Starkville, MS – Stop an Indoor Vaping Ban! (Update)

(Update – 09.20.17)

Last night, a small handful of advocates and business owners were able to mobilize on short notice and speak in opposition to Starkville’s proposed ordinance to treat vaping like smoking. The debate among city aldermen focused on which version of the ordinance they should move forward with–one criminalizes possession for <21, and the other does not.

No decision was made and a second hearing is expected in October.

We will update this post as information becomes available. In the meantime, THANK YOU to everyone who responded to this alert and a special THANK YOU to those who were able to attend the meeting.

(Original Post – 09.19.17)

The Starkville City council will have the first public hearing for an amendment that would add vaping to the city’s indoor smoking ban tonight

TUESDAY, SEPTEMBER 19, 2017

5:30 P.M.

COURTROOM

CITY HALL 110 WEST MAIN STREET

The proposed ordinance is item “C” under the public hearing section of the agenda.

Please make plans to attend this hearing and make your voices heard.

You can refer to our suggested talking points on this issue to help craft your comment (see below or click here)

Even if you do not plan to speak, your presence is important as it demonstrates the numbers of people who are affected by this issue. Please be polite but passionate about your comment and respect the decorum of the hearing room.

Contact information for City Aldermen

Staff
Name Title Email Phone
Carver, Ben Alderman, Ward 1 b.carver@cityofstarkville.org (662) 769-0792
Sistrunk, Sandra C. Alderman, Ward 2 s.sistrunk@cityofstarkville.org 662-418-4574
Little, David Alderman, Ward 3 d.little@cityofstarkville.org 662 418-9918
Walker, Jason Alderman, Ward 4 j.walker@cityofstarkville.org 662 617-0130
Miller, Patrick Alderman, Ward 5 p.miller@cityofstarkville.org (662) 418-8978
Perkins, Roy A’. Vice-Mayor; Alderman, Ward 6 royaperkins@hotmail.com (662) 324-7300
Vaughn, Sr., Henry N. Alderman, Ward 7 h.vaughn@cityofstarkville.org 662-769-5049; 662-323-2400

Comma delimited email list:

b.carver@cityofstarkville.org, s.sistrunk@cityofstarkville.org, d.little@cityofstarkville.org, j.walker@cityofstarkville.org, p.miller@cityofstarkville.org, royaperkins@hotmail.com, h.vaughn@cityofstarkville.org

(Did you find this post helpful? Help us continue working to keep vaping accessible to the people who need it the most! Please donate to CASAA!)

____________________________________________

Suggested Talking Points – Place Ban

  • (Please choose a few of the points below — topics you are most comfortable discussing.)
  1. You are a resident and you oppose banning e-cigarette use where smoking is prohibited. (If you are responding to a Call to Action or Local Alert for a city or state in which you are not a resident, please mention any connection you have to the area, for example, you travel there on vacation or have friends/family in the area.)
  1. Other governments are taking exactly the opposite approach; Public Health England (the government public health agency) and The Royal College of Physicians (a 500 year old association of 32,000 medical professionals in the UK) recently explicitly endorsed a policy of encouraging smokers to switch to e-cigarettes and vapor products (https://www.gov.uk/government/publications/e-cigarettes-an-evidence-update) (https://www.rcplondon.ac.uk/projects/outputs/nicotine-without-smoke-tobacco-harm-reduction-0).
  1. Tell your story on how switching to an e-cigarette has changed your life. (Avoid using slang terms such as “juice.”)
  1. Clarify that:
    1. Smoking bans are ostensibly enacted to protect the public from the harm of secondhand smoke, but e-cigarettes have not been found to pose a risk to bystanders. In fact, all evidence to date shows that the low health risks associated with e-cigarettes are comparable to other smokeless nicotine products.
    2. The low risks of e-cigarettes is supported by research done by Dr. Siegel of Boston University, Dr. Eissenberg of Virginia Commonwealth, Dr Maciej L Goniewicz of the Roswell Park Cancer Institute, Dr. Laugesen of Health New Zealand, Dr. Igor Burstyn of Drexel University, and by the fact that the FDA testing, in spite of its press statement, failed to find harmful levels of carcinogens or toxic levels of any chemical in the vapor.
    3. A comprehensive review conducted by Dr. Igor Burstyn of Drexel University School of Public Health based on over 9,000 observations of e-cigarette liquid and vapor found “no apparent concern” for bystanders exposed to e-cigarette vapor, even under “worst case” assumptions about exposure.
    4. Electronic cigarette use is easy to distinguish from actual smoking. Although some e-cigarettes resemble real cigarettes, many do not. It is easy to tell when someone lights a cigarette from the smell of smoke. E-cigarette vapor is often practically odorless, and generally any detectable odor is not unpleasant and smells nothing like smoke. Additionally, e-cigarette users can decide whether to release any vapor (“discreet vaping”).  With so little evidence of use, enforcing use bans on electronic cigarettes would be nearly impossible.
    5. The ability to use electronic cigarettes in public spaces will actually improve public health by inspiring other smokers to switch and reduce their health risks by an estimated 99%.
    6. Losing the ability to test e-liquids before purchasing will have a significant and negative impact on your ability to purchase/sell e-liquids.
    7. Many smokers first try e-cigarettes because they can use them where they cannot smoke, however, they often become “accidental quitters.” This is a documented phenomenon unique to e-cigarettes. It may take a few months or only a few days, but they inevitably stop smoking conventional cigarettes. This is why including e-cigarettes in smoking bans could have serious unintended consequences!
    8. By making e-cigarette users go outdoors, the City will also be sending a strong message to traditional smokers that e-cigarettes are no safer than smoking. This will actually maintain the number of smokers, rather than help reduce smoking. This is a far more realistic risk to public health than any unfounded concerns about possible youth or non-smoker use uptake. In fact, the most recent report by the CDC showed that the dramatic increase in e-cigarette use over that past 3 years has not led to an increase in youth smoking. Youth smoking of traditional cigarettes continues to decline to record low levels.
    9. The children of smoking parents are far more likely to become smokers than the children of non-smoking parents who see smoking behaviors in public. The children of smoking parents who quit aren’t any more likely to smoke than those of non-smoking parents. Prohibiting vapor products in public does little to protect the children of non-smoking parents from becoming smokers, but significantly increases the likelihood that many smoking parents won’t switch to e-cigarettes. This only serves to keep the highest-risk children at risk.
    10. E-cigarette use does not promote the smoking of traditional cigarettes, nor does it threaten the gains of tobacco control over the past few decades. In fact, by normalizing e-cigarette use over traditional smoking, the efforts of tobacco control are being supported. If anything, e-cigarette use denormalizes conventional smoking by setting the example of smokers choosing a far less harmful alternative to traditional smoking. The CDC surveys clearly show that there has been no “gateway effect” causing non-smokers to start smoking. As e-cigarettes have become more popular, all available evidence is showing that more and more smokers are quitting traditional cigarettes, including youth smokers.
    11. Important Note: A typical and frequent lawmaker response to e-cigarette users who object to public use bans is “We aren’t banning all use or sales, just use where smoking is also prohibited.” Don’t give them the opportunity to counter you in that way! Make it very clear that you understand that this is not a ban of e-cigarette sales or a ban of e-cigarette use where smoking is allowed. But, what IS being proposed is still a step backward in public health, not a step forward.

5) Direct them to the CASAA.org website, as well as the CASAA Research Library, for more information.

This article was originally published at CASAA
Author: Alex Clark

Posted in Active, All posts, Call to Action, Calls To Action, e cigarettes, indoor use ban, Indoor Vaping Ban, Local Alert, Mississippi, MS-CTA-current, News, Smokeless Tobacco, Starkville, Vaping, Vaping News | Comments Off on Starkville, MS – Stop an Indoor Vaping Ban! (Update)

CT – Take action to stop and outrageous tax on vaping!

On September 8, 2017, Governor Dannel Malloy delivered a compromise budget to the Connecticut legislature that contains an outrageous 75% wholesale tax on vapor products and a $2.00/oz hike in the tax on smokeless tobacco (bringing the total tax to $3.00/oz).

Complicating matters is the fact that Connecticut has been without a budget for more than two months. This is contributing to an urgency to pass this budget this week.

Please take action now and send a message to Governor Malloy and key lawmakers in the Connecticut legislature urging them to remove this tax proposal from the 2018-2019 budget.

Remember to make a call today too. The important numbers and talking points for you to use on your call are listed below.

Governor
Dannel Malloy 1.860.566.4840
Joint Committee on Appropriations
Paul M. Formica (R-S20) Co-Chair 1.800.842.1421
Catherine A. Osten (D-S19) Co-Chair 1.860.240.0579
Toni E. Walker (D-H093) Co-Chair 1.860.240.8585
Melissa H. Ziobron (R-H034) Ranking Member 1.860.240.8700

When you call, your message is simple:

  • State that you are opposed to enacting a 75% wholesale tax on vapor products.
  • “Please do not raise taxes on low-risk, smoke-free tobacco and nicotine products.”
  • Share your story about how vaping or switching to a low-risk tobacco product has helped you.

This article was originally published at CASAA
Author: Alex Clark

Posted in All posts, e cigarettes, News, Smokeless Tobacco, Vaping, Vaping News | Comments Off on CT – Take action to stop and outrageous tax on vaping!

More Evidence Suggests E-Cigarettes Help Some Smokers Quit

By Tara Haelle 

Forbes.com

Since the arrival of e-cigarettes, debates have raged in public health and research circles about their value and risks. Can they actually help people stop smoking for good? How much harm can they cause? How does that harm compare to the harm from smoking tobacco cigarettes? Do e-cigarettes increase the risk that kids will start smoking? A cherry-picker could find studies to support any position on any of these questions, but it takes time for enough researchers to conduct enough high-quality studies that a consensus can emerge. On the first question — can e-cigarettes help some people quit smoking — that consensus is increasingly pointing to “Yes.”

But — as with so much in health and behavior research — it depends. A new studywhose methods are more granular than in past studies has started to tease out what makes the difference and who is most likely to benefit. The basic finding: the more days you use e-cigarettes, the more likely you are to successfully quit.

“Results revealed that greater frequency of e-cigarette use beyond ever use [using one at least once] and especially with 20 or more days of use in the past month was strongly associated with both having made a quit attempt and a greater likelihood of three months or more of cigarette smoking cessation,” wrote David T. Levy, PhD, and his colleagues at the Georgetown University Lombardi Comprehensive Cancer Center. “The consistency of positive associations with quit attempts or cessation success suggests that more frequent e-cigarette use may be effective as a smoking cessation aid.”

These results supported the findings of another recent study in BMJ that assessed e-cigarette and tobacco smoking rates across the US population over five years.

The research, funded by the National Institute of Drug Abuse and the National Cancer Institute (no industry!), was published today in the journal Nicotine & Tobacco Research. By no means will this study put to rest the debate between those who say e-cigarettes can’t be a cessation tool and those who say it can (including thousands of people on Twitter who will tell you in a heartbeat, multiple times, that it helped them). But one of its most important contributions is providing a template for how to study this question in a more detailed way than past observational studies.

 “An important part of our study was to distinguish the effect of e-cigarette use on quit attempts and quit success by separating considering the smokers who might attempt to quit and those that have actually made a quit attempt,” the authors wrote.

The researchers used the same data source as the BMJ study and even past studies finding less evidence for e-cigarettes as smoking cessation tools, the Tobacco Use Supplement survey used in the annual Current Population Survey conducted by the Census Bureau. This survey asks detailed questions about smokers’ habits, quit attempts and quit success.

The data for this study came from the 2014-2015 survey and included 23,633 smokers, just under half of whom (10,973) had attempted at least once to quit smoking. Most of those who tried to quit didn’t succeed, a total of 8,419 people. But 1,596 people had remained successful for at least 3 to 12 months, 623 of them had quit one to three months before the survey, and 335 had just quit within the past month. By analyzing survey responses in these individual groups about who had used e-cigarettes and how often, the researchers were able to analyze the link between e-cigarettes and quitting more closely.

They found that smokers who used an e-cigarette only once or a few times were less likely to successfully quit, a possible reason for some past studies’ findings that e-cigarettes didn’t help if those studies lumped together people who had ever tried an e-cigarette and those who used them more frequently. But for those who used e-cigarettes more often, especially the longer they used them, the success rate went up. Each additional day of e-cigarette used increased the odds of successfully quitting by about 5%, the researchers found. Using e-cigarettes for at least five days in a month increased the odds of quitting by 59%, and using them at least 20 days more than doubled the odds.

These calculations also took into account other factors that could have influenced people’s success rates, including the average price of cigarettes in their state, laws in their state related to smoking, use of smokeless tobacco, how often they smoked, gender, age (broken down into very small groups), race/ethnicity, income, educational level, marital status, employment status and living in a rural or urban area. The others suggested that a study in 2010 using the same data source might have found e-cigarettes less helpful at helping people quit because e-cigarettes were not as sophisticated as they are today, especially in delivering bigger doses of nicotine.

As with any research question, it will require many more studies to parse out who e-cigarettes can help quit smoking and the best way to use them, and too little information exists about long-term potential for harm from e-cigarettes. But all the evidence to date suggests that e-cigarettes are not nearly as harmful and life-threatening as tobacco use, so e-cigarettes appear to be a viable quitting option, the researchers note, for those who don’t succeed with other methods.

Posted in All posts, e cigarettes, e-cigarette, News, nicotine, Smoking/nicotine addiction, Uncategorized, Vaping, Vaping News | Tagged , | Comments Off on More Evidence Suggests E-Cigarettes Help Some Smokers Quit

NYC’s Anti-tobacco and -vaping package passed – Update and Digest

Update – 08.11.17

On Wednesday, August 9th, The New York City Council voted to pass a package of anti-tobacco and anti-vaping ordinances. Please see the table below for a digest of each law that was passed and their effective dates.

Bill Number Description Effective Date
Int. No 0484-A – Prohibits smoking and vaping in the common areas of ALL multiple dwellings. Existing law limits this prohibition to buildings containing more than ten dwelling units. 180 days

after becoming law

Int. No 1131-B – Prohibits the sale of Tobacco and Vapor products in pharmacies.

– §3. (Effective following enactment) No pharmacies can apply for a new dealer’s license. Renewals will only be valid until Dec. 31, 2018.

Jan-01-2019
Int. No 1471-A – Increases biennial retail cigarette dealer license fee from $110 to $200. See effective dates for

Int. No 1547-A

Int. No 1532-A – (Effective 360 days after becoming law) Requires anyone selling electronic cigarettes to have an electronic cigarette retail dealer license for EACH place of business where e-cigarettes are sold.

– Prohibits pharmacies from obtaining an electronic cigarette retail dealer license.

– Establishes a 90 period that begins when the law is enacted in which existing vapor retailers are able to apply for a new license. After this 90 period, no new licenses will be issued.

– (Effective Immediately) The commissioner of consumer affairs must publicize the 90 application period to maximize awareness.

– Establishes biennial licensing fee of $200

– Establishes a community district electronic cigarette retail dealer cap. This cap will be set at HALF the number of licenses issued during the 120 period following the expiration of the 90 application period.

– Electronic retail dealer licenses are allowed to be sold but are only valid for the property that was originally licensed. Effectively, these licenses are non-transferrable.

– Establishes financial penalties for violations (Effective date: See Int. No 1544-B)

– Establishes penalties for violation and grounds for revoking licenses.

150 days

after becoming law

(see exceptions in description)

Int. No 1544-B – §3 Establishes price floors and taxes for other tobacco products (OTP). This includes a price floor for low-risk products like American moist snuff and Swedish snus which is set at $8.00. (please see the table on page 6 of the bill for more details)

– Expands the existing cigarette licenses to include OTP henceforth referred to as “tobacco dealer license.”

– Raises the price floor for cigarettes from $10.50 to $13.00.

– §17 Establishes minimum package sizes for cigarettes and OTP.

– §18 Prohibits delivery of cigarettes, OTP, and e-cigarettes by foot, bicycle, or any motor vehicle outside of a retail dealer’s place of business.

The first day of the calendar month next following the 270th day after it becomes law, provided that subdivision b of §17-704.1 of the administrative code of the city of New York, as added by §18 of this local law, takes effect 150 days after it becomes law.
Int. No 1547-A – §10, subdivision e directs the commissioner of finance to establish a community district retail dealer cap for each community district in the city. This cap will be set at HALF the total number of licenses issued excluding retail dealer licenses issued to pharmacies. 180 days

after becoming law

Int. No 1585-A – Requires owners of co-ops and condominiums to adopt and disclose smoking policies. 365 days

after becoming law

Related:

This article was originally published at CASAA
Author: Alex Clark

Posted in e cigarettes, Licensing, New York, New York City, News, NYC, Price Floor, Smokeless Tobacco, snus, tax, tobacco tax, Vaping | Comments Off on NYC’s Anti-tobacco and -vaping package passed – Update and Digest

NYC – Take action to stop a package of anti-THR ordinances

A package of ordinances that were introduced in April in New York City aimed at raising the floor price of tobacco products, prohibiting tobacco sales in pharmacies, adding further restrictions on where people can smoke and vape, and enacting a moratorium on retailer licenses are heading back to the NYC Health Committee on

10:30 AM

250 Broadway, Committee Room, 16th Fl.

An ordinance (Int. No 1532), which would require licenses for anyone selling vapor products and stop issuing licenses within 90 days of becoming law, is scheduled for a hearing on

Please make plans to attend this hearing. Even if you do not plan to speak, your presence is important as it demonstrates the large numbers of people affected by this issue.

Please take action NOW by sending a message to members of the Committee on Health urging them to oppose this ordinance!

 

Consumers and business owners need to be aware that, although this is a separate licensing regulation for vapor retailers, it is not a beneficial consideration. The city intends to cap the number of vapor retailers at half the current number, by community district, in the five boroughs and phase them out of business over time.

This article was originally published at CASAA
Author: Alex Clark

Posted in Calls To Action, e cigarettes, Licensing, Licensing Cap, Local Alert, New York, New York City, News, NY-CTA-current, Price Floor, Smokeless Tobacco | Comments Off on NYC – Take action to stop a package of anti-THR ordinances

FDA’s New Approach to Nicotine Regulation – What’s In and What’s Out

On Friday, July 28th, FDA Commissioner Dr. Scott Gottlieb announced the agency’s new vision for tobacco regulations. As stated, the central driving force behind the proposed shift in policy is the commitment to reduce the harms caused by combustible tobacco use. The most immediately significant part of Commissioner Gottlieb’s announcement is a proposal to extend the deadline for pre-market tobacco approval applications (PMTA) for newly-deemed tobacco products to August 8th, 2022. FDA will issue guidance on the matter soon.

  • Proposed new deadline for submission of PMTA applications is August 8, 2022
  • Compliance deadlines that have already passed are not affected.
  • Future compliance deadlines (here) for warning statements, ingredient listing, health document submissions, harmful and potentially harmful constituents (HPHC) reports, and the removal of modified risk claims are not affected.

Although Friday’s announcement is a clear signal that the FDA is granting the vapor industry a four-year stay of execution, it bears repeating that this is simply a delay. Commissioner Gottlieb included several pressing issues that concern the vaping community, future vapor consumers, and tobacco harm reduction (THR) advocates, all of which will need to be addressed in short order so that 2022 isn’t just another cliff edge.

Proposed regulation of nicotine content in cigarettes

The proposed policy shift for the FDA centers around refocusing the agency’s regulatory efforts to address the “astonishingly addictive” nature of nicotine. Specifically, the FDA is targeting nicotine delivered via smoking and will be considering a rule that would mandate lower nicotine levels in cigarettes. By forcing manufacturers to produce cigarettes that are, in theory, less or non-addictive, FDA speculates that young people who are at risk for initiating smoking will quickly lose interest or, if they go on to become regular smokers, will have an easier time of quitting.

Very low nicotine content (VLNC) cigarettes are not a new idea and this raises questions that stakeholders and public health advocates will need to tackle. Probably the most immediate concern is how consumers will react to lower nicotine levels: Does such a mandate create an underground market for full-strength cigarettes and will smokers just end up smoking more? Appropriately, these questions will be addressed during the rulemaking process.

As the discussion on vapor products moves toward standards-based regulation and given FDA’s notice of intent to seriously consider limiting the nicotine content in combusted cigarettes, it is worth raising the concern now that we will be having a conversation about nicotine limits for e-liquid and possibly smokeless tobacco. Regulations in the EU have already set the precedent which has spilled into policy being debated in Australia. There is little reason to believe that this won’t be part of the discussion in the US going forward.

Proposed regulation of flavored cigars and noncombustible nicotine products

Unsurprisingly, the FDA will be taking a hard look at flavored tobacco and nicotine products, menthol cigarettes, and using the rulemaking process to issue product standards. While much of the discussion around flavors still revolves around the effect on young people, Commissioner Gottlieb has already started to shift this conversation. Most notably, his comments during his Senate confirmation hearing signaled a potentially more enlightened view of the role flavors play in helping smokers transition to low-risk nicotine products. Going forward, it is vital that the agency’s investigation into flavors is framed around what will benefit smokers and vapers the most.

Many, including CASAA, believe the conversation about flavored nicotine products is more appropriately framed as a discussion about marketing. There are nuances when we talk about marketing, most importantly, establishing the boundaries of the first amendment. It should suffice to say that any regulation regarding marketing standards can not be reduced to “I know marketing-to-children when I see it.” However, the standards should not be so strict that consumers are less interested in the products or left largely in the dark about their pleasurable elements.

Consumer engagement on flavor/marketing standards is paramount and cannot be left to agenda-driven researchers. Although there is cause for celebration over the announcement of FDA’s new vision for tobacco and nicotine regulation, policy change is slow, especially when the walls of long-held beliefs are high. Challenging the decades-old narrative that flavors in tobacco (and nicotine) products exist solely to entice children to become addicted is still necessary–now more than ever.

Clear guidance regarding PMTA, MRTP, and SE applications

Since 2009, the pathway to premarket approval for tobacco products has been fraught with uncertainty. This lack of clarity in the FDA’s expectations regarding the information required to successfully bring a product to market or advertise it as lower risk is presenting financial and paperwork hurdles that very few can overcome. Revising the FDA’s guidance regarding the approvals process is a necessary step in creating a regulatory environment where innovation can occur and low-risk products can more easily be sold.

While a PMTA deadline delay is important to keeping low-risk vapor products on the market for the next four years, the temporary reprieve will be all-for-naught if only a few products will be available after August of 2022.

What’s missing from FDA’s announcement

Grandfather Date

Significantly, FDA did not address modernizing the predicate date for newly-deemed products. Although there was mention of revisiting the agency’s backlog of substantial equivalence (SE) applications and the SE pathway, there is no indication, at this time, that Commissioner Gottlieb will be using FDA’s discretion to enforce a modern predicate date. The February 2007 grandfather date is still a massive barrier to innovation and keeping most vapor products on the market after 2022.

CASAA is asking our members to continue contacting their representatives and urging them to support HR 1136. This bipartisan bill is playing a vital role in keeping the conversation about predicate products and the need to modernize the grandfather date alive. Please visit www.august8th.org to take action.

Updated Language

Even though the FDA is signaling that it will be taking an enlightened approach to regulating reduced- and low-risk tobacco and nicotine products, some of the language used to communicate this policy shift is reminiscent of the old tobacco control playbook. Phrases like “for those who need [nicotine]” and “astonishingly addictive” ignore an evolving understanding of how and why people use nicotine. It also ignores the complexities of substance use and perpetuates the misunderstanding that chemical dependency = addiction = harm.

CASAA has long been a proponent of communicating the benefits of harm reduction without using the language of our opponents. Sometimes, appropriating phrases can be useful in lampooning absurd policies, but in a serious discussion about public health strategy, using the language of our opponents has the unfortunate tendency to validate their fact-free claims about harm. If we are truly going to reframe the conversation around nicotine, we need to be thoughtful and vigilant about how we communicate risk. The idea that low-risk alternatives to combusted tobacco exist solely as a means to achieving complete nicotine or smoking cessation is old thinking. Although this idea has its place in discussions about harm reduction, it cannot be the basis of the overall strategy.

Mandating very low nicotine content in cigarettes

The proposal to limit the nicotine content in cigarettes is being presented as a necessary first step in transitioning smokers to low-risk products. In reality, the real first step was taken when the electronic cigarette was invented (of course, prior to the rise in popularity of vaping, smokeless tobacco should have been promoted as a low-risk alternative to smoking). Steps two through three happened when consumers, backyard innovators, and independent manufacturers modified and improved the products that were on the market. All of that to say that the availability of effective and enjoyable low-risk nicotine products has been and currently is the cornerstone of any strategy to reduce the harm of smoking.

What the FDA is proposing, however, is that vapor products need a heavy assist from the government so that smokers will make the decision to use a lower-risk nicotine product. In no uncertain terms, this is just more coercion and flirts dangerously close to prohibition.

As mentioned above, there are new questions of public health to contend with. We are also mindful that states that are dependent on cigarette tax revenue will be looking to replace those dollars as the smoking rate continues to fall. We should be very concerned that the easiest target will be the rest of the tobacco and nicotine category–which is already happening in several states and municipalities.

What does all of this mean for consumers

In theory, the FDA’s recent decision to delay the PMTA deadlines means consumers will continue to have access to the diverse vapor market for several more years. While the extended timeline for compliance means that vapor manufacturers are likely to stick around, the current compliance deadlines will likely translate to slightly increased costs and, as mentioned above, the 2007 grandfather date remains unchanged. Another reality we will face is heightened opposition from groups who would rather see tobacco and nicotine banned completely.

The narrative from the usual tobacco control groups for the past several years is that the lack of federal regulation of vapor products means 1) we can’t be sure how risky the products are and 2) therefore, state and local governments must take action to impose their own strict regulations. Although Friday’s announcement from the FDA is a clear declaration that the agency is moving forward with regulations, anti-tobacco activists continue to spin the news as if the FDA is giving up their authority.

In addition to the predictable press releases in response to the FDA’s announcement, the disinformation coming from tobacco control was on full display during Dr. Jerome Adams’ confirmation hearing to become the next US Surgeon General. When Senator Maggie Hassan (D-NH) asked Dr. Adams about protecting young people from tobacco and nicotine, she introduced the question by stating that the deeming rule had been delayed. While it is true that one aspect of the rule (PMTA compliance) has been extended, the rest of the rule remains unchanged. In fact, as discussed above, the FDA announced that it will be promulgating even more rules in the near future regarding product standards for e-liquid and batteries.

Senator Hassan’s mischaracterization of the FDA’s announcement is very likely to be repeated and exaggerated at the state and local level. Therefore, it is important to remind lawmakers that the deeming rule took effect and the timeline for compliance began on August 8, 2016. That date has not changed. The national minimum legal purchase age for all tobacco and nicotine products is still 18-years-old. Moreover, compliance deadlines for product registration, ingredient listing, toxicology, and warning labels remain unchanged.

While vapor businesses and their consumers have been given a lifeline, there are still sharks in the water. Now, more than ever, it is vital that lawmakers hear from voters about the benefits of vaping and other low-risk tobacco products.

CASAA is urging our members to continue contacting their representatives and urging them to co-sponsor HR 1136 by visiting www.august8th.org.

Your senators also need to hear your stories about how vaping and other smoke-free tobacco products have affected your life. You can find contact information for all of your lawmakers by visiting www.thrvoter.org.

CASAA relies on contributions from our members to provide timely and accurate information about legislative engagement and the benefits of low-risk tobacco and nicotine products. Please donate today! Any amount will go a long way to helping us keep consumers informed and provide opportunities to engage with lawmakers. Thank You!

_________________________________________________________________________

Additional Coverage:

FDA News Release – https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm568923.htm

Dr. Scott Gottlieb’s full remarks – https://www.fda.gov/NewsEvents/Speeches/ucm569024.htm

Brad Rodu – https://rodutobaccotruth.blogspot.com/2017/07/fdas-new-vision-for-tobacco-harm.html

Clive Bates – https://www.clivebates.com/huge-fda-announcement-on-future-tobacco-and-nicotine-strategy/

Jacob Sullum (Reason), “A Cap on Nicotine in Cigarettes Would Be Hazardous to Health” – http://reason.com/blog/2017/08/02/a-cap-on-nicotine-in-cigarettes-would-be

VTA – http://vaportechnology.org/wp-content/uploads/2017/08/FROM-THE-TRENCHES-VTA-UPDATE-AUGUST-1-2017.pdf

SFATA – http://mailchi.mp/sfata.org/sfata-weekly-federal-update-view-from-the-front-lines-c1at2kjhdg-899977?e=2b21cf6c70

This article was originally published at CASAA
Author: Alex Clark

Posted in deeming regulations, e cigarettes, e-cigarette, FDA, FDA deeming, HR 1136, News, nicotine, PMTA, Scott Gottlieb | Comments Off on FDA’s New Approach to Nicotine Regulation – What’s In and What’s Out

The Truth About Vaping Tour — Coming to MT and SD in August

Please join Gregory Conley, the President of the American Vaping Association, as the Truth About Vaping Tour comes to Montana and western South Dakota.

Over 250,000 adults in Montana and South Dakota smoke cigarettes. Many of these people want to quit, but have been unable to do so even with pharmaceutical aides or other traditional methods. For those adults who can’t or won’t quit, what is the solution?

A growing number of medical and public health organizations are advocating a harm reduction approach that urges smokers to quit smoking by switching to vaping products. Last year, the Royal College of Physicians — an international organization representing over 32,000 doctors — released a landmark report concluding that smokers who switch to vaping products avoid “almost all of the harms from smoking.” And in July, the BMJ journal reported that an increase in vaping in the U.S. was tied to higher quit rates.

Yet even with evidence growing, polls show that a growing number of Americans think that vaping is just as bad, if not worse, than smoking. And many public health groups are pushing for the FDA to regulating vaping products far harsher than they do traditional cigarettes.

Join us to get the facts about vaping and other reduced risk products, as well as learn what can be done to keep vaping products legal.

All shows are FREE and open to the public. Must be 18+ to attend. Doors open 45 minutes before all shows.

RSVP requested: There are three options to RSVP — (1) Use the Facebook link for each show; (2) E-mail TruthTourMT @ gmail.com (delete the spaces); or (3) Call 406-318-77973. If emailing or calling, please note your name, the city you are attending, and the number of people in your party.

EVENTS

Monday, August 21 — Missoula, MT (7 – 8:30 pm)

Venue: Fraternal Order of Eagles, 2420 South Ave W., Missoula

Tuesday, August 22 — Kalispell, MT (7 – 8:30 pm)

Venue: VFW, 330 1st Ave. W., Kalispell

Wednesday, August 23 — Great Falls, MT (7 – 8:30 pm)

Venue: Do Bar, 1800 3rd St. NW, Great Falls

Friday, August 25 — Bozeman, MT (7 – 8:30 pm)

Venue: Best Western Plus, 1325 N. 7th Ave, Bozeman

Saturday, August 26 — Billings, MT (7 – 9 pm)

Venue: Hilton Garden Inn, 2465 Grant Road, Billings

Monday, August 28 — Rapid City, SD (7 -8:30 pm)

Venue: Robbinsdale Lounge, 805 E Saint Patrick St

This article was originally published at Vaping.org
Author: Gregory Conley

Posted in AVA News, e cigarettes, Vaping News | Comments Off on The Truth About Vaping Tour — Coming to MT and SD in August

E-cigarettes get help from Trump, but need more from Congress (Washington Examiner)

Advocates of e-cigarettes got some help from the Trump administration last week in their effort to keep a major regulation from taking effect in August. But they still need some help from Congress.

The Trump administration last week moved to delay all regulatory deadlines facing e-cigarette makers. Chief among the deadlines is one requiring e-cigarette makers to submit an application by August with the Food and Drug Administration to get federal approval of their products. Even some products that are on store shelves would have to submit an application alongside any new product applications.

But e-cigarette groups are saying the move to delay the August deadline is only a temporary salve and that Congress is going to need to make any change permanent.

. . .

“If you don’t have your application filed, then it is a felony to continue to sell your product,” said Greg Conley, president of the American Vaping Association. The FDA set a grandfather date of Feb. 15, 2007, which means that any product made before …

Continue reading:
E-cigarettes get help from Trump, but need more from Congress – Washington Examiner

This article was originally published at Vaping.org
Author: Gregory Conley

Posted in e cigarettes, Vaping News | Comments Off on E-cigarettes get help from Trump, but need more from Congress (Washington Examiner)

HR 1136 gains early co-sponsors. Take a moment to say THANK YOU!

If you are not a resident of one of the districts listed below, please Take Action here.

Don’t know who your representative is? You can find them here.

____________________________________

Please take a moment now to send your representative a message of support and gratitude for co-sponsoring The FDA Deeming Authority Clarification Act of 2017 (HR 1136). This bill would change the grandfather date for newly deemed tobacco products to allow for all vapor products currently on the market to remain on the market.

  • Please note: this engagement is limited to people living in the following districts:

HR 1136 Co-Sponsors – Current as of 07.26.17

Rep. Dist. Rep. Dist. Rep. Dist.
Don Young AK-At Large (R) Harold Rogers KY-05 (R) Elise Stefanik NY-21 (R)
Bradley Byrne AL-01 (R) Andy Barr KY-06 (R) Chris Collins NY-27 (R)
French Hill AR-02 (R) Clay Higgins LA-03 (R) Bill Johnson OH-06 (R)
Steve Womack AR-03 (R) Andy Harris MD-01 (R) Steve Stivers OH-15 (R)
Bruce Westerman AR-04 (R) Bill Huizenga MI-02 (R) Markwayne Mullin OK-02 (R)
Kyrsten Sinema AZ-09 (D) John Moolenaar MI-04 (R) Kurt Schrader OR-05 (D)
Jim Costa CA-16 (D) Tim Walberg MI-07 (R) Mike Kelly PA-03 (R)
David Valadao CA-21 (R) Mike Bishop MI-08 (R) Scott Perry PA-04 (R)
Devin Nunes CA-22 (R) Paul Mitchell MI-10 (R) Glenn Thompson PA-05 (R)
Scott Peters CA-52 (D) Tom Emmer MN-06 (R) Tom Marino PA-10 (R)
Scott Tipton CO-03 (R) Collin Peterson MN-07 (D) Lou Barletta PA-11 (R)
Mike Coffman CO-06 (R) Wm. Lacy Clay MO-01 (D) Tim Murphy PA-18 (R)
Matt Gaetz FL-01 (R) Billy Long MO-07 (R) Mark Sanford SC-01 (R)
John Rutherford FL-04 (R) Bennie Thompson MS-02 (D) Jeff Duncan SC-03 (R)
Ron DeSantis FL-06 (R) Steven Palazzo MS-04 (R) John Duncan Jr. TN-02 (R)
Thomas J. Rooney FL-17 (R) George Holding NC-02 (R) Charles J. Fleischmann TN-03 (R)
Francis Rooney FL-19 (R) Walter B Jones, Jr. NC-03 (R) Scott DesJarlais TN-04 (R)
Mario Diaz-Balart FL-25 (R) Mark Walker NC-06 (R) Mac Thornberry TX-13 (R)
Carlos Curbelo FL-26 (R) David Rouzer NC-07 (R) Bill Flores TX-17 (R)
Sanford Bishop GA-02 (D) Richard Hudson NC-08 (R) Lamar Smith TX-21 (R)
Doug Collins GA-09 (R) Robert Pittenger NC-09 (R) Henry Cuellar TX-28 (D)
Tom Graves GA-14 (R) Mark Meadows NC-11 (R) Scott Taylor VA-02 (R)
Rod Blum IA-01 (R) Ted Budd NC-13 (R) Bob Goodlatte VA-06 (R)
Steve King IA-04 (R) Jeff Fortenberry NE-01 (R) Dave Brat VA-07 (R)
John Shimkus IL-15 (R) Don Bacon NE-02 (R) Morgan Griffith VA-09 (R)
Adam Kinzinger IL-16 (R) Adrian Smith NE-03 (R) James F. Sensenbrenner, Jr. WI-05 (R)
Kevin Yoder KS-03 (R) Mark E. Amodei NV-02 (R)
Brett Guthrie KY-02 (R) Daniel Donovan NY-11 (R)
  • If you are not a resident of one of these districts, please Take Action here.

Thank you.

_________

Please also consider sending a letter to the bill’s author, Representative Tom Cole (R-OK) and primary co-sponsor, Representative Sanford Bishop (D-GA). Please feel free to copy and print the letters we have provided here and here or write your own and send them via regular mail to the following address:

Representative Tom Cole

2467 Rayburn HOB

Washington, D.C. 20515

Representative Sanford Bishop

2407 Rayburn House Office Building

Washington, D.C. 20515

_________________________________________________________

(Writing Tip #1)If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.
(Writing Tip #2) Although we’ve provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.

Updated 03.19.17 to include new cosponsors

Updated 03.23.17 to include new cosponsors

Updated 03.28.17 to include new cosponsors

Updated 04.04.17 to include new cosponsors

Updated 04.25.17 to include new cosponsors

Updated 05.05.17 to include new cosponsors

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Updated 06.05.17 to include new cosponsors

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Updated 06.15.17 to include new cosponsors

Updated 06.21.17 to include new cosponsors

Updated 07.13.17 to include new cosponsors

Updated 07.25.17 to include new cosponsors

Updated 07.26.17 to include new cosponsors

This article was originally published at CASAA
Author: Alex Clark

Posted in Calls To Action, Cole-Bishop, e cigarettes, FDA deeming, HR 1136, HR1136 | Comments Off on HR 1136 gains early co-sponsors. Take a moment to say THANK YOU!

New Jersey bans the sale of low-risk nicotine products to anyone under 21

In a shocking reversal from last year’s veto, New Jersey Governor, Chris Christie signed a Tobacco 21 bill into law on Friday, July 21st. The new law raises the purchase age for all tobacco and vapor products from 19 to 21 and will take effect on November 1, 2017. New Jersey is the third state following Hawaii and California to enact a Tobacco 21 law.

While the list of local governments, and now states, that have adopted or are considering a Tobacco 21 policy is growing, new evidence supporting the claims of proponents is not moving at a similar pace. Proponents still point to a small town in Massachusetts and one study conducted by the Institute of Medicine (IOM) as support. But neither the case of Needham, MA or the IOM report account for the availability of low-risk vapor products and neither compare the effectiveness of raising the age to 21 to adopting a harm reduction strategy. For governments to accept such little evidence as satisfactory support clearly shows a bias and a deference to emotional arguments in favor of prohibition over harm reduction.

Indeed, many of us have experienced the early loss of a loved one due to smoking–including Governor Christie–and by year’s end, millions more will lose someone close to them. But the solution to this problem is not in taking reduced harm options away from people. Tobacco 21 laws are dangerous and have the potential to do more harm than good by prohibiting sales of low-risk, smoke-free products to adult consumers. Governor Christie knows that a one-size-fits-all policy is failing in the area of opioid addiction. He has no reason to believe that relegating smokers to traditional quit methods will have a positive outcome.

The new law in New Jersey is expected to create a $4-$8 million hole in the state’s budget. Any public health gains that might translate to savings will be minimal at best and will not be realized for decades.

Legislatures in Maine and Oregon have also sent Tobacco 21 bills to their governors for signing. Maine’s Governor, Paul LePage, has wisely vetoed the Tobacco 21 legislation.

This article was originally published at CASAA
Author: Alex Clark

Posted in Chris Christie, e cigarettes, New Jersey, News, Tobacco 21 | Comments Off on New Jersey bans the sale of low-risk nicotine products to anyone under 21