UPDATE: US Senate Panel Approves FDA Tobacco-Regulation Measure

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LaceyUnderall

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Thanks Lacey. I needed that. Also, I just got word from my daughter's 4th grade teacher that she (my daughter) just won Best in Show for her art piece in the state fair junior art exhibit! I'm sooo happy even though I won't get to see it until next September.

That's wonderful! :thumb: A little artist! I myself have followed that path. Currently, I can only draw when the little one is "in the mood" as I am engulfed by this damn machine and the current brew-ha-ha... but it is nice to get out and draw a flower every once in awhile.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Smokefree Pennsylvania sent the letter (below) to Senate HELP Committee members yesterday morning, after the Tuesday markup and before yesterday's markup.

Tuesday's markup is at: Welcome - U.S. Senate Committee on Health, Education, Labor and Pensions ...09_05_19_E.html

The first part of yesterday's markup is at: Welcome - U.S. Senate Committee on Health, Education, Labor and Pensions ...09_05_20_E.html

Last night's markup wasn't on the HELP Cmte website (and still isn't), but Coburn offered the e-cigarette exemption amendment, it was discussed, and then withdrawn to allow for further discussions/negotiations with Senate Dems.

- - -

May 20, 2009

Dear Senator

Many inaccurate and misleading claims were made about the least hazardous tobacco products (smokefree) by Senators Merkley, Brown, Harkin, Dodd and others at yesterday's markup session, which primarily benefits the deadliest tobacco product (cigarettes) and Philip Morris' Marlboro empire, as would enactment of S. 982 (a deal negotiated by the cigarette giant and CTFK in 2004). We urge you to support the amendments (below) because they would improve public health.

Reiterating concerns in my May 7 letter, S. 982 will cause the deaths of millions of more cigarette smokers (primarily Marlboro smokers) unless amended to truthfully inform smokers that cigarettes are 100 times deadlier than smokefree tobacco/nicotine products (including dissolvable tobacco lozenges, snus and electronic cigarettes) and to allow smokers access to these less hazardous products. Switching from cigarettes to smokefree tobacco/nicotine alternatives reduces smoker's health risks nearly as much as quitting all tobacco/nicotine use, and millions of smokers have already sharply reduced their health risks by switching to smokefree alternatives.

Dissolvable smokefree tobacco lozenges are nearly identical to GlaxoSmithKline's dissolvable nicotine lozenges (marketed for smoking cessation). While some Senators grandstanded yesterday against tobacco products that comprise less than 1% of the market share and/or are no longer on the market, nobody expressed concerns that GSK About Commit Lozenge: Stop Smoking Medicine has been marketing nearly identical nicotine lozenges in Cappuccino, Cherry and Mint flavors.

Claims that tobacco companies still target market to youth ignores the facts that youth tobacco use has declined by 50% to 65% (depending upon product and age group) in the past decade, that the Master Settlement Agreement already prohibits tobacco companies from marketing to youth, and that all 50 states already ban tobacco sales to youth under 18. In contrast to claims that S. 982 would protect youth from tobacco marketing (and Senator Brown's criticism of a cigarette marketed to his 19 year old daughter), S. 982 would do little to further reduce youth tobacco use primarily because it prohibits the FDA from banning tobacco marketing to high school seniors (age 1. The CBO recently estimated that H.R. 1256 (Rep. Waxman's similar bill approved by the House) would only reduce youth smoking by 11% and adult smoking by 2% during the next DECADE.

Since 1990, Smokefree Pennsylvania has advocated policies to reduce tobacco smoke pollution indoors, increase cigarette taxes, reduce tobacco marketing to youth, preserve civil justice remedies for tobacco victims, expand smoking cessation services, and inform smokers that smokefree tobacco/nicotine products are far less hazardous alternatives to cigarettes.

Sincerely,


William T. Godshall, MPH
Executive Director
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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The US Senate HELP Committee approved S. 982 last night by a vote of 15-8.

The committee's final passage vote was largely along party lines, with 12 of 13 Democratic Senators voting yes (Hagan voted no), and 7 of 10 Republican Senators voting no (Gregg, McCain and Murkowski voted yes). The same 12 Democrats (of the 23 member committee) voted NO to all amendments by Republicans. During most of the two day markup session, a quorum (12) of the committee wasn't present (and many votes on amendments occurred by proxy).

S. 982 includes the provisions of H.R. 1256 (sponsored by Waxman and approved by the House) and includes amendments that were approved by the Senate HELP Committee in 2007, most notably Sen. Enzi's amendment to require color-graphic warning labels covering 50% of all cigarette packages. Smokefree Pennsylvania was the only health organization to advocate that critically important public health amendment in 2007, while CTFK, ACS, AHA, ALA not only opposed the amendment, but also claimed that it was a poison pill trojan horse intented to sabotage the legislation.

The HELP Committee approved just one amendment to S. 982, a nonsubstantive one by Sens. Merkley and Brown for a report on dissolvable tobacco products. The amendment's real intent was to poison and preempt passage of (and any objective discussion about) responsible tobacco harm reduction amendments (filed by Senate Republicans) that can significantly reduce cigarette consumpiton and save the lives of millions of smokers.

By repeatedly referring to Camel Orbs as "candy" and by falsely accusing Reynolds of target marketing them to youth (which if true, would be actionable violations of both the MSA and state minimum age sales laws), Senators Merkley, Brown, Harkin, Dodd and other Senate Democrats went over-the-top to protect to Philip Morris' Marlboro's lethal cigarette empire from harm reduction market competition by Reynolds' far less hazarous smokefree alternatives.

At least 10,000 times more youth smoke Marlboro cigarettes than use Camel's smokefree and spitfree tobacco products (which are similar to Commit nicotine lozenges), while cigarettes are at least 100 times more hazardous than these smokefree products.

Other amendments to S. 982 considered by the committee included Enzi 1, 2, 3, 5, 8; Hagan 1, 2, 5; Coburn 4, 5, 6, 9; and Burr 1.

The committee defeated Enzi 1, 3; Coburn 6; Burr 1; and Hagan 5, while Enzi 2, 5, 8; Hagan 1,2; and Coburn 4, 5, 9 were withdrawn for future consideration by the full Senate. Other filed amendments also can be offered for Senate consideration.

In the next posting, I'll list the 44 amendments that were filed to S. 982.
 

Bill Godshall

Executive Director<br/> Smokefree Pennsylvania
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Following are a list of filed amendments to S. 982, with * indicating amendments endorsed by Smokefree Pennsylvania (because they could improve public health).
Please note that we didn't endorse the Coburn e-cigarette exemption amendment advocated by the ECA because passage of that amendment (coupled with the FDA declaring e-cigarettes unapproved drug devices) would likely result in a ban on e-cigarettes.


Amendment Purpose
Burr #1 Complete substitute - new HHS office
* Burr #2 Change "public health" standard to "reduce youth tobacco use" standard
* Burr #3 Smokeless tobacco carveout
* Burr #4 Require reductions in tobacco illness and death
* Coburn #1 Internet sales
Coburn #2 No tobacco program, unless existing FDA products are certified safe
* Coburn #3 Including Native American retailers and manufacturers
* Coburn #4 7 year hard sunset
Coburn #5 E-cigarette carveout
Coburn #6 Medical marijuana
* Coburn #7 GAO study on metrics
Coburn #8 If youth smoking increases 3 years in a row, sunset
* Coburn #9 PACT Act
* Enzi #1 Move tobacco regulation to CDC
* Enzi #2 Higher civil penalties for tobacco companies
* Enzi #3 Menthol and health disparities
* Enzi #4 Imminent hazard authority
* Enzi #5 Strike adverse event reporting and require DSMB
Enzi #6 Premium incentive for cessation
Enzi #7 Reissue 1996 rule
* Enzi #8 Indexing user fees in outyears
Enzi #9 Strike findings
* Hagan #1 To ensure that performance standards are based on achievable technology
Hagan #2 No FDA on the farm
Hagan #3 Roll your own
Hagan #4 Definition of small manufacturer
Hagan #5 Testing only in US labs
Hagan #6 Definition of characterizing flavor
Hatch #1 No effect of Act unless FDA gets sufficient funding for major functions
Hatch #2 No effect of Act unless FDA gets sufficient funding for device review
Hatch #3 No effect of Act unless FDA gets sufficient funding for biologics review
Hatch #4 No effect of Act unless FDA gets sufficient funding for the Office of Generic Drugs
Hatch #5 No effect of Act unless FDA gets sufficient funding for drug evaluation and review
Hatch #6 HHS certification for tobacco importation
* Hatch #7 Standard for reduced risk products
Hatch #8 Appropriations trigger - all FDA
Hatch #9 Appropriations trigger - food safety
* Hatch #10 Performance and financial reports
* Hatch #11 Report on impact of program on SCHIP
McCain #1 No use of military TSP as pay for
Merkley/Brown #1 Dissolvable tobacco products
* Murkowski #1 Track and trace for tobacco
Kennedy #1 No implied seal, repeat Enzi warning labels
Kennedy #2 No implied seal of approval
 

Bill Godshall

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MlrGrl

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I just hope it's still not too late. Yes, it passed the HELP commitee, but not the senate. What else can we do to get through to those senate members that don't even recognize the harm it will have on tobacco reduction items such as the PV? Can we go slap some sense into them? Please?

Actually, I'm really suprised that the vote was so close, 15 - 8. Four more votes against, and it would have failed.

Believe it or not, it's as easy as picking up your phone.

CALL YOUR STATE SENATOR!
It's painless! It's easy! and believe it or not, the phone call is normally free! =)

All you have to do is call your Senator's office.
Someone answers the phone and you just say:
"Hello! I would like to know what Senator Smith's position is on SB 123"

She will either say s/he's for, against or undecided.

"I would like him to vote against the HELP bill....."

She should take down your name and address and tell you she'll pass along your concerns.

Of course, this is a very crash course as I'm running shot on time right now, but you get the jist of if.

They want your name and address 'cause they will normally send out a letter about it.

Above all else: BE NICE WHEN YOU CALL! It's normally just an intern answering the phones and all they do is take your message. No sense in getting them mad or upsetting them; they are not the Senator! LOL
(believe it or not, many people call and are rude to those poor kids....)

Trust me; if enough people call their senator, it WILL GO YOUR WAY!!
Here in WI, twice now do to the 'power of the people", the public calling our state senators and/or assembly men have have things go our way when things seemed very bleak.

I'm sorry if this is a repeat, but I haven't read through all the posts yet.

Bottom line; every member of legal voting age in your house: CALL!
Every person you know that wants you to continue e-cigs: CALL!!

IF EVERY PERSON ON THIS FORUM CALLED THEIR SENATORS, WE CAN GET THIS TO GO OUR WAY!!

for an added bonus - have your family & friends call to!
 

TropicalBob

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Jan 13, 2008
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Reiterating concerns in my May 7 letter, S. 982 will cause the deaths of millions of more cigarette smokers (primarily Marlboro smokers) unless amended to truthfully inform smokers that cigarettes are 100 times deadlier than smokefree tobacco/nicotine products (including dissolvable tobacco lozenges, snus and electronic cigarettes) and to allow smokers access to these less hazardous products. Switching from cigarettes to smokefree tobacco/nicotine alternatives reduces smoker's health risks nearly as much as quitting all tobacco/nicotine use, and millions of smokers have already sharply reduced their health risks by switching to smokefree alternatives.

Dissolvable smokefree tobacco lozenges are nearly identical to GlaxoSmithKline's dissolvable nicotine lozenges (marketed for smoking cessation). While some Senators grandstanded yesterday against tobacco products that comprise less than 1% of the market share and/or are no longer on the market, nobody expressed concerns that GSK About Commit Lozenge: Stop Smoking Medicine has been marketing nearly identical nicotine lozenges in Cappuccino, Cherry and Mint flavors.

Excellent letter, Bill. These are critical points for me. I'm not a child :rolleyes:, but I use dissolvables (and have almost from the first Stonewall dissolvable from Star Scientific), snus and my e-cigs to stay off a cigarette habit I had for 50 years. I'm not interested in cheerleading for one. Smokers trying to quit need a choice of any/all harm reduction alternatives.

I've not read those amendments, so am unfamiliar with their intents. My hair would fly straight up if Internet ordering is threatened. I guess I'll wait for the final bill.
 

TropicalBob

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Jan 13, 2008
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Port Charlotte, FL USA
Good news: We're not dead.

Bad news: We can now see the gallows.

We do not want that bill to become law. We also do not want the FDA to declare our product a new drug and our devices as drug-delivery devices. That would mean a full ban for a loooong time.

To keep e-smoking legal, it might be necessary to get the Senate bill defeated and to have SE win its court case against the FDA.

Then we can take one step back and look at the gallows from there.

The gallows aren't going anywhere, you know.
 

RandallFlagg

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May 14, 2009
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Good news: We're not dead.

Bad news: We can now see the gallows.

We do not want that bill to become law. We also do not want the FDA to declare our product a new drug and our devices as drug-delivery devices. That would mean a full ban for a loooong time.

To keep e-smoking legal, it might be necessary to get the Senate bill defeated and to have SE win its court case against the FDA.

Then we can take one step back and look at the gallows from there.

The gallows aren't going anywhere, you know.

There is another way.
Expose the political donations made to the elected jackasses who are trying to get this abomination passed. Expose their agendas for what they are.
 

RandallFlagg

Super Member
ECF Veteran
May 14, 2009
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Denver, Co, USA
No threats, and expose to voters.
Calm and reasonable has resulted in decades of smokers being the last, safe target of bigotry and, "Back of the bus," treatment.
This bill has money written all over it.
Tobacco users have been the canaries in the coal mine. They will not stop at this.

Quoted from the article: "Many Senate Republicans objected to giving the FDA power to regulate tobacco, saying that the agency is already hard-pressed to perform its drug-safety mission."
What will be next if this passes will be yet another increase on tobacco taxes to help fund the FDA's new requirements. And we all know that every dime sent to the government goes toward the area that it's assigned. Right?

Right?

Bueller?
 
Maybe Michael Moore can do a documentary on e-cigs?
I heart Michael Moore, but his reputation is that of a left-wing extremist. Still, could it hurt? I am willing to write to him to suggest such a project, but only if it wouldn't hurt our cause.

~~Cheryl
 
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