Sharing the Response I got from Senator Sherrod Brown of Ohio

[ronab]

Below is the response to a letter I wrote to my State Senator in Ohio. Although this is a nice pat answer, at least he does say he will keep my experience in mind as the issue progresses.
Just thought I'de share.
R

Thank you for sharing your views on electronic cigarettes and for taking the time to write about your experiences. I apologize for the delay in my response.

Regulation of electronic cigarettes was not specifically addressed in the tobacco legislation that was recently passed. The Food and Drug Administration (FDA) is currently examining how best to respond to these products and whether or not they will be regulated as “medical devices” or as “tobacco products” and thus be regulated by the new tobacco law.

I will continue to monitor this situation with your letter in mind.

Sincerely,

Sherrod Brown
United States Senator

 

[Vocalek]

The matter will not be decided by the FDA. It will be decided by the Federal Courts. FDA has taken the stance that it wants to regulate (in effect, ban) e-cigarettes under the the Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301. In the case of Smoking Everywhere versus FDA, the Hon. Richard J. Leon has ruled against the FDA. Essentially he told the FDA that if they want to regulate electronic cigarettes, they are free to do so under the Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123 Stat. 1776 (2009) ("Tobacco Act"), but not under FDCA.

Excerpt from Judge Leon's 32-page opinion:

...the Tobacco Act applies to "tobacco products," which Congress defined expansively as "any product made or derived from tobacco that is intended for human consumption." 21 U.S.C. § 321(rr)(l). Furthermore, Congress made clear that FDA's new jurisdiction over tobacco products applies, not only "to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco," but "to any other tobacco products" as well. Id. §387a(b).

...As such, the Tobacco Act, in effect, serves as an implicit acknowledgment by Congress that FDA's jurisdiction over drugs and devices does not, and never did, extend to tobacco products, like electronic cigarettes, that are marketed in customary fashion for purely recreational purposes. 13

http://www.casaa.org/files/SE-vs-FDA-Opinion.pdf

As we know, Judge Leon issued an injunction forbidding FDA from continuing to seize shipments. FDA has appealed. The appeals court issued a stay of the injunction, pending hearing arguments. Thus, the FDA continues stealing merchandize and jeopardizing the very existence of the companies affected, the lung/heart/cancer health of former smokers who use the products, as well as the future health of current smokers who might be able to switch to this reduced-harm product, if given the chance.

 

[5cardstud]

Well I guess the FDA needs money too. It's just too bad they obtain this end by stealing our purchases.

 

[Unperson]

The FDA should be held financially accountable for every seized shipment they've stolen after Judge Leon's initial finding. I know they are protected from things like this, but if it were possible to hold them accountable, then they might think twice before putting on the "... hat".

I know we need to be protected, and I've been on both sides of the "give up some personal liberties to ensure safety" debate, but it still gets under my skin when the government goes through my private mail and then has the audacity to seize items that have not been officially deemed unsafe. It becomes intolerably excessive when they take things from you because they 'think' it is bad? That's abuse of power.

 

[Drozd]

I'm just wondering why you wrote to Sen Brown when there's no current legislation in congress concerning electronic cigarettes....nor are we even currently fighting against a ban in Ohio..
The response seems to more blow it off and put it on the FDA....

But now, after it being brought more to his attention it might actually take a turn against us... after all now he's calling for the removeable of disolveables like camel orbs from the market... Brown wants candy-like tobacco taken off market | The Columbus Dispatch

I fear you may have awakened an enemy...

 

[jamie]

Good catch Drozd.

 

[kristin]

I disagree. If you think these folks don't already have ecigs on their radar, thanks to the ALA lobby, you're fooling yourselves.

Better to be proactive - but don't stop at just one legislator. Go all the way to your governor and let them know that there are hundreds of thousands of ecig users ready to protest any bans proposed in your state and that we've already brought down 3 proposed bills!

 

[D103]

Good point Kristin - I e-mailed our State Senators in my State of Iowa as well as my particular District Representatives - I did this in January 2010, shortly after I started using electronic cigarettes. I agree with you that proactive is the way to go, for this is going to be a prolonged and tenacious fight. And it appears the burden of providing reasoned and factual information to the public has fallen on us since the "Official" Spin Machine seems to be operating on all cylinders and the amount of misinformation and flat out lies is appalling.

 

[Drozd]

I somewhat both agree and disagree...

I agree that yes we should be proactive...yet I think selectively proactive...

I mean if the senator, congressman, governor's track record is against all tobacco and parrots the for the children argument...and is not facing re-election I don't see contacting them as helpful..as I don't see it as them being liely to be swayed..

However if they're on the fence or open about certain issues like this and/or they might be up for re-election and or they're a smoker themselves then they might be more open to listening to their constituents...

in this example...sherod brown is not up for re-election this term, is/was on the health & human services comittee and was a huge supporter of the pact act and the health bill...and overall an anti..

 

[D103]

Yes, I see your point Drozd and you are right of course. Let discretion be the better
part of valor.....we need to pick our spots carefully.
Thanks for that.