” Inspired by her pure intentions and desire to keep her daddy alive and healthy, I began researching electronic cigarettes and tobacco harm reduction. Within a few days after finding a better model and trying some different flavors and strengths, I found that I could customize “vaping” into an experience that I enjoyed as much if not more than smoking. I wasn’t planning or expecting to quit smoking but was happy to drop to just one or fewer cigarettes a day, but eventually my senses of taste and smell improved and I lost interest in smoking. One day it occurred to me that I couldn’t remember when I’d last had or wanted a cigarette. I stopped smoking the same way I started: As an unintended consequence of spending time with techies! In order to have a calendar date to point to, I intentionally smoked one cigarette on New Years’ Eve, Dec 31, 2009 and I haven’t had a cigarette since.

As a consequence of my research into electronic cigarettes, I came to know many other long-term smokers who had been unable or unwilling to stop smoking but had managed to replace most or all of their smoked cigarettes with smoke-free alternatives. Having personally experienced the benefits of switching, we formed CASAA as a grassroots effort to ensure that smokers who have been unable or unwilling to stop smoking completely will have access to alternatives that can drastically reduce or eliminate the harms of smoking.

For many smokers, nicotine alone as found in e-cigarettes or pharmaceutical cessation products leaves them feeling like there is “something missing.” For these people, reduced nitrosamine tobacco products like Swedish-style snus or dissolvable tobacco products can be a more satisfying alternative. I sampled the Camel dissolvable Orbs, Sticks, and Strips during their test marketing in Portland and found that I appreciated the dissolvable Strips enough to keep a pack available for the rare occasion that I started to crave a “real” cigarette and/or did not have an e-cigarette available.

The majority of nicotine overdoses occur from the use of Nicotine patches that continue to deliver nicotine after the craving has been satisfied or from babies swallowing cigarette butts. Although FDA Approved products like Nicorette Minis bear a stronger resemblance to “candy”, are available in fruit and mint flavors, and are not illegal to sell to children--they are notably not included in HB 3588.

Please vote "no" on proposed bill HB 3588 as it would create penalties for the sale of certain smoke-free alternative tobacco products to adult consumers in Oregon. Research shows that over 99% of the diseases and deaths associated with tobacco use are caused by smoking the tobacco. The most hazardous levels of carcinogens and toxins are carried in the smoke itself. Because smokeless tobacco products do not expose the user to smoke, experts believe they carry little to no significant health risks. Smokers who cannot or will not quit using tobacco should be encouraged to switch to a smokeless alternative, which would greatly decrease their health risks. To encourage adult smokers to use reduced-risk tobacco products, the products should be made as accessible and affordable as cigarettes. This bill would leave the most hazardous tobacco products, cigarettes, available in most retail outlets while severely restricting the availability of reduced-risk products. Claims that smokeless, dissolvable tobacco products are marketed to attract children using "candy flavors" are irrational. Adult nicotine products, such as Nicorette gum and lozenges, are readily available in such flavors as "Fruit Chill," "Cinnamon Surge," "Fresh Mint," "Cappuccino," "Cherry" and "Orange." It is obvious that these flavors are expected to and do appeal to adult smokers and are not targeting children. If the products are unpalatable, smokers will have little incentive to switch. Smokeless, dissolvable tobacco products should be sold and displayed in the same manner as any other tobacco or nicotine product. Sale to minors should be prohibited and products should be kept out of reach of children.

Bill Godshall, President of Smoke-free Pennsylvania asked me to raise the following issues with HB 3588:
1. Noncombustible tobacco products are 99% less hazardous than cigarettes.
2. Switching to smokeless tobacco reduces a smoker's health risks nearly as much as quitting all tobacco/nicotine.
3. Several million smokers in the US have already quit smoking by switching to smokeless tobacco products.
4. Many/most flavored smokeless tobacco products are marketed to adult smokers as alternatives to cigarettes.
5. No evidence has been presented indicating that tobacco products are being target marketed to youth.
6. The 1998 Master Settlement Agreement prohibits manufacturers from target marketing tobacco products to youth, so any violations should be reported to the State Attorney General for remedial adjudication.
7. Oregon (and all other states) already prohibits tobacco sales to minors under 18, so any violations should be reported to the State or Local Health Departments for enforcement.
8. Virtually all retailers that allow youth in stores keep tobacco products behind the counter or in locked storage containers requiring retailer clerk assistance (i.e. no self serve).
9. Tobacco products should never be called "candy", and the only people who have been calling them "candy" are those who oppose adult smokers reducing their health risks by switching to these far less hazardous smokeless products.
10. There is no evidence that flavorings encourage youth to begin using tobacco, as Marlboro Red and Marlboro Gold cigarettes (neither of which are flavored) are the tobacco brands used most often by youth.

Thank you again for your time and attention. Banning smoke-free alternatives like this will not encourage anyone to stop smoking, so if this committee intends to protect the health of Oregonians, CASAA strongly urges you to vote “no” on HB 3588. Instead, this committee is encouraged to pass legislation to include smoke-free alternative tobacco products like electronic cigarettes in existing Oregon legislation to prohibit underage sales.

Thank you once again for your time and consideration.
Thad Marney
Woodburn, OR

 

[Zal42]

Excellent work! This Oregonian appreciates your efforts, thank you!

 

[DJ Metaphor]

Excellent work! This Oregonian appreciates your efforts, thank you!

+1 from PDX

 

[mwa102464]

Excellent job Thad very well done !!!

 

[Wolfstar]

Very nicely written, well thought out message to send to the PTB's. Thank you very kindly for your excellent representation of my (and many, many others I'm sure...) exact feelings. These do have much more important business to attend to, and it would be nice if they would work on how to keep public services going for the elderly, disabled, etc. and less about whatever it is they are worrying about with HB3588.

Thank you Thad!

 

[DurablePita]

cheers from clackamas

 

[ZeldaKitty]

Thank you, Thulium, for speaking so eloquently on behalf of all of us! I find it tedious when our governmental representatives jump on the "we must protect the children" bandwagon without bothering to actually examine the issue or use any critical thinking skills . . . grrrrrrrrr.

Your time and efforts are very much appreciated!

 

[DrmChld]

Good work... from a fellow Southern Oregonian(I prefer Oregonite...lol) This bill did but some scare into us as we were in the process of starting our own store here.

Weird thing caught my eye the other day while shopping with my wife at TJ Max. Cocktail flavored JellyBelly's (Mojito, margarita, cosmo, etc) So now Candy companies are marketting alcohol to minor by making these flavors.

 

[Thulium]

Good work... from a fellow Southern Oregonian(I prefer Oregonite...lol) This bill did but some scare into us as we were in the process of starting our own store here.

Weird thing caught my eye the other day while shopping with my wife at TJ Max. Cocktail flavored JellyBelly's (Mojito, margarita, cosmo, etc) So now Candy companies are marketting alcohol to minor by making these flavors.

Shush!! Those are the best flavors of Jelly Belly!

Are e-liquids available in flavors made popular by Harry Potter/Bertie Bott/Jelly Belly like "Ear Wax", "Bogey", and "Dirt" marketing to children or is it just adults who enjoy things that taste gross?