FDA Urgent Action Alert: Contact US Senate Commerce Committee before Wednesday at 2:30PM

[Bill Godshall]

The US Senate Commerce Committee, chaired by Sen. Rockefeller, has scheduled a hearing on June 18 at 2:30PM to lobby for FDA’s proposed deeming regulation (that would ban >99% of e-cigs and give e-cig industry to Big tobacco and perhaps njoy) and to yet again falsely accuse e-cig companies of target marketing to youth. Although the witness panel includes two e-cig prohibitionists and two e-cig manufacturers, all five scheduled testifiers (AAP’s Susanne Tanski, CTFK’s Matt Myers, blu’s Jason Healy, njoy’s Craig Weiss and Scott Ballin) have publicly advocated FDA regulation of e-cigs.
Hearings - U.S. Senate Committee on Commerce, Science, & Transportation

If either of your US Senators is on the US Senate Commerce Cmte
Committee Members - About - U.S. Senate Committee on Commerce, Science, & Transportation
PLEASE CONTACT him/her before Wednesday’s hearing and inform them that:
- since 2009, Obama’s FDA and CDC, and Big Pharma funded CTFK and AAP have falsely accused e-cig companies of target marketing to youth despite no evidence,
- FDA’s proposed deeming regulation would ban >99% of e-cig products and would give the e-cig industry to Big Tobacco companies and perhaps NJOY,
- e-cigs have helped more than a million cigarette smokers quit smoking,
- e-cigs are target market to adult cigarette smokers and vapers, and virtually all e-cigs have been consumed by adult smokers and former smokers who switched to vaping,
- there is no evidence that any nonsmoking youth (or adult) has become a daily vaper,
- 38 states have already banned the sale of e-cigs to minors despite hypocritical opposition by CTFK, ACS, AHA, ALA.

The vehicle bill for Sen. Rockefeller's June 18 hearing is S. 2047: Protecting Children from Electronic Cigarette Advertising Act of 2014 Bill Text - 113th Congress (2013-2014) - THOMAS (Library of Congress): cosponsored by Democrat Sens. Boxer, Durbin, Harkin, Blumenthal, Markey, Brown), which has NO chance of enactment, has negligible chance of Senate passage, and probably won’t be passed by the Senate Commerce Cmte.

At Wednesday's hearing, Senate Democrats and e-cig prohibitionists Matt Myers and Suzanne Tanski almost certainly will cite the Democrats outrageous April 2014 report "Gateway to Addiction" that falsely accuses all e-cig ads of targeting youth http://www.durbin.senate.gov/public...?File_id=81d14ff7-f2f6-4856-af9d-c20c0b138f8f since Sens. Rockefeller, Boxer, Blumenthal and Markey are on the Senate Commerce Cmte and helped draft the outrageous Gateway to Addiction report.

Timetable of events leading up to June 18 Senate Commerce Cmte hearing (not including FDA actions).

9/13 US Senate/House Democrats who oppose e-cigs send letter to nine e-cig manufacturers (NJOY, Lorillard, Reynolds, Altria, LOGIC, Eonsmoke, GreenSmoke, VMR Products/V2, and Lead By Sales/White Cloud) requesting information about their advertising and marketing practices.
Durbin, Harkin, Rockefeller, Waxman & Members of Congress Call on E-Cigarette Makers to Explain Marketing Tactics Targeting Kids - Press Releases - Press Office - U.S. Senator .... Durbin

12/13 US Senate Democrats who oppose e-cigs send letter to FTC to urge the agency to investigate and restrict e-cig advertising
Official Website of U.S. Senator Barbara Boxer: Press Releases - Boxer, Blumenthal, Durbin, Harkin, Brown and Markey Urge the Federal Trade Commission to Investigate E-Cigarette Marketing Practices

2/14 US Senate Democrats who oppose e-cigs introduce S. 2047 urging FTC to ban e-cig ads to adults (to protect the children.
Official Website of U.S. Senator Barbara Boxer: Press Releases - Boxer, Durbin, Harkin, Blumenthal, Markey Introduce Legislation to Protect Kids From E-Cigarettes
Durbin, Boxer, Harkin, Blumenthal, Markey Introduce Legislation to Help Protect Kids from E-Cigarettes - Press Releases - Press Office - U.S. Senator .... Durbin
US Senate Committee on Health, Education, Labor, & Pensions: Newsroom - Press Releases
Senators Introduce Bill to Limit E-Cigarette Marketing to Kids and Teens | Adweek

2/14 Jacob Sullum points out that S. 2047 is unconstitutional
Five Senators Demand Unconstitutional Restrictions On E-Cigarette Ads

4/14 US Senate/House Democrats who oppose e-cigs issue report "Gateway to Addiction" falsely accusing e-cig companies of target marketing youth, falsely claiming e-cigs are addicting children, and falsely claiming e-cigs are gateways to cigarette smoking.
http://www.durbin.senate.gov/public...?File_id=81d14ff7-f2f6-4856-af9d-c20c0b138f8f
Durbin, Waxman, Harkin, Rockefeller & Members of Congress: Report Shows E-Cigarette Marketing Campaigns Lighting Up Among Young Users - Press Releases - Press Office - U.S. Senator .... Durbin
Ban on E-Cig Sales, Marketing to Kids Pushed by Durbin, Waxman=

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

 

[sonicdsl]

Also see this VM CTA post for list of state senators involved and other info:

Vapers in these states, ACTION NEEDED ASAP! WV, CA, FL,WA, AR, MO, MN, AK, CT, HI, MA, NJ, MT, SD, MS, NH, IN, SC, TX, NE, WI | The Vaping Militia

Chairman John D. Rockefeller IV | West Virginia
Senator Barbara Boxer | California
Senator Bill Nelson | Florida
Senator Maria Cantwell | Washington
Senator Mark Pryor | Arkansas
Senator Claire McCaskill | Missouri
Senator Amy Klobuchar | Minnesota
Senator Mark Begich | Alaska
Senator Richard Blumenthal | Connecticut
Senator Brian Schatz | Hawaii
Senator Ed Markey | Massachusetts
Senator Cory Booker | New Jersey
Senator John Walsh | Montana

Minority Members
Ranking Member John Thune | South Dakota
Senator Roger Wicker | Mississippi
Senator Roy Blunt | Missouri
Senator Marco Rubio | Florida
Senator Kelly Ayotte | New Hampshire
Senator Dean Heller | Nevada
Senator Dan Coats | Indiana
Senator Tim Scott | South Carolina
Senator Ted Cruz | Texas
Senator Deb Fischer | Nebraska
Senator Ron Johnson | Wisconsin

 

[Alexander Mundy]

Sent my concerns to Roy Blunt. I hope actually he sees what I wrote as he will surely remember me from years ago when he was the Secretary of State here. I was working on an addition to his house and was working late on Thanksgiving to attempt to wrap it up for him. Matt was in on military leave and Roy insisted that I stop working and have Thanksgiving dinner with them. Here I was a dirty construction worker having turkey on Thanksgiving with the Secretary of State, his wife Roseanne (a lovely lady), and the future Governor of Missouri Matt Blunt. I was out of place but was welcomed with open arms. He made a supporter out of me that day.

 

[Kent C]

Not from Texas but I emailed Sen. Cruz - I contributed to his campaign at one point. I requested that he contact you, Bill, for more information, but I think it unlikely.

 

[wv2win]

Also see this VM CTA post for list of state senators involved and other info:

Vapers in these states, ACTION NEEDED ASAP! WV, CA, FL,WA, AR, MO, MN, AK, CT, HI, MA, NJ, MT, SD, MS, NH, IN, SC, TX, NE, WI | The Vaping Militia

Chairman John D. Rockefeller IV | West Virginia
Senator Barbara Boxer | California
Senator Bill Nelson | Florida
Senator Maria Cantwell | Washington
Senator Mark Pryor | Arkansas
Senator Claire McCaskill | Missouri
Senator Amy Klobuchar | Minnesota
Senator Mark Begich | Alaska
Senator Richard Blumenthal | Connecticut
Senator Brian Schatz | Hawaii
Senator Ed Markey | Massachusetts
Senator Cory Booker | New Jersey
Senator John Walsh | Montana

Minority Members
Ranking Member John Thune | South Dakota
Senator Roger Wicker | Mississippi
Senator Roy Blunt | Missouri
Senator Marco Rubio | Florida
Senator Kelly Ayotte | New Hampshire
Senator Dean Heller | Nevada
Senator Dan Coats | Indiana
Senator Tim Scott | South Carolina
Senator Ted Cruz | Texas
Senator Deb Fischer | Nebraska
Senator Ron Johnson | Wisconsin

I was just getting ready to do the same thing, sonicdsl when you beat me to it. THANK YOU!

And thank you, Bill, for letting us all know about this. I could write Rockefeller, as I grew up there, but knowing his politics, I doubt it would even be read, especially since I am now in GA.

 

[wv2win]

Bill,

How can we get you or Julie Woesssner or Dr. Carl Phillips or Dr. Michael Siegel to be called to testify on our behalf? It is very frustrating that experts like yourself are not invited but someone like Jason Healy is called to testify. My guess is that it is all about the "money" and Healy has plenty of it.

 

[cat58]

I sent an email to Sen. Cruz and will call his office tomorrow as well. Don't know how much good it will do, but I'm trying to do my bit.

 

[dbeast64]

I have the Wash DC number for Sen. Tim Scott and will be contacting his office tomorrow.

 

[SeniorBoy]

Thanks Bill. Sent my concerns to Senator Heller of NV. I plan to also call his office.

 

[DrMA]

I wrote to Senator Cantwell. Feel free to reuse any or all of the text:

Dear Senator Cantwell,

On Wednesday , June 18, 2014, the Commerce Committee will conduct hearings on possible regulation of e-cigarette products. These products may be one of the greatest boons to public health in five decades. Restricting or taxing them would protect tobacco cigarette markets, threaten the lives of vapers and smokers, and do nothing to benefit public health. I am a Washington resident and would like to ask you to ensure that the hearing relies on scientific fact, not fear mongering and unsubstantiated propaganda from the tobacco control industry (TCI).

I have been using electronic cigarettes for over three years and have not touched tobacco in the meantime. After many failed attempts over the years at quitting smoking tobacco cigarettes using FDA-approved nicotine replacement drugs (NRT), the only approach that decisively worked for me was the use of electronic cigarettes. I have no doubt I’d still be smoking today had I not discovered electronic cigarettes in early 2011.

Here are some thoughts with regards to fear mongering claims propagated by TCI and unfortunately perpetuated with little or no critical thinking by the FDA and CDC:

• Taxation: While high cigarette taxes may be justified by some as necessary to cover governmental healthcare expenditures caused by smoking and encourage smokers to quit smoking; trying to impose similar levels of tax on reduced risk products like e-cigarettes is unwarranted and would do great harm to public health.
• Health risks: The low risks of e-cigarettes are supported by a growing body of scientific literature in research done by Dr. Michael Siegel of Boston University, Dr. Thomas Eissenberg of Virginia Commonwealth, Dr Maciej L Goniewicz of the Roswell Park Cancer Institute, Dr. Murray Laugesen of Health New Zealand, Dr. Igor Burstyn of Drexel University. In fact, the 2009 FDA testing failed to find harmful levels of carcinogens or toxic levels of any chemical in e-cigarette vapor (in spite of the widely popularized misconceptions about those results printed in the mass media). Please visit this webpage for a comprehensive library of this and other research regarding the safety and effectiveness of e-cigarettes: Learn About Electronic Cigarettes
• Children: There is no evidence that children or teens are using ecigs, or switching to smoking tobacco after having started vaping. Public health data from the UK (http://www.ash.org.uk/files/documents/ASH_891.pdf) show that “Regular use of electronic cigarettes amongst children and young people is rare and is confined almost entirely to those who currently or have previously smoked.”
• Adoption by non-smokers: E-cigarettes are estimated to be at least 100 times safer that smoking tobacco. Given the low risks and an estimated 1 million American smokers having switched to vaping, it would take 100 million non-smokers starting to vape and no more smokers switching, for ecigs to have a negative impact on public health. Neither of these is likely to happen.
• Smoking cessation: The same document cited above (ASH 2014) noted that 33% of UK vapers have quit smoking. This success rate is 6.6 times higher than that generally reported for FDA-approved NRT products.
o The success rate for smoking cessation in the UK by use of an ecig is 33%
o The number of UK vapers has tripled in the last 2 years
o There are more than 2 million vapers in the UK although some have now totally quit (ceased use of any/all inhalation products)
o About 20% of smokers are now vapers or have totally quit both smoking and vaping by use of an ecig

Since 2009, the FDA, CDC, and Big Pharma-funded CTFK and AAP have falsely accused e-cig companies of target marketing to youth despite no evidence of this

• FDA’s proposed deeming regulation would ban >99% of e-cig products and would give the e-cig industry to Big Tobacco companies and perhaps NJOY,
• e-cigs have helped more than a million US cigarette smokers quit smoking,
• e-cigs target market to adult cigarette smokers and vapers, and virtually all e-cigs have been consumed by adult smokers and former smokers who switched to vaping,
• there is an increasing amount of evidence that nonsmoking youth (or adults) do not use e-cigarettes, do not become a daily vapers, and do not go on to use tobacco,
• 38 states have already banned the sale of e-cigs to minors despite hypocritical opposition by CTFK, ACS, AHA, ALA.

Thank you for your consideration.

Respectfully,

Name Here

 

[Hulamoon]

Done. I also asked whether he believed he could approve control to the same companies that have created such havoc and death with cigarettes, and NOT expect them to add similar poisons and addictive substances to e-cigs for precisely the same reasons as they did with tobacco, also that Hawaii has been at the forefront of reason over hysteria in their their 2014 legislative session. Hope it helps

 

[AgentAnia]

I wrote to Senator Cantwell. Feel free to reuse any or all of the text:

Thank you, DrMA! I was going to spend this morning composing the letter to my two senators, but you've said it better than I ever could. So, taking a few minutes to tailor your text to my personal details, I'm ready to shoot them off. I owe you a big one!

 

[AgentAnia]

Bill,

How can we get you or Julie Woesssner or Dr. Carl Phillips or Dr. Michael Siegel to be called to testify on our behalf? It is very frustrating that experts like yourself are not invited but someone like Jason Healy is called to testify. My guess is that it is all about the "money" and Healy has plenty of it.

We can try, but you have to remember that this is not a fact-finding hearing (as you might expect); it's a well-scripted propaganda drama. All I, for one, expect to take away from it is a better understanding of the ANTZ position and strategy surrounding e-cigarettes and a more detailed understanding of the supporting committee members' political anti-ecig tactics.

That doesn't mean, however, that we shouldn't continue insisting on a fair and open discussion and a balanced representation of witnesses from all sides of the issue. These "public servants" must be called to account* for what they're doing.

*In all my emails to elected representatives at all levels, I make sure to remind them that I monitor their actions on this issue and that I vote accordingly.

 

[wv2win]

We can try, but you have to remember that this is not a fact-finding hearing (as you might expect); it's a well-scripted propaganda drama. All I, for one, expect to take away from it is a better understanding of the ANTZ position and strategy surrounding e-cigarettes and a more detailed understanding of the supporting committee members' political anti-ecig tactics.

That doesn't mean, however, that we shouldn't continue insisting on a fair and open discussion and a balanced representation of witnesses from all sides of the issue. These "public servants" must be called to account* for what they're doing.

*In all my emails to elected representatives at all levels, I make sure to remind them that I monitor their actions on this issue and that I vote accordingly.

I agree with you Ania. When I wrote Senator Isakson, who is on Harkin's HELP committee, I asked him to reach out to Bill G., CASAA and Dr. Michael Siegel and request that they be called to testify. My hope is that if everyone of us, when writing to our Senators, ask over and over again, to call these same people to testify, maybe one of these elected officials will see these names enough times to actually do it.

I don't know what else to do. I think CASAA should advise us on this idea. What if everyone of us put forth a standard request to our senators, asking for the same people to be called to testify.

 

[Roger_Lafayette]

I called Sen. Coats' DC office and got the e-mail of a staffer who said that he'd forward this to Sen. Coats:

Phillip_Pinegar@coats.senate.gov

He also indicated that the Sen. would likely be attending the hearing.

In case it helps, here's my e-mail, including the formatting.

===================================================

(Thanks in advance for bringing these suggested questions to the attention of Sen. Coats!)

Dear Sen. Coats,

[This e-mail consists of a preamble and some suggested questions for the witnesses at the Senate Committee hearing on Electronic Cigarette Advertising for Weds at 2:30pm. To skip the preamble, please scroll down to the second line of asterisks.]

*******************

As you know, Indiana has one of the highest rates of combustible tobacco cigarette smoking in the nation. Fortunately, I am one of those Hoosiers who will no longer contribute to this statistic.

I smoked combustible tobacco cigarettes for nearly four decades. Since January of this year, I have been smoke-free, and am in no danger whatsoever of becoming a combustible tobacco cigarette smoker again (for one thing, I dislike the smell immensely).

Since I was only able to make this transition with the help of electronic cigarettes, I am naturally very concerned about the efforts made by "nanny staters" in the public health community, as well as by similarly-minded politicians at all levels of government, to restrict access by adult combustible tobacco cigarette smokers to these products on the grounds that electronic cigarettes will engender higher rates of combustible tobacco cigarette smoking by minors.

As you may also know, the CDC's survey of Youth Risk Behavior Survey released last week showed that youth combustible tobacco cigarette smoking is at its lowest level since 1991, when the Survey was first initiated - despite years of advertising by the electronic cigarette industry.

Finally, as any patriotic American, I have concerns about the use of government-based public health requirements as a justification to restrict the First Ammendment under the guise of marketing prohibitions: particularly those which are advanced by organizations that have a financial interest in competing products.

This violates two basic principles of freedom which I know you strongly endorse: (1) the notion that the government shouldn't be using its regulatory authority to pick "winners and losers" in the marketplace; and (2) the concept that the First Ammendment protects the marketplace of product advocacy as part of the marketplace of ideas.

*******************

Here are some suggested questions for the witnesses at Wednesday's Senate hearing regarding electronic cigarette advertising:

1) Please define the phrase "marketing to youth" in 1,000 words or less. Can you refer us to any definition of the term "marketing to youth" that might pass muster under the Commercial Speech requirements of the First Ammendment, particularly those that deal with the doctrine of overly broad restrictions?

2) If there is no "litmus test" and/or unambiguously clear set of standards to determine whether a product is "marketed to youth" that would satisfy the requirements of the First Ammendment, do the potential dangers highlighted by your organization and other organizations that have taken stands against electronic cigarette marketing merit a possible Constitutional Ammendment, designed to safegaurd America's youth? (This question is for Dr. Tanski and Mr. Myers, although comment from the other witnesses is invited.)

3) How should a manufacturer of any product other than those which are soley suitable for elderly consumers (e.g. medigap insurance) ensure that they are not "marketing to youth?" In particular - please provide guidance on the following questions regarding product associations involving: (a) activities; (b) celebrities; (c) flavors; (d) events; and (e) social media. In answering these questions, please also address the issue of whether the "youth marketing" designation depends on the intent of the person(s) responsible for creating the advertisements, the text of the advertisements themselves, or both.

3a) Is any marketing appeal involving activity or exertion "marketed to youth," unless the behavior in question is uniquely associated with the elderly or infirm (e.g. using some form of ambulatory assistance, such as a wheelchair)? Please provide standards that are to be used when determining the answer to this question.

3b) Is any maketing appeal based around any celebrity associated with music, movies or sports "marketing to youth," unless the celebrity is visibly middle-aged or older? As before, please provide guidance for manufacturers.

3c) Is any product which is promoted based on a flavor that's sweet or fruit-based "marketed to youth?" What about the colors used in the packaging or advertising (i.e. are there such things as "colors that appeal to youth," or is any presentation of the product or advertising that is not in grey and/or black and/or white by definition an appeal to youth)? Once again, please indicate whether there is a "litmus test" or any other standard - particularly one that could be used for products which are (by definition) unflavored and lacking in an inherent coloration, such as electronic cigarettes.

3d) Is a product marketed via the association with and/or sponsorship of any musical or sporting event "marketed to youth," unless the sport or music is uniquely associated with the aged (e.g. big-band jazz music from the 1930s)? As before, please indicate how this determination is to be made.

3e) If a product is marketed via the use of internet social media such as Facebook, does this always constitute "marketing to youth," unless the appeal falls into one of the areas listed above (e.g. celebrities who are visibly at least middle-aged, or entertainment or other activities which are uniquely associated with those who are at least middle-aged if not older such as such as wheelchair use or 1930s big-band jazz music)? Does it matter which social media are used - e.g. Twitter versus Facebook - or is the test based on the type of appeal (event, activity, celebrity, etc.)?

*******************

Respectfully Yours,

(Name, ph# with area code, and snail-mail address here.)

 

[Roger_Lafayette]

May I suggest that this thread be linked-to on the yellow banner?

************

Also: There is one other point that I haven't seen raised yet, which is suggested by this story/study: http://www.medicalnewstoday.com/articles/278313.php [do I really need to break the link?]

Vaping is particularly prevalent among combustible tobacco cigarette smokers under the age of 30, who are using vaping as a means to quit smoking. By asking the government to target and prohibit advertising to this group, CFTFK and other organizations are depriving the people who could achieve the greatest benefit from vaping of information about it, despite the fact that the research shows that virtually all of these vapers are combustible tobacco cigarette smokers who are using vaping as a way to quit.

The authors of the study in BMJ Tobacco Control do provide the typical choice "concerns, worries, unknowns and fears" about "renmormalization" of smoking, in keeping with the principle that solid public health science reserach findings consist in part of researchers' emotions.

 

[wv2win]

Rodger, based on your email to your senator, you are implying that this hearing is only about how PV's are marketed. Is that the main point of the hearing? I guess being the Commerce committee, that makes sense but I am concerned the hearing my devolve into an endorsement of the Deeming Regulations for other reasons.

 

[Roger_Lafayette]

Rodger, based on your email to your senator, you are implying that this hearing is only about how PV's are marketed. Is that the main point of the hearing?

Yes, that is indeed the main point of the hearing as I read the description: Hearings - U.S. Senate Committee on Commerce, Science, & Transportation

I guess being the Commerce committee, that makes sense but I am concerned the hearing my devolve into an endorsement of the Deeming Regulations for other reasons.

Well it's too late for my e-mail, it's already been sent. If you or anyone else thinks that questions that broadly address the FDA's proposed rule are appropriate, by all means do as you think best. However it's worth noting that no one from the FDA or any government agency is present among the list of witnesses, and also that the FDA did specifically indicate that they had no authority to regulate marketing (as opposed to sale and distribution) - if my memory serves me correctly on this latter point.

In a nutshell, what the Durbin Report, the CFTFK and other ANTZ orgs are arguing is that all marketing is marketing to youth, unless the product is promoted by someone resembling Rip Van Winkle, sitting in a wheel chair, using adult diapers, and selling MediGap insurance. (Well, Rip Van Winkle is mythical and hence perhaps a cartoon character. Oh well.)

The fact that this characterization is overbroad and therefore unconstitutional is merely a consequence of targeting something like 99% of all product and service marketing, and thus amounting to a poorly-disguised proposal for an outright ban on all advertising - one that would even go beyond the existing permissible restrictions on advertising combustible tobacco cigarettes. That's the point of my questions, which persumably aren't going to be asked "as is."

 

[BigKev77]

I sent my senator, Mark Pryor, a letter. It won't do any good though. The idiot refers to eliquide as liquid tobacco so you know where he stands. I also sent his opponent in the upcoming election a letter.

 

[bigdancehawk]

I've sent emails to both Roy Blunt and Claire McCaskill.