Senators Call on FDA to Restrict the Sale, Distribution, and Marketing of E-Cigarettes

[thew92]

Senators Call on FDA to Restrict the Sale, Distribution, and Marketing of E-Cigarettes - Press Releases - Press Office - U.S. Senator Dick Durbin

[WASHINGTON, D.C.] - Calling e-cigarettes a possible pathway to traditional cigarettes and other tobacco products, five U.S. Senators today called on the Food and Drug Administration (FDA) to issue “deeming regulations” asserting regulatory authority over tobacco products, such as electronic cigarettes, and to restrict the sale, distribution and marketing of e-cigarettes and other nicotine products to children and young adults. Though the number of U.S. adults who have tried e-cigarettes has doubled since 2010 and limited research has raised consumer safety concerns, the nicotine delivery devices are currently not required to be evaluated or approved by the FDA.


Today’s letter was signed by the following: U.S. Senators .... Durbin (D-IL), U.S. Senator Frank Lautenberg (D-NJ), U.S. Senator Richard Blumenthal (D-CT), U.S. Senator Sherrod Brown (D-OH) and U.S. Senator Jack Reed (D-RI).

“Unlike traditional tobacco products, e-cigarettes can be legally sold to children and are not subject to age verification laws,” the Senators wrote. “E-cigarettes marketed to appeal to kids in candy and fruit flavors, like bubblegum and strawberry, are readily available to youth in shopping malls and online. These products risk addicting children to nicotine, which could be a pathway to cigarettes and other tobacco products.”
Tobacco use is the number one cause of death in the United States. Every year, tobacco use kills 443,000 Americans – accounting for one in five deaths. The U.S. Surgeon General, the CDC, and the National Cancer Institute have concluded that smokeless tobacco causes cancer, heart disease, stroke, and lung diseases. Smoking costs the United States about $193 billion each year in health care expenses and lost productivity.
Text of today’s letter is below.

Dear Commissioner Hamburg:

We write to urge the Food and Drug Administration (FDA) to issue “deeming regulations” asserting the agency’s regulatory authority over tobacco products, such as cigars, pipe tobacco, electronic cigarettes, and dissolvable tobacco products.

As a result of the Family Smoking Prevention and Tobacco Control Act of 2009, the FDA has made commendable efforts to enhance the regulation of cigarettes and smokeless tobacco products. However, we have seen the emergence of novel nicotine products for which FDA has yet to assert regulatory authority, such as electronic cigarettes, which raise concerns regarding safety and marketing to children.

As you know, electronic cigarettes, also called e-cigarettes, are battery-operated devices that simulate traditional tobacco cigarettes. E-cigarettes contain cartridges filled with flavors, chemicals, and the highly addictive substance nicotine, which are vaporized and inhaled by the user. According to the Centers for Disease Control and Prevention (CDC), e-cigarette use is growing rapidly. Since 2010, the number of U.S. adults who have tried e-cigarettes has doubled. In 2011, approximately 21 percent of adults who smoked traditional cigarettes had used electronic cigarettes – a 10 percent increase from 2010.

In spite of the growing popularity of e-cigarettes and limited research on their long-term health effects and risk for increasing use of traditional cigarettes, e-cigarettes are currently not required to be submitted to the FDA for evaluation or approval. In 2009, FDA conducted a limited analysis of a sample of e-cigarettes. The analysis found significant quality control issues such as the presence of carcinogens and toxic chemicals, variation in the dose of nicotine in each inhalation, and the presence of nicotine in products claiming to be nicotine-free. The study raises concerns regarding the safety of these products, the levels of nicotine and other potentially harmful chemicals, and the marketing of e-cigarettes to children and teens.

Unlike traditional tobacco products, e-cigarettes can be legally sold to children and are not subject to age verification laws. E-cigarettes marketed to appeal to kids in candy and fruit flavors, like bubblegum and strawberry, are readily available to youth in shopping malls and online. These products risk addicting children to nicotine, which could be a pathway to cigarettes and other tobacco products.

Tobacco use is the number one cause of death in the United States. Every year, tobacco use kills 443,000 Americans – accounting for one in five deaths. The U.S. Surgeon General, the CDC, and the National Cancer Institute have concluded that smokeless tobacco causes cancer, heart disease, stroke, and lung diseases. Today, smoking costs the country about $193 billion each year in health care expenses and lost productivity.

We call on the FDA to issue deeming regulations asserting the agency’s regulatory authority over e-cigarettes and other tobacco products. Once FDA regulates these products, we urge the Agency to aggressively enforce the authority given by Congress under the Family Smoking and Tobacco Control Act, including restricting the sale, distribution, and marketing of e-cigarettes and other nicotine products to children and adolescents.

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[Elnroth]

Did anyone else notice which states those senators are from? Aren't we/haven't we fought against their state legislators?

 

[boshans]

Everytime I read some stupid crap like this my blood pressure raises. "The analysis found significant quality control issues such as the presence of carcinogens and toxic chemicals, variation in the dose of nicotine in each inhalation, and the presence of nicotine in products claiming to be nicotine-free. The study raises concerns regarding the safety of these products, the levels of nicotine and other potentially harmful chemicals, and the marketing of e-cigarettes to children and teens." "E-cigarettes marketed to appeal to kids in candy and fruit flavors, like bubblegum and strawberry, are readily available to youth in shopping malls and online."

Like SERIOUSLY!!?!?!?!? These fools just believe everything the FDA releases, even though the carcinogens found were less than the Patch. And I really REALLY don't understand why these IDIOTS think that it is marketed towards KIDS. Yes because a ....ing kid has 100 bucks sitting in his pocket to go buy a starter kit, not to mention the 20+ bucks every week to go get more liquid/cartridges. Plus the vendors in the mall, at least in NY, would not sell to some child. And what the .... kid is going to want to vape? It is not "cool", no one in high school is going to want to smoke a ecig, NO ONE. And also only kids like flavors. It is IMPOSSIBLE for adults to like flavors also, I guess the only people who buy real fruit or chocolate are children, because adults HATE the stuff.

GOD I can't take stupid ....ing people.

 

[Vapor Vinny]

Warriors of the Nanny State. Collectively, we put people like this in charge of our country. Collectively, we're pretty much a bunch of idiots.

 

[Renolizzie]

I commented on the Durbin page but I don't Tweet so I haven't tried to comment elsewhere.

It is patently false that e cigarettes are harmful. Studies are showing that THR products such as gum, lozenges, snus and electronic cigarettes are up to 99% safer than smoking. In fact, there are no diseases linked to nicotine use.

The problems are basically all from smoking tobacco.

I quit a 30 year 2 plus pack a day smoking habit by switching to ecigs. I breathe better and I feel better.

Efforts to ban ecigs are misguided at best and criminal at worst. Criminal to allow the smokers of this world NOT to have the opportunity to switch to ecigs.

I know of not one ecig retailer that markets or sells to children or adolescents. They sell to those that are 18 years of age or older. It is clear that "flavors" are not a gimmick to hook children into using ecigs. A ridiculous claim whether it is made about smoking, alcohol or ecigs.

I ask that you give up this misguided attempt to ban ecigs.

 

[DanFromRioRancho]

Warriors of the Nanny State. Collectively, we put people like this in charge of our country. Collectively, we're pretty much a bunch of idiots.

"None of us is as dumb as all of us."

 

[Vapor Vinny]

I commented on the Durbin page but I don't Tweet so I haven't tried to comment elsewhere.

It is patently false that e cigarettes are harmful. Studies are showing that THR products such as gum, lozenges, snus and electronic cigarettes are up to 99% safer than smoking. In fact, there are no diseases linked to nicotine use.

The problems are basically all from smoking tobacco.

I quit a 30 year 2 plus pack a day smoking habit by switching to ecigs. I breathe better and I feel better.

Efforts to ban ecigs are misguided at best and criminal at worst. Criminal to allow the smokers of this world NOT to have the opportunity to switch to ecigs.

I know of not one ecig retailer that markets or sells to children or adolescents. They sell to those that are 18 years of age or older. It is clear that "flavors" are not a gimmick to hook children into using ecigs. A ridiculous claim whether it is made about smoking, alcohol or ecigs.

I ask that you give up this misguided attempt to ban ecigs.

Reno. You're missing the point. They're not trying to ban ecigs. Despite what they may say. They are, however, trying to demonize them in order to put us, and those who don't vape, into a frame of mind that will accept massive taxes on ejuice. Scare vapers to much with a possible ban that hefty taxes seem like a win.

 

[Renolizzie]

Reno. You're missing the point. They're not trying to ban ecigs. Despite what they may say. They are, however, trying to demonize them in order to put us, and those who don't vape, into a frame of mind that will accept massive taxes on ejuice. Scare vapers to much with a possible ban that hefty taxes seem like a win.

Maybe so but I was so incensed by the nonsense about the harms of nicotine and the marketing to minors that I thought that was my main point.

 

[DC2]

Reno. You're missing the point. They're not trying to ban ecigs. Despite what they may say. They are, however, trying to demonize them in order to put us, and those who don't vape, into a frame of mind that will accept massive taxes on ejuice. Scare vapers to much with a possible ban that hefty taxes seem like a win.

The FDA has already tried to ban them, so I'm not sure why you would not think they will continue to try to do so.
In fact, there is a currently an active worldwide push to ban electronic cigarettes, and a number of countries have already done so.

Barring an outright ban, the next most desirable action they can take is to regulate them to the point of being useless.
This is what the European Union is working on as we speak.

Taxing them is only a last resort, if all else fails.

 

[Vapor Vinny]

The FDA has already tried to ban them, so I'm not sure why you would not think they will continue to try to do so.
In fact, there is a currently an active worldwide push to ban electronic cigarettes, and a number of countries have already done so.

Barring an outright ban, the next most desirable action they can take is to regulate them to the point of being useless.
This is what the European Union is working on as we speak.

Taxing them is only a last resort, if all else fails.

The FDA tried to ban them before their full market potential was understood. The early impetus to ban ecigs was based, in reality, on a fear that it would allow tobacco users to skirt around the cigarette tax, thereby causing governments worldwide billions of dollars. Now, as I'm sure they've learned, there is a huge cash cow staring them in their face. They will find a way to make billions off of ecigs.

They're not going to ban them. But they are going to tax them heavily.

I think we'd be short-sighted to think the FDA operates in a vacuum, apart from revenue raising. 15 years ago I worked as a legal-economist for the FDA. My job was to determine the effects of regulation on the product(s) involved. Strangely, it also included the effects of taxation. Ultimate revenue to the federal government was very much a driving force in FDA decisions at that time. I can't imagine is less of a force now.

 

[DC2]

Now, as I'm sure they've learned, there is a huge cash cow staring them in their face.

Electronic cigarettes are not a cash cow for them, they are a threat to their existing cash cow.
I don't see how they can ever make as much money from taxing electronic cigarettes as they can from taxing cigarettes.

 

[JuiceIsLoose]

Electronic cigarettes are not a cash cow for them, they are a threat to their existing cash cow.
I don't see how they can ever make as much money from taxing electronic cigarettes as they can from taxing cigarettes.

The Seminole Indian tribe is now marketing E cigs--I figure if the corrupt government money grabbers from both parties try to just
grab more taxes, the Indian tribes can make and market juice at the casinos. Not too tough to stop by a casino once a year and grab a liter of nicotine base liquid and add flavorings and VG to whatever you need.

I do find it ironic I can go to two states and buy ......... and smoke a .......but flavored water vapor must be stopped!

 

[StereoDreamer]

Calling e-cigs "gateway to regular cigarettes" is like saying AA is gateway to drinking, or vasectomies are a gateway to teen pregnancy...

The stupid in Congress--it BUUUURRRRNNNNNS...

 

[stillnotsmoking]

There are 545 people in charge of, and destroying this country. It amazes me that we continue to allow these people to control our lives, our health, our freedoms. 100 years ago America was the most prosperous country in the world with the strongest middle class and nearly all of the taxes (and taxes ontop of taxes) that we pay today did not exist. We must oust these people. Call them out, voice your opinions, speak the facts about ecigs. Don't let these greedy .......s stop you from improving your health, your life, or anything else.

 

[jamie]

(quote removed)
That was an ad for a bait-and-switch scheme. Links to actual research are available at CASAA.

 

[Stoneface]

There are 545 people in charge of, and destroying this country. It amazes me that we continue to allow these people to control our lives, our health, our freedoms. 100 years ago America was the most prosperous country in the world with the strongest middle class and nearly all of the taxes (and taxes ontop of taxes) that we pay today did not exist. We must oust these people. Call them out, voice your opinions, speak the facts about ecigs. Don't let these greedy .......s stop you from improving your health, your life, or anything else.

And we can't forget that their campaigns are funded by the big business interests.