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Philadelphia City Council proposes adding electronic cigarettes to existing indoor smoking ban

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Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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I've signed up to testify at Philly's hearing, as have Joel Nitzkin, Gil Ross, Carl Phillips, Igor Burstyn, and I think Jeff Stier, so we'll have a good showing of public health and scientific experts who support vaping (and oppose vaping bans).

Still need more vapers and local vendors to testify against the vaping ban, but please don't vape during the hearing or in the lobby (as an e-cig opponent will testify that the vapor caused them to get a headache and get sick).

I've been trying to get the PA restaurant, tavern and hotel associations to oppose, and have been trying to get e-cig companies and trade associations to testify.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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My prepared testimony for tomorrow's hearing in Philly is below.
Folks are encouraged to cut and paste, or restate any of the points made in my testimony, in their testimonies, letters, op/eds, etc.


Testimony to the
Philadelphia City Council Public Health and Human Services Committee
Opposing Bills No 140095 & 140096

March 13, 2014

William T Godshall, MPH
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh, PA 15218
412-351-5880
BillGodshall@verizon.net


I’m Bill Godshall, founder and director of Smokefree Pennsylvania. Since 1990, we’ve advocated local, state and federal policies to ban smoking in workplaces, stop cigarette marketing to youth, increase cigarette tax rates, hold cigarette companies accountable in civil court, and help smokers quit.

During the past decade, we’ve been educating the public that cigarettes are 100 times more hazardous than all smokefree tobacco/nicotine alternatives, including smokeless tobacco, nicotine gums, lozenges, patches, inhalers, and e-cigarettes.

For disclosure, neither Smokefree Pennsylvania nor I have ever received any funding from any tobacco, drug or e-cig company.

Back in 2009, the Campaign for Tobacco Free Kids, American Cancer Society, American Heart Association and American Lung Association (which have received several hundred million dollars from Big Pharma) urged Obama appointees at FDA to ban e-cigs.

After FDA banned all e-cig imports, the agency revealed it’s unscientific, unethical and inhumane policy by telling reporters “We don't want the public to perceive them as a safer alternative to cigarettes," (Appendix 1).

After Customs Agents seized their shipments, two e-cig companies sued the FDA and Smokefree Pennsylvania filed a supportive amicus brief with the DC Court of Appeals, which unanimously upheld Judge Richard Leon’s ruling that FDA unlawfully banned e-cigs (Appendix 2).

Since our goal is to reduce the leading cause of disease and death, we urge this committee to reject Bill No 140095 because it bans the use of lifesaving e-cigs, threatens the lives of vapers, discourages smokers from quitting, deceitfully defines smokefree e-cigs as “Electronic Smoking Devices”, imposes a $300 fine on employers and managers for violations, cannot be enforced, requires posting of signs that falsely claim e-cigs are “smoking” devices, and because the bill is preempted by the PA Clean Indoor Air Act.

In sharp contrast to many false and misleading fear mongering claims made by DHHS, Big Pharma front groups, and other e-cig prohibitionists since 2009, the scientific and empirical evidence during the past five years has consistently found that e-cigarettes are 99% (+/-1%) less hazardous than cigarettes, have helped several million smokers quit or sharply reduce cigarette consumption, and are consumed almost exclusively (i.e. 99%) by cigarette smokers and by exsmokers who switched.

Since e-cigs are smokefree, public health benefits every time a smoker uses an e-cig instead of smoking. E-cigs have already replaced about 1 Billion packs of cigarettes in the US, and last year US cigarette consumption plummeted by 4.6% as e-cig sales skyrocketed.

E-cigs are proving more effective for smoking cessation than FDA approved gums, lozenges, patches and inhalers, which have a 95% failure rate. And e-cigs pose fewer risks than FDA approved Chantix, as Pfizer is facing hundreds of lawsuits for causing depression, suicidal thoughts and suicides.

E-cigs pose no risks to nonusers. Hundreds of common workplace and household products and activities emit far greater levels of indoor air pollution than an e-cig (including furniture, carpet, paint, printers, copiers, cooking, cleaning products, dry cleaned clothes, hair spray, perfume, nail polish, and even a cup of coffee), but we don’t ban any of those things.

Meanwhile, e-cigs have never been found to create daily dependence in any nonsmoker (youth or adult), and have never been found to precede cigarette use by any daily smoker.

Although a CDC survey found that e-cig use doubled among teens from 2011 to 2012, smokers accounted for the overwhelming majority. Among high school students, 7.6% of smokers and .4% of nonsmokers reported “past 30 day” e-cig use in 2011, increasing to 15.7% of smokers and .7% of nonsmokers in 2012.

Since CDC’s survey (and all others) found that teen smokers are at least 20 times more likely than nonsmokers to report use of an e-cig, and found that teen smoking has declined every year since e-cigs have been marketed, e-cigs are a gateway away from (not towards) cigarette smoking for teens, just as they are for adults.

Regardless, just as we don’t ban adults from consuming alcohol, smokeless tobacco, coffee or candy because some teens consume those products, it’s absurd to ban e-cig use by adults for that reason.

E-cigs benefit many employers and managements since workers don’t waste company time on smoke breaks, and customers don’t disrupt businesses by going outside. Some employers actively urge smokers to switch to e-cigs to improve employee health and save money, including health care costs.

While we support banning vaping at preschools and K-12 schools, other employers and businesses can and have set their own policies for vaping, just as for cellphone use.

Besides, it’s impossible to enforce vaping bans, and unfair to impose $300 fines on employers and businesses for violations since e-cig users can eliminate all visible vapor by simply holding their breath for two seconds. Illegal use of e-cigs has skyrocketed in the three states and several dozen municipalities that banned vaping, and we’re aware of just two citations issued (both against vape shops).

Since 2009, Smokefree Pennsylvania has also advocated state laws banning the sale of e-cigs to minors, which 27 states have already enacted, and many more are in the process of enacting, including four laws passed in the past two weeks that have been sent to governors.

We strongly oppose the text of Bill No 140096 because it appears to be preempted by the state law banning tobacco sales to minors, because it falsely defines smokefree e-cigs as “Electronic Smoking Devices” and creates a new derogatory category of “Unapproved Nicotine Delivery Products” to confuse and scare, and because it requires all e-cig retailers to post intentionally deceptive signs stating "SALE OF ELECTRONIC SMOKING DEVICES AND UNAUTHORIZED NICOTINE DELIVERY PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. WILL BE REQUIRED. THIS LAW WILL BE STRICTLY ENFORCED."

I urge this committee to amend Bill No 140096 to make it is consistent with the language, requirements and penalties in Senator Tim Solobay’s bill (SB 1055) (Appendix 3) to ban the sale of “alternative nicotine products” to all PA minors that was unanimously approved by the PA Senate Judiciary Committee. We also urge the Philadelphia City Council to support Solobay’s bill.

Please note that the ACS, AHA, ALA have opposed bills in many states, including SB 1055, that would ban e-cig sales to minors because the bills don’t falsely redefine e-cigs as “electronic smoking devices”, which demonstrates their real agenda

Thank you,






Appendices

1. In April 2009, FDA’s Rita Chappelle revealed the agency’s policy on e-cigarettes
“We don’t want the public to perceive them as a safer alternative to cigarettes.”
E-Cigarettes Under Fire

2. Judge Richard Leon’s January 15, 2010 ruling striking down FDA’s e-cig ban as unlawful.
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv0771-54
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv0771-55

3. PA bill (SB 1055) would ban sale of “alternative nicotine products” to minors.
Bill Information - Senate Bill 1055; Regular Session 2013-2014 - PA General Assembly
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
ECF Veteran
Apr 2, 2009
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My good old friend Dr. Bob Sklaroff just notified me that he'll also testify against the Philly vaping ban bill tomorrow.

Sklaroff is a Philadelphia oncologist (he treats cancer patients) who previously campaigned with me to ban smoking in workplaces and stop cigarette marketing to minors.
 

swampergene

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Mar 9, 2014
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Hi Bill. Proud to be a fellow Pennsylvanian knowing that you are in our court :)

I'm new to vaping, coming from a 30+ year smoking habit. Have not fully converted yet, but I feel it coming very soon. I'm also scared that this will be taken away from us soon by either taxes and or regulation.

Regarding the report you link to, one line that got my attention was this:

"Would you knowingly let your kid inhale an untested product? "

To answer that question, I think you could say yes as a matter of fact, people do it all the time. As far as I can tell from the research I've done, Vicks (and similar medicines) products which are meant to be used in room vaporizers have never been FDA approved or regulated by anyone. And that stuff contains turpentine oil...listed right on their website.

So yes, people will knowingly let their kids inhale untested products.
 

rothenbj

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I've signed up to testify at Philly's hearing, as have Joel Nitzkin, Gil Ross, Carl Phillips, Igor Burstyn, and I think Jeff Stier, so we'll have a good showing of public health and scientific experts who support vaping (and oppose vaping bans).

Still need more vapers and local vendors to testify against the vaping ban, but please don't vape during the hearing or in the lobby (as an e-cig opponent will testify that the vapor caused them to get a headache and get sick).

I've been trying to get the PA restaurant, tavern and hotel associations to oppose, and have been trying to get e-cig companies and trade associations to testify.

Did you talk to Bob at the PA rest, tavern and hotel assoc.?
 

rothenbj

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This will be a major test for the e cig community. I'd guess that Greg Conley will also be there since he is so local. If this board can't be persuaded that an indoor ban is ridiculous, nobody will.

That being said, I hope Philly's inferiority complex doesn't get in the way of good judgement. Here's a chance to show NYC that we're better.
 

sonicdsl

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This will be a major test for the e cig community. I'd guess that Greg Conley will also be there since he is so local. If this board can't be persuaded that an indoor ban is ridiculous, nobody will.

That being said, I hope Philly's inferiority complex doesn't get in the way of good judgement. Here's a chance to show NYC that we're better.

Greg will definitely be there (see post #61 in this very thread :) )

http://www.e-cigarette-forum.com/fo...isting-indoor-smoking-ban-2.html#post12500736
 

Wicked & Coiled

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Today is the big day, and now add NJ across the river announcing their budget tax on E-Cigs which will be equivalent to tobacco cigarettes. ........'s is questioning whether NJ will become home of the $100 30mL bottle?

Nice to see Dr. Burstyn is scheduled to testify in Philly, and if ANYONE should be there, it's vape shop owners. They are the ones who stand to loose the most, the quickest.
 

rothenbj

Vaping Master
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Jul 23, 2009
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Green Lane, Pa
Today is the big day, and now add NJ across the river announcing their budget tax on E-Cigs which will be equivalent to tobacco cigarettes. ........'s is questioning whether NJ will become home of the $100 30mL bottle?

Nice to see Dr. Burstyn is scheduled to testify in Philly, and if ANYONE should be there, it's vape shop owners. They are the ones who stand to loose the most, the quickest.

I posted a comment on the article by Walter Tsou and Dr. Frank Leone that they should perhaps read Dr Burstyn's study and use a little science rather than opinion.
 

Tedlee

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