US Senate Appropriations Cmte approves bill urging FDA to issue "deeming" regulation for unregulated tobacco products, including e-cigarettes

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Placebo Effect

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I had an 11:30 am meeting today (Saturday) with our law firm's two $300\hour and one $500\hour lawyer. They disclosed they also represent 3 other North Carolina E-Cig companies. They are not worried about this proposed legislation for several reasons. The two most important are the following:

1) The US Supreme Court has ruled that the FDA does not have jurisdiction over e-cig juice. The ATF does.
2) The US House of Representatives would never pass such a ban.

Blue would never have been bought for $150M if the buyer considered this a threat.

Everyone needs to relax and take a deep breath.

Your lawyers completely misread Judge Leon's opinion. If they represent 3 other e-cigarette companies, those lawyers need to get on the phone with Bill Godshall in the next week and get a better grasp on the implications of the deeming regulation.

You are correct that people shouldn't be panicking and cluttering up the thread with talk about stocking up on supplies.
 

Luisa

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Your lawyers completely misread Judge Leon's opinion. If they represent 3 other e-cigarette companies, those lawyers need to get on the phone with Bill Godshall in the next week and get a better grasp on the implications of the deeming regulation.

You are correct that people shouldn't be panicking and cluttering up the thread with talk about stocking up on supplies.
Yes,and we need to keep bumping this thread so more people become aware of this serious problem--and take time to write a letter to their Rep and/or Senator--if they are on the Senate or House Appropriations Committee. The Republicans on this committee really need to receive letters from their constituents.Many of these Republicans who voted for this Bill serve on the Senate HHS committee with Durbin,Landrieu,etc. We need vapors in South Carolina,Kentucky,and Tennessee to contact their Senator concerning their displeasure with the Senators" vote--and intelligently explain the reasons for your displeasure. Maybe Volcalek will post the link that shows which Senators voted for this bill. If your Senator did,in fact, vote for this bill please contact them--by snail mail or a telephone call or a visit to one of their District offices.If your Senator voted against it,thank them! It is amazing what can be done if we all work together.
 

Luisa

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Yes,and we need to keep bumping this thread so more people become aware of this serious problem--and take time to write a letter to their Rep and/or Senator--if they are on the Senate or House Appropriations Committee. The Republicans on this committee really need to receive letters from their constituents.Many of these Republicans who voted for this Bill serve on the Senate HHS committee with Durbin,Landrieu,etc. We need vapors in South Carolina,Kentucky,and Tennessee to contact their Senator concerning their displeasure with the Senators" vote--and intelligently explain the reasons for your displeasure. Maybe Volcalek will post the link that shows which Senators voted for this bill. If your Senator did,in fact, vote for this bill please contact them--by snail mail or a telephone call or a visit to one of their District offices.If your Senator voted against it,thank them! It is amazing what can be done if we all work together.
OOPS! I should have mentioned which Senator!--Alexander,Tenn--Graham,South Carolina, and Minority Leader McConnell of Kentucky.
 

randyith

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Your lawyers completely misread Judge Leon's opinion. If they represent 3 other e-cigarette companies, those lawyers need to get on the phone with Bill Godshall in the next week and get a better grasp on the implications of the deeming regulation.

You are correct that people shouldn't be panicking and cluttering up the thread with talk about stocking up on supplies.

Respectfully, I will believe what my attorneys have said. Time will tell.

I do agree about the likelihood of heavy taxation.
 

Placebo Effect

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dagnagan

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This is a ROUGH draft of a letter to Sen. Graham (I'll add the "Honorables" and stuff later). I'm posting it because I don't think I fully understand the immediate issue, and really need someone, or several someones, to read and correct what I've written.

I haven't checked to see about House members yet, but my Congressman is Jim Clyburn, and I wouldn't waste a stamp asking him to do anything that would cause his leadership to get all frowny.


Senator Graham;

I have long been an admirer of your intelligence and political skills, and proud that you are my senator. So I was very disappointed to read recently that you supported Sen. Durbin's amendment to the appropriations bill urging the Food and Drug Administration to promulgate regulations on "other" tobacco products.

Although the language in the amendment emphasizes regulation of flavored cigars (using some very shaky justification), pressure on the FDA to issue deeming regulation for other tobacco products could very well push the agency toward actions that will have serious and harmful effects on the health of millions of citizens.

I was a smoker for 52 years until I discovered the electronic cigarette, which all of the research so far shows to be at least 95 percent safer than cigarettes (the FDA's misleading 2009 press release notwithstanding). Many other former smokers are improving their health and lengthening their lives by using various forms of smokeless tobacco such as snus or dissolvables. I believe that a deeming regulation would make all of these products unavailable in the short term, expensive and user-unfriendly in the long run.

The FDA's bias against tobacco harm reduction and its willingness to conceal the truth about safer alternatives is undeniable. It is simply frightening to me that having at last freed myself from cigarette smoke, that agency is being urged to take actions that may drive me back to it.

Please use the influence you have to urge the FDA to change its stance toward tobacco harm reduction, to be more truthful in its communications about the relative dangers of various tobacco products, and to proceed cautiously before regulating several million former smokers back into smoking.


Sincerely
 
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Luisa

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This is a ROUGH draft of a letter to Sen. Graham (I'll add the "Honorables" and stuff later). I'm posting it because I don't think I fully understand the immediate issue, and really need someone, or several someones, to read and correct what I've written.

I haven't checked to see about House members yet, but my Congressman is Jim Clyburn, and I wouldn't waste a stamp asking him to do anything that would cause his leadership to get all frowny.


Senator Graham;

I have long been an admirer of your intelligence and political skills, and proud that you are my senator. So I was very disappointed to read recently that you supported Sen. Durbin's amendment to the appropriations bill urging the Food and Drug Administration to promulgate regulations on "other" tobacco products.

Although the language in the amendment emphasizes regulation of flavored cigars (using some very shaky justification), pressure on the FDA to issue deeming regulation for other tobacco products could very well push the agency toward actions that will have serious and harmful effects on the health of millions of citizens.

I was a smoker for 52 years until I discovered the electronic cigarette, which all of the research so far shows to be at least 95 percent safer than cigarettes (the FDA's misleading 2009 press release notwithstanding). Many other former smokers are improving their health and lengthening their lives by using various forms of smokeless tobacco such as snus or dissolvables. I believe that a deeming regulation would make all of these products unavailable in the short term, expensive and user-unfriendly in the long run.

The FDA's bias against tobacco harm reduction and its willingness to conceal the truth about safer alternatives is undeniable. It is simply frightening to me that having at last freed myself from cigarette smoke, that agency is being urged to take actions that may drive me back to it.

Please use the influence you have to urge the FDA to change its stance toward tobacco harm reduction, to be more truthful in its communications about the relative dangers of various tobacco products, and to proceed cautiously before regulating several million former smokers back into smoking.


Sincerely
Very nice letter. Maybe Placebo effect,Volkelt,or Bill Godshall would be able to help you with any details you might add. They have a greater depth of knowledge than I do concerning the effects of this proposed bill. It is confusing--other than the fact we know it is not positive for us. You should write more letters--they are good!
 

Luisa

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OOPS! I should have mentioned which Senator!--Alexander,Tenn--Graham,South Carolina, and Minority Leader McConnell of Kentucky.
I am nothing if not persistent! I will keep bumping this thread because I feel it is so important. We need some folks from Kentucky,Tennessee to write letters Alexander and McConnell. If they have a district office in your area--go visit with their staffer. One vapor is working on Graham in South Carolina. We need more South Carolina vapors to write letters to Graham--and go by one of his District offices. The staffers keep records of the voters comments on legislation--the more people that express a dislike for a piece of legislation,the more attention the Senator will pay to our opinion. Inform yourself about this legislation and its possible effects on vapors. Then compose that letter and send it! I will list the Senators that voted against this piece of proposed legislation and a thank you can be sent to them! That will be my next bump.
 

sanjosse

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Just curious.

What role does the United States Surgeon General play in all of this if any?

What are VADM. Regina Benjamin's views on e-Cigarettes and e-Liquids in their Current form?

zoiDman,

I agree, it would be nice to know where she stands on this issue. Here's her bio's opening paragraph (relevant in bold);

Regina M. Benjamin, MD, MBA is the 18th Surgeon General of the United States. As America’s Doctor, she provides the public with the best scientific information available on how to improve their health and the health of the nation. Dr. Benjamin also oversees the operational command of 6,500 uniformed public health officers who serve in locations around the world to promote, and protect the health of the American People.

I did a search on their website, and didn't find anything related to e-cigs or electronic cigarettes. So I think it's time to ask her. Unfortunately, since she doesn't have an email address, the only way to contact her is by the following means;

Fax: 240-453-6141
Telephone: 240-276-8853

Mailing address:
Tower Building
Plaza Level 1, Room 100
1101 Wooton Parkway
Rockville MD 20852
 

zoiDman

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zoiDman,

I agree, it would be nice to know where she stands on this issue. ...

The Surgeon General would have been the FIRST person I would have gone after when rumors of Bans, Regulation and Taxations started about 2 years ago.

Perhaps the Surgeon General couldn’t be swayed to be a “Friend” of e-Cigarette use, but any Sympathy towards the issues is better than having a Hard Liner in that Position.
 

kristin

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Just curious.

What role does the United States Surgeon General play in all of this if any?

What are VADM. Regina Benjamin's views on e-Cigarettes and e-Liquids in their Current form?

Historically, the SG has been resistant to tobacco harm reduction. The current SG is no better at avoiding hysterical and sweeping generalizations of tobacco used by the ANTZ

“The chemicals in tobacco smoke reach your lungs quickly every time you inhale causing damage immediately,” Benjamin said in releasing the report. “Inhaling even the smallest amount of tobacco smoke can also damage your DNA, which can lead to cancer.”

"Over the last two years we have stepped up efforts to reduce tobacco use, including implementing legislation to regulate tobacco products, investing in local tobacco control efforts and expanding access to insurance coverage for tobacco cessation" said Secretary of Health and Human Services Kathleen Sebelius. "This will remain a key priority of this Administration."

Notice the casual interchanging of "smoking" and "tobacco use?"

She also claimed in a 2010 report:
Even brief exposure to secondhand smoke can cause cardiovascular disease and could trigger acute cardiac events, such as heart attack.

Which is simply not true and designed to continue the war on smokers.

In a 2012 report, she equates all tobacco use without recognizing that smoke-free tobacco is better than smoking:

Rates of decline for cigarette smoking have slowed in the last decade and rates of decline for smokeless tobacco use have stalled completely.

She also calls nicotine addiction the "most serious" health effect of tobacco use!
One of the most serious health effects is nicotine addiction, which prolongs tobacco use and can lead to severe health consequences. The younger youth are when they start using tobacco, the more likely they’ll be addicted.

And blames youth initiation on tobacco companies, when there is no evidence tobacco advertising raises youth initiation rates, ignoring that tobacco industry ads have been severely curtailed, yet youth initiation hasn't gone down much in 20 years.

Tobacco companies spend more than a million dollars an hour in this country alone to market their products. This report concludes that tobacco product advertising and promotions still entice far too many young people to start using tobacco.

Seriously - who here started smoking because of industry advertising??

Based on her ANTZ rhetoric regarding tobacco and nicotine, I can safely guess that e-cigarettes and THR are not something welcomed by the current SG.
 

zoiDman

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Historically, the SG has been resistant to tobacco harm reduction. The current SG is no better at avoiding hysterical and sweeping generalizations of tobacco used by the ANTZ

...

I’m not surprised to hear that the SG isn’t in Love with e-Cigarettes.

I would still want to have that Agency on the List of Government Bodies to be sent Pro e-Cigarette Study Results and Related Documentation.

Even having the SG Acknowledge that e-Cigarettes is some form can be an Alternative to Smoking is better than having them Completely on the Other Side of the Issue.
 

kristin

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If I remember correctly, someone did write the SG a couple of years ago and the reply they received was basically a quote of the FDA statement about carcinogens and antifreeze.

I'm just not holding too much hope for this SG. If she cannot even acknowledge scientifically-proven THR facts about smoke-free tobacco and basically lies about nicotine, she won't see continued addiction to e-cigarettes as any sort of compromise. It seems to be "quit or die" for her. Doesn't mean we wouldn't continue to fill her in on the scientific evidence of e-cigarettes as it comes available, but I don't hold high hopes for changing her mind. She's apparently an ANTZ and no amount of reasoning or science gets through their zealotry. Unfortunately, I foresee having to work around her and over her rather than ever getting her on our side.
 
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