Sen. Reid responds to FDA Senate investigation request

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Docliv

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Dec 6, 2010
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March 2, 2011

Dear Mr. Docliv:

Thank you for your recent inquiry regarding the Food and Drug Administration's stance on electronic cigarettes. I appreciate knowing your views.

I have contacted the Food and Drug Administration on your behalf and have brought this action to the attention of the appropriate officials. They have been asked to review your letter and provide a written response. In the meantime, if you feel that I can be of assistance in any other way, please let me know.

My best wishes to you.

Sincerely,

HARRY REID
United States Senator
Nevada


HR:gd


I can't remember who actually wrote the following letter, but thanks to whoever did! This is the letter Sen. Reid is responding to:

Dear Sen. Reid, 1/19/11

Thank you for your kind offer to be of assistance. Would you please launch a Senate Investigation into acts of misfreasance on the part of FDA officials. Ask Margaret Hamberg and Joshua Sharfstein why the FDA misrepresented the science regarding the FDA's limited testing of electronic cigarettes in 2009.

The FDA succeeded in convincing the public that e-cigarettes are likely to cause cancer and/or poison users by employing pejorative words such as "carcinogens" and "antifreeze" in their press conference. They also failed to tell the whole truth. In a court of law, that is considered perjury. Hamberg and Sharfstein may not have been under oath when they lied, but causing harm to public health is not a lawful act on the part of an employee of a Federal health agency.

Ask Hamberg and Sharfstein how the quantity of "carcinogens" in a days supply of e-cigarette liquid (about 1 ml) compares to the same carcinogens in an FDA-approved nicotine patch. The correct answer is that both contain about 8 nanograms of tobacco-Specific Nitrosamines (TSNAs).

Ask them how the 8 nanograms of TSNAs in a day's supply of e-cigarette liquid compares to the quantity of TSNAs in a pack of cigarettes. The correct answer is that a pack of Marlboros contains 126,000 nanograms. By my calculations that makes one day's worth of smoke over 15,000 times more carcinogenic than e-cigarette vapor.

Ask them whether 1% of the tobacco humectant diethylene glycol, incorrectly referenced as "antifreeze" in the FDA's press release, presents any danger whatsoever at that quantity. The correct answer is "no."

Ask how many e-cigarette cartridges that contain 0.01 ml of diethylene glycol would be required to fatally poison a 150 pound adult. The fatal dosage of diethylene glycol is 1 ml. per kg. of body weight. Thus, the correct answer is 6,600 cartridges, consumed in a single day.

Thousands of smokers who had been considering switching to an electronic cigarette continued to smoke, because the FDA's disinformation led them to falsely believe that smoking is less harmful than using an e-cigarette. Several foreign countries banned e-cigarettes, citing the FDA's "health concerns" as the reason. One has to wonder how many smokers who did not switch have developed irreversable lung damage or cancer during the 18 months that the FDA's disinformation has remained unchallenged.

Dr. Michael Siegel of Boston University has reviewed the available scientific evidence on the safety and effectiveness of e-cigarettes. You can access a copy of his article that was published in the December 2010 issue of the Journal of Public Health Polilcy at http://www.hsph.harvard.edu/centers-...ticle.jphp.pdf

Dr. Siegel's finding was that "a preponderance of the available evidence shows them to be much safer than tobacco cigarettes and comparable in toxicity to conventional nicotine replacement products."

Several surveys of e-cigarette consumers reveal that between 63% and over 80% are using e-cigarettes as a complete replacement for smoking. Furthermore, more than 90% of users report that their health has improved. This is understandable when you stop to consider that e-cigarette users no longer inhale tar, carbon monoxide, particulates, and thousands of chemicals created by the process of combustion. Nothing is burned in an e-cigarette.

I look forward to your spearheading the investigation into the behavior of FDA officials in this matter. If I can be of any assistance, please feel free to call me.

Sincerely,

Docliv
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
What this means is that Harry has no intention of calling the FDA on the carpet. Instead, he has punted the issue into their court. The FDA will respond with a bunch of blah-blah-blah PR statements. Reid will then write you again and state, "The FDA says they are innnocent." He will then consider the matter closed.

I think that all 100 senators need to receive a letter from one of their own constituents asking for the same type of investigation. There has to be at least one who will say, "Hey there is something wrong going on here," and will launch a real investigation.

I ran into a similar situation on the state level in Virginia when I asked my Delegate to tell the Virginia Department of Health they were mistaken--that the legislature did not include e-cigarettes in the smoking ban. Instead of telling, he sent my letter to the Health Department and asked them to respond. They of course responded with the same garbage they were giving citizens: The third dictionary definiition of "smoke" is "vaper", and e-cigarettes are "lighted" because there is an LED at the end of them. So my Delegate writes back to me something to the effect of "There you have it. The Health Department tells me that e-cigarettes are included in the smoking ban after all."

Who passed the law? The Health Department or the legislature? Shouldn't the lawmakers be telling the administrative offices what the law is intended to regulate instead of vice-versa?

Well, it took a different citizen (our own storyspnr) contacting her Delegate, to get the problem resolved. That Delegate contacted the state Attorney General and asked for a legal ruling. The rest is history. The AG told the Health Department that any term in a law (such as "smoke), unless defined differently in the law, takes the most common dictionary definition, and that "lighted" means that the tobacco product has been set on fire.

So how about it ECF members? Anyone else willing to write to their U.S. Senator asking for an investigation into the FDA leadership's acts of malfeasance? Having already written mine (both Democrats) and received no response at all from one and a form letter "Thanks for sharing your views" from the other, I'm thinking that we need to whisper into the ears of some of the Republican Senators.
 
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Stosh

Vaping Master
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Oct 2, 2010
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I'm embarrassed to say my senators are leading the charge to goad the FDA into enacting a ban faster. :facepalm:

My only reasonable alternative is to help their opponents in the upcoming elections, and seeing whatever candidates emerge have the facts. Maybe give them a "bug in the ear" with another issue to beat the current incompetents over the head with.

Here in NJ they, as usual, are doing it to "save the children". :-x
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
We could all start posting our success stories on Harry Reid's Facebook page. http://www.facebook.com/HarryReid

And then compliment him on taking on the big bad FDA and telling them they have to tell the truth about e-cigarettes.

Just checked and apprently the public can't post a new item on the wall -- only comnment on items already posted. Keep an eye peeled for an appropriate opening... for example if there is somthing posted about health, or truth-telling.
 
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afrazier5

Super Member
ECF Veteran
Verified Member
I was going to do this as well but found that the link to Dr Siegel's report is no longer published in the link provided in the sample letter above. I did some searching and seems that every link that mentions it, has removed the report. Does anyone know why the report has been removed and where it can be found?
 

wv2win

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Feb 10, 2009
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.........So how about it ECF members? Anyone else willing to write to their U.S. Senator asking for an investigation into the FDA leadership's acts of malfeasance? Having already written mine (both Democrats) and received no response at all from one and a form letter "Thanks for sharing your views" from the other, I'm thinking that we need to whisper into the ears of some of the Republican Senators.

I am going to use the letter provided by Docliv which seems to cover the bases well and send it in snail mail to my senators and congressman. If there is anything else that I should add to this letter, please advise as I want to be as "correct" as possible.
 

Joey S

Super Member
ECF Veteran
I have used the above letter from Docliv as a starting point and have made many alterations to include my personal experiences. i also included CASAA's description of an e-cig and also quoted from Health NZ's Ruyan study with a web address. It ended up being two full pages, single spaced. This will be in the mail to New Hampshire's Senators tomorrow morning. New Hampshire has decided to treat e-cigs like tobacco products and ban sales only to minors so hopefully that is a good sign that i will have a positive reaction to my letter.
 

Luisa

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Apr 8, 2010
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harlingen,texas
I have used the above letter from Docliv as a starting point and have made many alterations to include my personal experiences. i also included CASAA's description of an e-cig and also quoted from Health NZ's Ruyan study with a web address. It ended up being two full pages, single spaced. This will be in the mail to New Hampshire's Senators tomorrow morning. New Hampshire has decided to treat e-cigs like tobacco products and ban sales only to minors so hopefully that is a good sign that i will have a positive reaction to my letter.
Forget Reid--he will stab us in the back. We might get more action in the House. They would love to have hearings on some of the agencies--they are working to to cut the budget and the FDA might be one that actually gets some cuts especially in their legal budget. I could be wrong,but isn"t Iset(sp.) annoyed with the FDA?
 

CES

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Jan 25, 2010
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......So how about it ECF members? Anyone else willing to write to their U.S. Senator asking for an investigation into the FDA leadership's acts of malfeasance? Having already written mine (both Democrats) and received no response at all from one and a form letter "Thanks for sharing your views" from the other, I'm thinking that we need to whisper into the ears of some of the Republican Senators.

The republican senators aren't much better...unless you count getting unsatisfying snail mail responses better. The responses were somewhat personalized, but still clueless. Neither Jeff Sessions nor Richard Shelby (staunch republicans both- i wouldn't count on party affiliation meaning much) are likely to be much help.

from Sessions
...As you know, the Food and Drug Administration regulates nicotine cessation programs.....
From Shelby
....e-cigarettes are considered to be an unapproved drug device because they have yet to be approved due to a lack of scientific proof confirming their safety and effectiveness. There is currently a ban on importation of e-cigarettes into the United States. However, the products that are currently being sold in the United States have not been seized.

I did send citations and web addresses - but obviously no one looked it up. I should have (and may still) print the information and include it in a follow up letter.
 

Luisa

Super Member
ECF Veteran
Apr 8, 2010
690
418
harlingen,texas
The republican senators aren't much better...unless you count getting unsatisfying snail mail responses better. The responses were somewhat personalized, but still clueless. Neither Jeff Sessions nor Richard Shelby (staunch republicans both- i wouldn't count on party affiliation meaning much) are likely to be much help.Contact Shelby and Sesswrote those l

from Sessions

From Shelby


I did send citations and web addresses - but obviously no one looked it up. I should have (and may still) print the information and include it in a follow up letter.
Their aides would have written those letters. Another letter educating them would be good. You can easily counter their impressions with the Court cases making them aware of the Judges comments. They might not be pleased with the FDA ignoring Court rulings. They just need a lot of education. I hope you are able to inform them and they begin to understand the real story.
 

Vocalek

CASAA Activist
Supporting Member
ECF Veteran
Nancy wants ban on e-cigs. Gay people in San Fransisco don't want it in their bath houses. Check out Fox news website.

Randy, I suggest that you post this, along with links to the stories, as a new thread in the News forum for media and general news: Media and General News

If you know where the information is located, you can save your friends here on ECF countless aggregated hours trying to track down the story (stories?) you are citing by posting links.
 
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