Governor Schwarzenegger Protects Adult Consumers’ Access To E-Cigarettes

[LaceyUnderall]

For Immediate Release

Contact:

Matt Salmon

202.841.6729

msalmon@policyimpact.com

Governor Schwarzenegger Protects Adult Consumers’ Access to E-Cigarettes

Industry hails veto of anti-smoking alternative bill as victory for consumers, common sense

Washington, D.C. – October 12, 2009 | Matt Salmon, president of the Electronic Cigarette Association (ECA), today praised California Governor Schwarzenegger’s wise decision to veto Senate Bill 400, which would have banned electronic cigarette sales in the state, protecting adult consumers’ access to these alternative smoking devices.

“This is not just a victory for consumers and common sense but is smart public policy as well,” said Salmon. “Rejecting this bill is the right step and should serve as a model for other states to follow.”

In his veto message, Governor Schwarzenegger reiterated the stance of the ECA that strongly supports restricting access of electronic cigarettes to children under the age of 18. “We agree with the original intent of SB 400 to ban sales to those under the legal smoking age. And we support that on a national level as well,” added Salmon.

The Governor affirmed that this restriction should not apply to adult consumers: “If adults want to purchase and consume these products with an understanding of the associated health risks, they should be able to do so unless and until federal law changes the legal status of these tobacco products.”

The ECA actively communicated to the Governor its members’ concerns about the bill and the fact that banning these electronic cigarettes would disenfranchise thousands of California adult smokers who have difficulty quitting but want an alternative to combustible cigarettes without the host of carcinogens and harmful chemicals. Salmon credited this legislative victory to the efforts of thousands of consumers and ECA members who appealed directly to Governor Schwarzenegger to protect their rights.

“While we know that combustible tobacco smoking kills over 400,000 Americans annually, and the percentage of smokers that quit every year is dismally low, we ought to be looking for more alternatives to traditional combustible tobacco products,” said Salmon.

Electronic cigarette kits usually include the electronic cigarette, a replaceable cartridge pack (that may or may not contain nicotine), rechargeable lithium batteries, and a charger. There is some variation between different companies in what is included in their starter kit, but all components are listed on their Web sites. While ECA members do not market these devices as a healthy alternative or smoking cessation device, it is clear that they do not contain the harmful tars and hundreds of carcinogens that consumers get from combustible tobacco products.

“We look forward to working with all government agencies, including the FDA, to ensure that consumers who want an alternative to combustible tobacco products have access to e-cigarettes that contain fewer harmful substances and produce no secondhand smoke,” concluded Salmon.

###

About the Electronic Cigarette Association

The ECA (www.ecassoc.org) is an association of private sector companies engaged in electronic cigarette technologies. Its mission is to provide the tools and information necessary for policy-makers, opinion leaders, media, and private sector companies worldwide to make informed decisions about the management and use of electronic cigarette technologies. The association institutes and promotes industry-wide standards and a code of conduct, works to maintain sound professional practices, educates the public and policy-makers on the industry’s activities and potential, and works to ensure the ethical use of electronic cigarette technologies.

[keenan]

Its not just the veto, it's the REASON Arnold gave that sends the arrow through Corbetts heart !! She really thought she could pull a "holier than thou" bill off and look like the hero, but Arnold made her look like the zero. Lately, Ive been feeling REALLY disgusted with our politicians and system as a whole, but Arnold has instilled a little faith back into me !

[LaceyUnderall]

Keenan -

I was most impressed with what the Governor had to say as well. It was logical, well thought out and rational. It noted that adults are adults and should have freedom to choose. I feel like I haven't seen this type of talk since HR1256... which was the way our government should have gone towards tobacco regulation and tobacco harm reduction. I do hope that the statement from the Governor is the first step towards an overall change in philosophy. The Quit or Die philosophy... must simply be put to rest.

[Chris]

Its not just the veto, it's the REASON Arnold gave that sends the arrow through Corbetts heart !! She really thought she could pull a "holier than thou" bill off and look like the hero, but Arnold made her look like the zero. Lately, Ive been feeling REALLY disgusted with our politicians and system as a whole, but Arnold has instilled a little faith back into me !

Amen to that!!!

[Chris]

I was sooo stressing out about this. I already was sooo upset and disturbed by the Prop 8 ruling last year, and was pretty stressed about this too. I even went as far as ordering extra batteries, atomizers, and e-liquids for fear of this. That senator corbett is really something else. I HATE those "holier than thou" mentality people. Also those who try to use children for justification. The whole thing just makes me sick. Also, she is spreading her legs and taking it from Big Pharma. I also sent out several e-mails to Arnold and others, and I thank those of you who also reached out for support. Now, we need to work hard on the FDA and others...

[Kmel]

Nice press release from the ECA.

But I did read that tomorrow the Senate and Assembly are going to reconvene to go over the bills that got vetoed, and decide what to do about them. So we must keep an eye on them tomorrow to see that Corbett's crew doesn't pull a fast one and get the 2/3 to override it.

[Kmel]

And by the way,SJR 8, requesting that the FDA ban e-cigs until proven safe, isn't dead yet. It's actually in the Assembly Committee on Governmental Organization.

We aren't out of the woods yet, as much as I wish that we were!

[StringDancer]

And by the way,SJR 8, requesting that the FDA ban e-cigs until proven safe, isn't dead yet. It's actually in the Assembly Committee on Governmental Organization.

We aren't out of the woods yet, as much as I wish that we were!

A sober reminder, that. There's certainly reason to celebrate the Governator's decision, but this is but one salvo in the coming battles. We should turn attention to the next threat, eg SJR 8... and just such boneheaded measures in whatever state, whenever they arise. Pharma won't go easy into that good night.

[LaceyUnderall]

A sober reminder, that. There's certainly reason to celebrate the Governator's decision, but this is but one salvo in the coming battles. We should turn attention to the next threat, eg SJR 8... and just such boneheaded measures in whatever state, whenever they arise. Pharma won't go easy into that good night.

It's my understanding that SB400 was originally a bill to give credits to those who purchased Green Cars. At the same time, Corbett had SJR 8 going. Then they eliminated all of the wording for SB400, and pulled the wording over from SJR 8, changing it to be sales towards minors... and then, changed it all back to the original wording of SJR 8 but under SB 400. It's no wonder that people can't stay on top of what their legislators are doing.

However, that said, I don't believe that SJR 8 is a threat going forward for this year. I do believe we will see this issue arise in their next session though... of course depending on whether or not we hear a ruling from Judge Leon. We should definitely keep an eye on what Corbett is doing as it is apparent that she is on a mission to not see good legislation regarding the ecig (ie no sales to minors), but a full out ban.

[Kmel]

A sober reminder, that. There's certainly reason to celebrate the Governator's decision, but this is but one salvo in the coming battles. We should turn attention to the next threat, eg SJR 8... and just such boneheaded measures in whatever state, whenever they arise. Pharma won't go easy into that good night.

Just so we understand how bad SJR 8 is, I am posting the full text here:

BILL NUMBER: SJR 8 AMENDED

BILL TEXT

AMENDED IN SENATE JUNE 25, 2009

INTRODUCED BY Senator Corbett

MAY 19, 2009

Relative to electronic cigarettes.

LEGISLATIVE COUNSEL'S DIGEST

SJR 8, as amended, Corbett. Electronic cigarettes.

This measure would request that the federal Food and Drug

Administration (FDA) prohibit all sales of electronic

cigarettes until they have been found by FDA to be safe

the FDA has found them to be safe .

Fiscal committee: no.

WHEREAS, The chemical nicotine is classified as a drug due to its

stimulative, sedative, and addictive qualities; and

WHEREAS, More that than 90 percent

of smokers who seek to quit their addiction to nicotine fail, most

relapsing within one week; and

WHEREAS, Extended exposure to nicotine results in tolerance,

requiring escalating doses of the drug to receive the desired

stimulation; and

WHEREAS, Withdrawal symptoms from nicotine include cognitive and

attention defects, cravings, inability to sleep, and sleep

disturbance; and

WHEREAS, An unregulated product called electronic cigarettes is

currently being marketed as a smokeless alternative to traditional

cigarettes; and

WHEREAS, Electronic cigarettes are rechargeable, battery operated

drug delivery devices that look similar to cigarettes and allow the

user to inhale a smokeless vapor often containing nicotine; and

WHEREAS, Electronic cigarette producers market their product to

children by utilizing shopping mall kiosks and locations frequented

by children; and

WHEREAS, These marketing efforts are similar to previous attempts

to entice children to use nicotine products. Previous campaigns have

included products such as cigarette candy and advertisements with

cartoon characters and flashy packaging; and

WHEREAS, Studies show a correlation between children who used

cigarette candy and adults who are current or former smokers; and

WHEREAS, The federal Food and Drug Administration has previously

banned nicotine lollipops and nicotine lip balm; and

WHEREAS, A study published in the Journal of the National Cancer

Institute found that teens were more likely to be influenced to smoke

by cigarette marketing than by peer pressure. Similarly, a study

published in the Journal of the American Medical Association found

that as much as one-third of underage experimentation with smoking

was attributable to tobacco company marketing efforts; and

WHEREAS, Electronic cigarettes may increase the number of young

smokers; and

WHEREAS, According to the National Survey on Drug Use and Health,

over 3,600 people under the age of 18 18 years

of age begin smoking daily, 1,100 of whom will become regular

smokers. One-third of these young smokers will die of smoking-related

illnesses; and

WHEREAS, It is in the best interest of California to protect

children from these products; now, therefore, be it

Resolved by the Senate and the Assembly of the State of

California, jointly, That the Legislature calls upon local, state,

and federal governments to find ways to prevent the use of nicotine

products by children; and be it further

Resolved, That the Legislature requests that the federal Food and

Drug Administration (FDA), which has jurisdiction over the regulation

of nicotine products, prohibit all sales of electronic cigarettes

until they have been found by that FDA to be safe

the FDA has found them to be safe ; and be it further

Resolved, That the Secretary of the Senate transmit copies of this

resolution to the President and Vice President of the United States,

to the President pro Tempore of the United States Senate, to the

Speaker of the House of Representatives, to each Senator and

Representative from California in the Congress of the United States,

to the Commissioner of the United States Food and Drug

Administration, and to the author for appropriate distribution.

Ironically, given all the lies in this Resolution, Sen Ellen Corbett is on the Senate Ethics Committee!

[LaceyUnderall]

Kmel -

One thing is for certain from this, Corbett is completely under the impression that the electronic cigarette is coming from the Tobacco Industry.

If we wish to help her understand, we must continue writing letters to her that explain:

A. The electronic cigarette is not from the tobacco industry, but a new industry that is willing, actually demanding, the same mistakes not be made. Examples of this would be the ECA's efforts in Congress to have something actually set in stone that the ecig not be sold to minors across the board AND that guidance from anyone regarding what regulations should be in place is greatly appreciated.

B. There is a difference between combustion and vaporization. Combustion is the most harmful component of tobacco cigarettes and vaporization eliminates the harmful by-products of combustion. Smoke and vapor are not one in the same.

C. It isn't the nicotine that is most harmful in cigarettes and as many users are finding, it isn't the true "addictive" nature of the habit. It is the ritual of the habit. People have different rituals to relieve stress. Some go shopping. Some have a cup of coffee. Some have sex. Some sit down to have a cigarette. In all cases, it is up to good legislation to ensure that the adult engaging in such behavior has the most responsible way of fulfilling their desired action. Whether that be a sheltered environment for purchasing their merchandise, a ceramic coffee mug instead of a styrofoam cup (which heat from coffee leaches chemicals from the styrofoam), a condom, or a non-combustable method for the hand to mouth action of smoking.

[JBIRMfromPHOENIX]

Its not just the veto, it's the REASON Arnold gave that sends the arrow through Corbetts heart !! She really thought she could pull a "holier than thou" bill off and look like the hero, but Arnold made her look like the zero. Lately, Ive been feeling REALLY disgusted with our politicians and system as a whole, but Arnold has instilled a little faith back into me !

I agree with you word for word here Keenan, the current political status of the government disgusts me and the mere thought of what is actually going on right now makes worries me more than ever.

[Kmel]

Kmel -

One thing is for certain from this, Corbett is completely under the impression that the electronic cigarette is coming from the Tobacco Industry.

If we wish to help her understand, we must continue writing letters to her that explain:

A. The electronic cigarette is not from the tobacco industry, but a new industry that is willing, actually demanding, the same mistakes not be made. Examples of this would be the ECA's efforts in Congress to have something actually set in stone that the ecig not be sold to minors across the board AND that guidance from anyone regarding what regulations should be in place is greatly appreciated.

B. There is a difference between combustion and vaporization. Combustion is the most harmful component of tobacco cigarettes and vaporization eliminates the harmful by-products of combustion. Smoke and vapor are not one in the same.

C. It isn't the nicotine that is most harmful in cigarettes and as many users are finding, it isn't the true "addictive" nature of the habit. It is the ritual of the habit. People have different rituals to relieve stress. Some go shopping. Some have a cup of coffee. Some have sex. Some sit down to have a cigarette. In all cases, it is up to good legislation to ensure that the adult engaging in such behavior has the most responsible way of fulfilling their desired action. Whether that be a sheltered environment for purchasing their merchandise, a ceramic coffee mug instead of a styrofoam cup (which heat from coffee leaches chemicals from the styrofoam), a condom, or a non-combustable method for the hand to mouth action of smoking.

Lacey,

You have far more confidence that "logic and reason" can win the day with people like Senator Corbett than I do, especially on anything that even resembles "smoking" even though vaping isn't smoking.

The more I read on this issue, the more I am convinced that this is about power, money and puritanical zealotry.

Not sure if you recall but back in the late 1990'a there was something called the Tobacco Master Settlement Agreement The MSA took away the right of smokers to bring class action lawsuits against the Tobacco Companies in return for the State's collecting a bounty on every cigarette sold in the State, ostensibly to pay for "the higher medical costs that that the State incurs for smoking related health costs".

From the get-go, the MSA was a lie. Smokers die earlier than non-smokers so that the State actually incurs less health costs for smokers than for non-smokers.

This was about money -- huge amounts of it -- the MSA covered 46 States to the tune of $200 Billion dollars over 25 years.

What the MSA did was lock out smaller tobacco companies from competing and offering cigarettes at lower prices, protect the major tobacco companies from litigation, and provide the States with money in return for protecting the major tobacco companies' market share.

Each player in this game have an investment in keeping the game going forever.

The State's need the MSA money (per cigarette sold) to keep going. Anti-smoking organizations (like the American Legacy Foundation, who a dear friend of mine worked for) need their MSA money to keep their programs going. The puritanical zealots have a personal and professional investment in their little anti-smoking world where they are "important". Pharmaceutical companies have bought their share in this deal by funding people like Corbett to pass stricter smoking legislation so that smokers will use more of their nicotine replacement products when they quit smoking. Everyone in this game --and that's what it is, a game -- has literally bought a seat at the table on the smoking/non-smoking issue, EXCEPT the electronic cigarette industry.

I wish that this issue was about logic and reason. But, from what I can see, it's a corporate/governmental cartel that isn't "recruiting any new member groups".

It isn't about health or even sanity -- it's about the corporate/governmental money & power, which they all have and want to keep.

KMel

PS I wish there were more politicians like Tom McClintock, who understand that adults have a right to weigh their own risks and make their own decisions but that isn't who is driving the issue.

[LaceyUnderall]

Kmel -

There isn't anything that I can disagree with that you have written. Logic is not on the table for many of these legislators and anti-smokers... but in order for average consumers to get their message across, they have to continue their focus in a logical and scientific manner so that they don't look like whining drug addicts... which vapers are not.

I am very aware that these anti-smoking groups are not happy that a "solution to the problem" is on the table. If they accept this solution, then they are all out of jobs.

But another interesting thing I am working on is looking further into this idea that the MSA is what actually keeps the tobacco industry from getting involved in electronic cigarettes. As it isn't a tobacco product, they can't sell or market it... Now what do you suppose is going to happen with the ecig if it does become a tobacco product?

If anything we need to figure out how to "scare" these legislators into believing the truth which is... you think these are marketed to kids now... just wait!!! Get behind the ecig industry... let them stand and fight against tobacco!

[keenan]

Lacey, logic isnt in the DICTIONARY for these people . Unfortunately, if we dont agree verbatim with EVERYTHING they say, or think, we might as well be drug addicts. The ironic thing to me is, the generation that has come to power by and large is the SAME generation that spent the 60's preaching free love, turn on, tune in and drop out, and radical change. Now, they have everyones rights under a microscope, and systematically are picking apart the ones that they agree with from the ones they dont. And I agree, the motivation for ALL of it is - MONEY. I dont think for one NANO SECOND that Ellen Corbett has ANYONES health and well being in mind concerning ANY bill she introduces. If, and only if, she/they can profit from it, THEN they will back it. I honestly think if there was some way we could prove beyond a shadow of a doubt that vaping CURED cancer, but only if we didnt charge a dime for it, they would have to find a way to ban it. The FDA is approving drugs on a daily basis with side effects that can drop a bull moose, with LITTLE regard for the safety of the general public, because its PROFITABLE. Today they ok'd an UNTESTED vaccine for H1N1 because of the national emergency. I, for one, dont think the 'national emergency" is at the point where we need to create a potential second "national emergency" with an untested, unproven drug. To paraphrase Shakespear " First, we kill the lawyers, then the Politicians, then Big Pharma ..........."

[LaceyUnderall]

I can't disagree with any of this. I know where all of it stems... I know that money is the deciding factor. I know there isn't much logic, if any, guiding these decisions. I know this is not about public health. I know this. I fight it every day with every blog post, smoking ban, article, comment, etc.

But I do also know this: From discussions with these different organizations and discussions with public health persons who are on our side, there is a rift that is occurring. There are people within certain organizations who are very upset that their original mission to help people stop burning tobacco, which is the dangerous part of nicotine use, has transitioned into an all or nothing campaign. They are afraid to stand up because they KNOW that there are 3 people in line for their jobs as it is. These people can be reached... and level headed, non-conspiracy, fact driven discussions hounding the same message over and over *might* bring them around. These people don't realize that while their current job might be no more IF there is a solution to the burning tobacco problem, thousands of jobs will open up to begin researching the long term effects of vaping.

That said, everyone should choose to use their voice in the way they are most comfortable and the way they see fit. There are also circumstances surrounding those voices that may or may not allow someone to be vocal regarding conspiracies. I know these conspiracies exist. I have researched enough to know exactly what is going on, who is involved with whom, and why they are doing what they are doing. As an American consumer I am outraged and disgusted. As a supplier in the electronic cigarette industry, it is best I keep my conspiracies to my conversations with my friends on the forums... and to keep hounding out the clear message that the ecig has great potential for fixing a public health problem.