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Moorhead leaders discuss licensing e-cigarette vendors, abolishing lengthy tobacco sampling

By: Erik Burgess, INFORUM

MOORHEAD – Hoping to curb sales to minors, the city could soon require e-cigarette vendors to be licensed and subjected to compliance checks like traditional tobacco sellers.

State law in Minnesota – and local ordinances in West Fargo and Fargo – prevents the sale of e-cigarettes to minors.

But because Moorhead doesn’t license e-cigarette vendors, there’s no registry of businesses that sell them and no one doing compliance checks to make sure e-cigarettes aren’t being sold to minors, Keely Ihry, of Clay County Public Health, told City Council members Monday.

New state e-cigarette laws give statutory authority to cities to license and regulate e-cigarettes, which Ihry argued are being targeted to and becoming more popular among teens.

Ihry passed around e-cigarette, or “vape pen,” samples to council members Monday, noting the colorful packaging and the myriad flavors like Skittles, bacon and strawberry banana.

“To subject any of our youth to an addictive substance such as nicotine, with the additional pleasures of scent to draw them in, it’s just unbelievable,” said Councilwoman Nancy Otto, who was the most vocal on wanting to license e-cigarette vendors.

“Otherwise, it’s basically a free-for-all,” Otto said. “We’ve got nobody that is going in to check these facilities.”

Council members Mike Hulett and Brenda Elmer said they would support licensing e-cigarette vendors in Moorhead. City Manager Michael Redlinger said the council could vote on it at the end of the month or in June.

Police Chief David Ebinger also urged the council on Monday to consider abolishing what he called a “deceptive sampling practice” in the tobacco industry.

Some tobacco vendors are taking advantage of a broadly worded state law that allows “sampling” of cigars, tobacco or hookah indoors, he said. Instead of offering a taste or two, some shops are allowing lengthy, hour-long smokes.

That’s not the spirit of the sampling provision, Ebinger said,

“You don’t sit down … and smoke an entire cigar or two of them in a bar, and call it ‘sampling,’ ” he said.

The chief proposed that Moorhead set up an ordinance that would prevent lengthy tobacco sampling and only allow limited sampling if a customer was looking to make a “bona fide purchase” of a product, like a hookah.

Hookahs On Main, 815 Main Ave., is the only hookah shop in Moorhead that allows such lengthy sampling, said City Clerk Michelle French, but she and Ebinger said others have inquired about setting up similar businesses.

If the council decides to pass a more restrictive sampling law, Hookahs on Main would be grandfathered in, Ebinger said. Still, the law would prevent more of these shops from setting up in Moorhead, he said.

“It’s a public health issue,” Ebinger said, arguing that hookah tobacco can be just as dangerous as standard cigarettes.

Redlinger said law enforcement also sometimes has disturbance and neighborhood issues with hookah shops.

The City Council denied a tobacco license renewal in February for the former owner of Hookahs on Main, then called Pyromaniacs, after learning that police regularly received complaints of loud noise and parties at the business.

http://www.inforum.com/event/article/id/435266/

E-Cigarette Makers Going After Youth, Report Finds

BY MAGGIE FOX, NBC News

E-cigarette makers may say they welcome regulation and don’t want to sell to teenage nonsmokers, but their advertising dollars paint a very different picture, according to a report released Thursday.

E-cigarette makers spent $39 million on ads from June through November 2013, much of it on programming targeting youth, the anti-tobacco organization Legacy found.

“Overall, these research findings indicate that, despite their publicly stated intentions, some e-cigarette companies are reaching youth with their advertising,” Legacy says in its report.

“Moreover, the only national brand owned by a major tobacco company, blu, is reaching a significant portion of young Americans with its advertising. The effects of this are apparent, with nearly all young people aware of these products and use among young people rising rapidly.”

Health officials from several major U.S. cities say that’s why federal regulators need to act. They can restrict sales and limit where people may smoke or “vape,” but they cannot restrict national ads.

“There are some areas where our hands are tied and that particularly is in marketing,” said New York City health commissioner Dr. Mary Travis Bassett.

“They need to do more to protect kids from the effects of TV,” added Los Angeles County health commissioner Dr. Jonathan Fielding.

The fear is a whole new generation of people will become addicted to nicotine before federal regulations can be written, let alone take hold, the health commissioners told a news conference. New York, Chicago, Boston and Los Angeles County are among the big city areas that have restricted sales and use of e-cigarettes.

Even some public health experts say e-cigarettes may be a useful alternative to burned tobacco cigarettes for smokers. But they also agree that it would be bad to encourage or even allow non-smoking children to become addicted to the nicotine in e-cigarettes.

Legacy was set up in 1999 as part of the Master Settlement Agreement when major tobacco companies agreed to pay more than $200 billion to states and territories. The states wanted some of the money to be used for an organization dedicated to studying and providing public education about the impact of tobacco.

Just last week, the U.S. Food and Drug Administration said it would seek to regulate e-cigarettes, because they contain nicotine, the addictive substance in tobacco. Most e-cigarette makers said they’d welcome some regulation.

Legacy did two studies looking at the marketing of e-cigarettes, and asking teens and young adults what they knew about them. It found e-cigarette TV ads reached 29.3 million teens and young adults from January through November 2013, including 58 percent of 12- to 17-year-olds.

Taken together, the two reports show e-cigarette makers using tactics that have long been banned for regular cigarettes, the report says.

E-cigarette makers dispute this. “The products are being advertised to adults,” said Cynthia Cabrera, executive director of the Smoke Free Alternatives Trade Association. “If children are watching during that time, it’s possible, but they are being marketed to adult consumers, to adult smokers.”

Public health experts say 90 percent of smokers start by the age of 20. They worry that e-cigarettes sold in flavors such as bubble gum and Gummi bear are targeted mainly to younger teens.

“While cigarette advertising is prohibited on television, it is currently fair game to use television to promote electronic cigarettes. Using broadcast and online advertising has allowed the e-cigarette industry to promote its products in a way that has broad reach and is largely unregulated,” Legacy says.

“Every day that industry is growing very, very rapidly,” LA’s Fielding said. “And you can be sure that big tobacco is going to wind up in the driver’s seat with respect to marketing. Don’t let them undo decades of efforts to de-glamorize smoking.”

http://www.nbcnews.com/health/kids-health/e-cigarette-makers-going-after-youth-report-finds-n94166

Proposal would ban e-cigarette sales to minors, allow advertising

By: Reuters, INFORUM
WASHINGTON – The U.S. Food and Drug Administration proposed rules on Thursday that would ban the sale of e-cigarettes to anyone under 18, but would not restrict flavored products, online sales or advertising, which public health advocates say attract children.
The long-awaited proposal, which would subject the $2 billion industry to federal regulation for the first time, is not as restrictive as some companies had feared and will likely take years to become fully effective.
Bonnie Herzog, an analyst at Wells Fargo, said the proposal is “positive for industry.”
But public health advocates lamented the fact that the proposal does not take aim at e-cigarette advertising or sweetly-flavored products, which they say risk introducing a new generation of young people to conventional cigarettes when little is known about the long-term health impact of the electronic devices.
“It’s very disappointing because they don’t do anything to rein in the wild-west marketing that is targeting kids,” said Stanton Glantz, a professor at the Center of Tobacco Control Research and Education at the University of California, San Francisco.
FDA Commissioner Margaret Hamburg said at a briefing on Wednesday that the proposal represented the first “foundational” step toward broader restrictions if scientific evidence shows they are needed to protect public health.
That declaration worries some companies.
“The window is still open for a more draconian approach,” said Jason Healy, president of Lorillard Inc’s blu eCigs unit, which holds roughly 48 percent of the market. “I think the proposal shows a good science-based reaction here from the FDA, but there is a lot we have to go through during the public comment period.”
Lorillard, together with privately-held NJOY and Logic Technology account for an estimated 80 percent of the market. Other big tobacco companies, including Altria Group Inc and Reynolds American Inc, are also entering the market.
E-cigarette advocates welcomed the FDA’s light touch.
Dr. Michael Siegel, a professor of community health sciences at Boston University, said a ban on flavorings would have “devastated the industry, as the flavors are a key aspect of what makes these products competitive with tobacco cigarettes.”
Similarly, a ban on all e-cigarette advertising “would have given tobacco cigarettes an unfair advantage in the marketplace,” he said.
NO FREE SAMPLES
A law passed in 2009 gave the FDA authority to regulate cigarettes, smokeless tobacco and roll-your-own tobacco and stipulated the agency could extend its jurisdiction to other nicotine products after issuing a rule to that effect. E-cigarettes use battery-powered cartridges to produce a nicotine-laced inhalable vapor.
In the short term, the new rules would prohibit companies from distributing free e-cigarette samples, forbid vending machine sales except in adult-only venues and prohibit sales to minors.
Companies would also be required to warn consumers that nicotine is addictive, but no other health warnings would be required. The addiction warning would have to be added no later than two years after the rule is set and the e-cigarette companies would not be allowed to make health claims in any advertising.
The proposal is subject to a public-comment period of 75 days.
Vince Willmore, a spokesman for the Campaign for Tobacco Free Kids, said the proposal “by no means does everything we think needs to be done, but it starts the process. What is critical now is that they finalize this rule and then move quickly to fill the gaps.”
He said the FDA should aim to establish the rule within a year, but many are skeptical the agency will act that quickly.
“The reality of these things is that every step takes years,” said UCSF’s Glantz. “By not addressing the youth-directed marketing it means it won’t be addressed for a very long time.”
Some e-cigarette companies that sell primarily through convenience stores were surprised at the lack of restrictions on online sales, since it can be difficult to verify a customer’s age over the Internet.
“The Internet thing is very surprising to me,” said Miguel Martin, president of Logic Technology. “It reduces the visibility of the sales of the products and the type of products that the government has awareness of.”
The new rules would also require companies to submit new and existing products to the FDA for approval. They would have two years to submit applications from the time the rule goes into effect. Companies may continue selling their products and introducing new products pending the FDA’s review.
In the meantime, e-cigarette companies would be required to register with the FDA and list the ingredients in their products. They would not be required to adhere immediately to specific product or quality control standards. That could come later, Hamburg said.
THE “VAPING” INDUSTRY
E-cigarettes and other “vaping” devices generate roughly $2 billion a year in the United States, and some industry analysts expect their sales to outpace the $85 billion conventional-cigarette industry within a decade.
Advocates of e-cigarettes claim they are a safer alternative to conventional cigarettes, since they do not produce lung-destroying tar, though long-term safety data is thin.
The FDA’s proposal leaves many questions unanswered about how new products would be regulated over the long run. One key question relates to how products are approved.
Under current law, new tobacco products can be approved if they are “substantially equivalent” to a product that was on the market before Feb. 15, 2007. It is unclear whether any e-cigarettes were on sale before then, to be used as a benchmark.
Mitch Zeller, head of the FDA’s tobacco division, said at a briefing that the agency would be seeking more information during the public-comment period on whether the “substantial equivalence” pathway is even valid for e-cigarettes.
If it is not, e-cigarette companies would have to use a different process, which would require them to prove their products are appropriate for public health, a higher hurdle to clear.
Also up in the air is the regulatory fate of some cigars. The current proposal would include e-vaping products and other tobacco products, but premium cigars may be excluded.
The FDA said it would seek public comment on whether all cigars should be regulated equally. One option proposed by the agency is to regulate them all. The other is to define a category of premium cigars that would not be subject to the FDA’s authority.
Physicians said the possible exemption of premium cigars from regulation was troubling.
“Any exemption for any kind of tobacco product proven to cause lung and heart disease and cancer is unacceptable,” said Harold Wimmer, chief executive of the American Lung Association.
Cigar companies, backed by some members of Congress, had lobbied heavily for a regulatory carve-out for premium cigars. In a December 2013 letter to Hamburg and Sylvia Mathews Burwell, director of the White House’s Office of Management and Budget, 24 Republican lawmakers asked that premium cigars be exempt.
“As you know,” they wrote, “premium cigars are a niche product with an adult consumer base, much like fine wines. The majority of people who enjoy a cigar do so occasionally, often in social or celebratory settings.”
Under the proposed rule, premium cigars are considered those wrapped in whole tobacco leaf, made manually by combining the wrapper, filler and binder, have no characterizing flavor, have no filter, tip or non-tobacco mouthpiece and are relatively expensive.
http://www.inforum.com/event/article/id/432967/group/homepage/

Federal regulations loom for e-cigarette industry

By MICHAEL FELBERBAUM  The Associated Press
RICHMOND, Va. – Smokers are increasingly turning to battery-powered electronic cigarettes to get their nicotine fix. They’re about to find out what federal regulators have to say about the popular devices.
The Food and Drug Administration will propose rules for e-cigarettes as early as this month. The rules will have big implications for a fast-growing, largely unregulated industry and its legions of customers.
Regulators aim to answer the burning question posed by Kenneth Warner, a professor at the University of Michigan School of Public Health: “Is this going to be the disruptive technology that finally takes us in the direction of getting rid of cigarettes?”
The FDA faces a balancing act. If the regulations are too strict, they could kill an industry that offers a hope of being safer than cigarettes and potentially helping smokers quit them. But the agency also has to be sure e-cigarettes really are safer and aren’t hooking children on an addictive drug.
Members of Congress and several public health groups have raised safety concerns over e-cigarettes, questioned their marketing tactics and called on regulators to address those worries quickly.
Here’s a primer on e-cigarettes and their future:
WHAT ARE E-CIGARETTES?
E-cigarettes are plastic or metal tubes, usually the size of a cigarette, that heat a liquid nicotine solution instead of burning tobacco. That creates vapor that users inhale.
Smokers like e-cigarettes because the nicotine-infused vapor looks like smoke but doesn’t contain the thousands of chemicals, tar or odor of regular cigarettes. Some smokers use e-cigarettes as a way to quit smoking tobacco, or to cut down.
The industry started on the Internet and at shopping-mall kiosks and has rocketed from thousands of users in 2006 to several million worldwide who can choose from more than 200 brands. Sales are estimated to have reached nearly $2 billion in 2013.
Tobacco company executives have noted that they are eating into traditional cigarette sales. Their companies have jumped into the business.
There’s not much scientific evidence showing e-cigarettes help smokers quit or smoke less, and it’s unclear how safe they are.
WHAT IS THE FDA LIKELY TO DO?
The FDA is likely to propose restrictions that mirror those on regular cigarettes.
The most likely of the FDA’s actions will be to ban the sale of e-cigarettes to people under 18. Many companies already restrict sales to minors, and more than two dozen states already have banned selling them to young people.
Federal regulators also are expected to set product standards and require companies to disclose their ingredients and place health warning labels on packages and other advertising.
Where the real questions remain is how the agency will treat the thousands of flavors available for e-cigarettes. While some companies are limiting offerings to tobacco and menthol flavors, others are selling candy-like flavors like cherry and strawberry.
Flavors other than menthol are banned for regular cigarettes over concerns that flavored tobacco targets children.
Regulators also must determine if they’ll treat various designs for electronic cigarettes differently.
Some, known as “cig-a-likes,” look like traditional cigarettes and use sealed cartridges that hold liquid nicotine. Others have empty compartments or tanks that users can fill their own liquid. The latter has raised safety concerns because ingesting the liquid or absorbing it through the skin could lead to nicotine poisoning. To prevent that, the FDA could mandate child-resistant packaging.
The FDA also will decide the grandfather date that would allow electronic cigarette products to remain on the market without getting prior approval from regulators — a ruling that could force some, if not all, e-cigarettes to be pulled from store shelves while they are evaluated by the agency.
The regulations will be a step in a long process that many believe will ultimately end up being challenged in court.
WHAT ABOUT MARKETING?
There are a few limitations on marketing. Companies can’t tout e-cigarettes as stop-smoking aids, unless they want to be regulated by the FDA under stricter rules for drug-delivery devices. But many are sold as “cigarette alternatives.”
The FDA’s proposals could curb advertising on TV, radio and billboards, ban sponsorship of concerts and sporting events, and prohibit branded items such as shirts and hats. The agency also could limit sales over the Internet and require retailers to move e-cigarettes behind the counter.
WHAT DOES THE INDUSTRY THINK?
The industry expects regulations, but hopes they won’t force products off shelves and will keep the business viable.
E-cigarette makers especially want the FDA to allow them to continue marketing and catering to adult smokers — some of whom want flavors other than tobacco. They believe e-cigarettes present an opportunity to offer smokers an alternative and, as NJOY Inc. CEO Craig Weiss says, make cigarettes obsolete.
“FDA can’t just say no to electronic cigarettes anymore. I think they also understand it’s the lesser of the two evils,” said James Xu, owner of several Avail Vapor shops, whose wooden shelves are lined with vials of liquid nicotine flavor, such as Gold Rush, Cowboy Cut and Forbidden Fruit.
WHAT DO PUBLIC HEALTH OFFICIALS THINK?
Some believe lightly regulating electronic cigarettes might actually be better for public health overall, if smokers switch and e-cigarettes really are safer. Others are raising alarms about the hazards of the products and a litany of questions about whether e-cigarettes will keep smokers addicted or encourage others to start using e-cigarettes, and even eventually tobacco products.
“This is a very complicated issue and we must be quite careful how we proceed,” said David Abrams, executive director of the Schroeder Institute for Tobacco Research and Policy Studies at the American Legacy Foundation, in a recent panel discussion. “I call this sort of the Goldilocks approach. The regulation must be just right. The porridge can’t be too hot, and it can’t be too cold.”
http://www.newsday.com/business/federal-regulations-loom-for-e-cigarette-industry-1.7794606

Lawmakers say e-cigarette makers target kids

BY SEAN LENGELL, Washington Examiner
A group of congressional Democrats released a report Monday accusing the electronic cigarette industry of pushing their products on children and teens.
The report shows a significant increase in recent years in the marketing of e-cigarettes to minors through social media, radio and televisions advertisements, and sponsoring events with young audiences.
“From candy flavors to rock concert sponsorships, every single company surveyed in this report has employed a marketing strategy that appears to target youth,” said Senate Majority Whip Dick Durbin of Illinois, who helped spearhead the report.
“For years, federal regulations prohibiting tobacco companies from targeting young people have helped to protect a new generation of smokers from getting hooked on nicotine. Now, we must close this new gateway to addiction to protect our children.”

The lawmakers, who say their report is the first comprehensive investigation of e-cigarette marketing tactics, was compiled using responses from eight e-cigarette manufacturers and other publicly available information.
The report found that six of the companies that responded to the lawmakers’ survey market their products in flavors that can appeal to children, like cherry, chocolate, peach and grape mint.
It also showed that e-cigarette manufacturers have more than doubled spending on marketing between 2012 and 2013. Last year, six leading e-cigarette companies spent a total of $59.3 million on marketing alone.
“E-cigarette makers are starting to prey on kids, just like the big tobacco companies,” said Rep. Henry Waxman of California, a co-sponsor of the report. “With over a million youth now using e-cigarettes, [the Food and Drug Administration] needs to act without further delay to stop the companies from marketing their addictive products to children.”
Federal law prohibits the sale of tobacco cigarettes to anyone under 18, but there is no such restriction for e-cigarettes. The limited federal oversight has led to a boom in the e-cigarette industry, with sales doubling annually since 2008 and 2013 revenue expected to reach at least $1.5 billion.
The lawmakers called on e-cigarette companies to “take immediate action” to prevent the sale of their products to children and teenagers, including product promotion through social media and event sponsorships intended for youth audiences.
They also asked the companies to stop all radio and TV advertisements.
Six of the eight companies said they support some form of regulation, including restrictions on the marketing and sale of e-cigarettes to children and teens, the lawmakers said.
The legislators also have asked the FDA to ban the sale of e-cigarettes to minors and to implement rules to prohibit misleading product claims on e-cigarettes.
The other lawmakers who sponsored the report are Sens. Tom Harkin of Iowa, John Rockefeller of West Virginia, Richard Blumenthal of Connecticut, Edward Markey of Massachusetts, Sherrod Brown of Ohio, Jack Reed of Rhode Island, Barbara Boxer of California and Jeff Merkley of Oregon, as well as Rep. Frank Pallone Jr. of New Jersey.
http://washingtonexaminer.com/lawmakers-say-e-cigarette-makers-target-kids/article/2547210

E-cigarette firms targeting young people, lawmakers say

By: LALITA CLOZEL, Los Angeles Times
WASHINGTON — E-cigarette companies are preying on young consumers by using candy flavors, social media ads and free samples at rock concerts, according to a report released Monday by Democratic legislators.
A survey of nine electronic-cigarette companies found most were taking advantage of the lack of federal regulations to launch aggressive marketing campaigns targeting minors with tactics that would be illegal if used for traditional cigarettes, according to a report released by Sen. Richard J. Durbin (D-Ill.) and signed by 10 other Democratic lawmakers, including California Sen. Barbara Boxer and Rep. Henry A. Waxman of Beverly Hills.
According to the report, based on information from the eight companies that responded, five of the surveyed companies more than doubled their marketing expenditures between 2012 and 2013, regularly promoting e-cigarettes on Twitter, Facebook and Instagram.
Producers have come up with an array of creative flavors, a practice that was banned for traditional cigarettes by the Family Smoking Prevention and Tobacco Control Act of 2009. E-cigarette flavor names include pumpkin spice, chocolate treat, snap! and cherry crush.
E-cigarette companies have sponsored popular events and distributed free samples in shows, including the Coachella Valley Music and Arts Festival, as well as Mercedes-Benz Fashion Week. They have employed celebrities to promote their products, including Courtney Love, pop singer Sevyn Streeter and rapper Chris Brown. Streeter and Brown were featured in a music video that included an e-cigarette product placement.
“In the absence of federal regulation, some e-cigarette manufacturers appear to be using marketing tactics similar to those previously used by the tobacco industry to sell their products to minors,” the report said.
According to a September 2013 study by the Centers for Disease Control and Prevention, the percentage of high school students that had tried e-cigarettes doubled between 2011 and 2012 to 10%.
Because e-cigarettes, which produce a nicotine-laced vapor, have not yet been deemed a tobacco product by the Food and Drug Administration, they are not constrained by federal regulations that prohibit sales to minors, television and radio advertisements, and free sampling, according to the report.
The FDA is considering labeling e-cigarettes as tobacco products, which would place them under the agency’s authority.
“With over a million youth now using e-cigarettes, FDA needs to act without further delay to stop the companies from marketing their addictive products to children,” Waxman said.
Twenty-eight states have banned e-cigarette sales to minors, and most of the surveyed companies said they prohibited vendors from selling their products to children.
But the survey found that policies varied company to company, and only three out of eight had ever conducted compliance checks.
Several of the companies said they avoided running television advertisements specifically targeting young audiences, but they nevertheless aired commercials during prime-time shows that rated well among children and teenagers, including the 2013 Super Bowl and the TV show “Breaking Bad,” the report said.
Six out of eight companies surveyed said they favored more regulation, specifically regarding sales to minors. One company, Lead by Sales, which produces White Cloud Cigarettes, did not respond to any of the survey questions.
http://www.latimes.com/nation/la-na-congress-ecigarettes-study-20140415-story.html

Forum editorial: The ‘no’ applies to e-cigs

Forum editorials represent the opinion of Forum management and the newspaper’s Editorial Board.


Under the smoke-free law approved by North Dakota voters in 2012 the use of
so-called electronic cigarettes is prohibited in all places where smoking tobacco is not allowed. It’s that simple. The law, which won voter support in every county in the state, is unequivocal. No spinning by the tobacco lobby and its lackeys can make North Dakota’s e-cig prohibition less clear.
One argument for treating e-cigs differently than tobacco cigarettes is the devices do not generate secondhand smoke, and that they help smokers who want to quit tobacco. Therefore, e-cig advocates contend they should not be in the same banned-nearly-everywhere classification as other tobacco-based smoking products.
It’s all smoke and mirrors promulgated by Big Tobacco and others who know e-cigs can be (and early research shows they are) gateways for young people to start smoking tobacco.
First, the claim the vapors produced by e-cigs are harmless has no good science behind it. Rather, the substances generated include humectants used in fog and smoke machines, and vaporized nicotine and artificial flavors. Manufacturers have been cited for contaminants, including nickel, arsenic and chromium. There is no FDA oversight, no product-specific taxes and no restrictions on age of buyers.
No matter how dressed up they are, e-cigs are simply a nicotine-delivery device. The dangers of nicotine, a poisonous water-soluble alkaloid, are known. Furthermore, e-cigs are being marketed by emphasizing their candy-like flavors and seemingly benign brand names. Young people are responding as expected. A recent Youth Tobacco Survey showed a spike in e-cig use by youth, doubling to 10 percent in one year.
Also, the claim that e-cigs help cigarette smokers quit, and therefore should be unregulated, is a phony argument. There is nothing in law that prevents smokers from using e-cigs, as long as used in compliance with North Dakota’s smoke-free laws.
E-cigarettes represent the latest attempt by tobacco companies and their allies to hook more young smokers, and thus ensure a nicotine-addicted customer base into the future. The effort to characterize the devices as a way to help smokers quit is cynical and predicated on a falsehood. That effort has wormed its way into legislatures, including the North Dakota Legislature, where a handful of lawmakers have bought into the lie.
Voters overwhelming said “no” to cigarettes in 2012. That “no” included e-cigarettes. Legislators who don’t get it might want to find other work.
http://www.inforum.com/event/article/id/432045/group/Opinion/

ERIC JOHNSON: E-cigs’ risks are real while benefits are scant

By Eric Johnson, Op-Ed, Grand Forks Herald
GRAND FORKS — According to the Centers for Disease Control and the U.S. Surgeon General, tobacco kills about 480,000 persons every year in the United States.
In 1964, about 41 percent of adults were cigarette smokers. Today, that rate is down to a little more than 18 percent. Significant strides have been made over the past five decades to reduce smoking and the tremendous health and financial burden it puts on our society.
In North Dakota alone, tobacco use still contributes to about $250 million in health care expenditures.
Encouraging people to quit tobacco remains a high priority with regard to the health of Americans, yet only two states in the nation — Alaska and North Dakota — fund anti-tobacco programs at levels recommended by the CDC.
In North Dakota, our efforts continue to be supported by the public. Public sentiment, expressed at the ballot box and in polling, shows that reducing tobacco use remains a high priority for North Dakotans. In 2008, voters approved Measure 3 to support funding of anti-tobacco programs; and in 2012, the statewide smoke-free law — passed as a ballot measure — got 67 percent of the vote, winning support from a majority of voters in every legislative district.
Some 89 percent of North Dakotans polled in 2013 think the funds designated for tobacco control should stay there.
What works to help people quit tobacco? The U.S. Preventive Task Force and the Surgeon General endorse medications that have proven effectiveness with a known, Food and Drug Administration-approved, safety and side-effect profile.
These include nicotine replacement products such as gum, patches or lozenges, as well as prescription medications such as Chantix (Varenicline) or Wellbutrin (Buproprion).
Proven counseling programs, such as NDQuits (available free to all North Dakotans who use tobacco), also are very effective, particularly when combined with an FDA-approved medication.
Electronic cigarettes (e-cigs) are increasingly popular products that fall into the unproven category. First invented in the 1960s, their popularity has continued to increase as large tobacco companies buy small “mom-and-pop” manufacturers. With more than 250 brands on the market, (“Blu,” “NJOY” and “Vuse” popular in America), e-cigs are battery-powered (some disposable, some rechargeable) with a vaporizer and mouthpiece attached.
When used, commonly referred to as “vaping,” the vaporizer boils the liquid inside, which most frequently contains three major ingredients — humectants (propylene glycol/glycerin, used in fog and smoke machines and antifreeze), nicotine (at varying levels) and flavoring (fruit flavors, bubble gum, cotton candy, bacon and coffee, to name a few).
Unlike other medications that are used to promote quitting tobacco, e-cigs are largely unregulated by the Food and Drug Administration; and to date, we have no real data to show that they are effective as a cessation product nor any data to show that they are safe.
Furthermore, some of these manufacturers have been cited for contaminants in their products, including nickel, arsenic and chromium.
Without FDA oversight, these products aren’t taxed, they can be sold to anyone of any age, and there are no restrictions on advertising, which is why we see and hear ads on TV, in magazines and on the radio.
Though the industry denies it, it’s apparent that these products are being marketed to children (unless we’re supposed to believe that “Hello Kitty” e-cigs are popular among adult users).
E-cig manufacturers, rather than relying on science, really are trying to “normalize” smoking again for the next generation. The recent national Youth Tobacco Survey showed a spike in use of e-cigs by youth, doubling to more than 10 percent in just one year.
In addition, many who use e-cigs become dual users, continuing to use other tobacco products at the same time.
Last but not least, the industry is playing on the desperate idea that anything else would be better than smoking traditional cigarettes. If that’s true, ask yourself why these same companies are so resistant to producing the data to back up their claims.
It’s disappointing that e-cigs have been marketed for more than 35 years and have yet to collect or publish any significant data to show they are safe for users or that they actually help people quit.
Considering these products increasingly are manufactured and marketed by Big Tobacco, I’m not anticipating we’ll see such data any time soon.
The FDA has made it very clear that e-cigs cannot be marketed as smoking cessation products as a result.
As a health care provider, I would love a good, new and novel option to help people quit smoking. Like other conditions I treat as a physician, I want to provide the best possible treatment for my patients, and that means practicing strategies and using medications that have scientific proof that they work and have an established safety profile.
To date, when it comes to quitting tobacco, that answer is not found in electronic cigarettes.
Dr. Johnson is a family physician at Altru Health System in Grand Forks.
http://www.grandforksherald.com/content/eric-johnson-e-cigs-risks-are-real-while-benefits-are-scant

Selling a Poison by the Barrel: Liquid Nicotine for E-Cigarettes

By , New York Times

A dangerous new form of a powerful stimulant is hitting markets nationwide, for sale by the vial, the gallon and even the barrel.

The drug is nicotine, in its potent, liquid form — extracted from tobacco and tinctured with a cocktail of flavorings, colorings and assorted chemicals to feed the fast-growing electronic cigarette industry.

These “e-liquids,” the key ingredients in e-cigarettes, are powerful neurotoxins. Tiny amounts, whether ingested or absorbed through the skin, can cause vomiting and seizures and even be lethal. A teaspoon of even highly diluted e-liquid can kill a small child.

But, like e-cigarettes, e-liquids are not regulated by federal authorities. They are mixed on factory floors and in the back rooms of shops, and sold legally in stores and online in small bottles that are kept casually around the house for regular refilling of e-cigarettes.

Evidence of the potential dangers is already emerging. Toxicologists warn that e-liquids pose a significant risk to public health, particularly to children, who may be drawn to their bright colors and fragrant flavorings like cherry, chocolate and bubble gum.

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The liquid stimulant used in e-cigarettes, when ingested or absorbed through the skin, can cause vomiting, seizures or death. CreditFrank Franklin II/Associated Press

“It’s not a matter of if a child will be seriously poisoned or killed,” said Lee Cantrell, director of the San Diego division of the California Poison Control System and a professor of pharmacy at the University of California, San Francisco. “It’s a matter of when.”

Reports of accidental poisonings, notably among children, are soaring. Since 2011, there appears to have been one death in the United States, a suicide by an adult who injected nicotine. But less serious cases have led to a surge in calls to poison control centers. Nationwide, the number of cases linked to e-liquids jumped to 1,351 in 2013, a 300 percent increase from 2012, and the number is on pace to double this year, according to information from the National Poison Data System. Of the cases in 2013, 365 were referred to hospitals, triple the previous year’s number.

Examples come from across the country. Last month, a 2-year-old girl in Oklahoma City drank a small bottle of a parent’s nicotine liquid, started vomiting and was rushed to an emergency room.

That case and age group is considered typical. Of the 74 e-cigarette and nicotine poisoning cases called into Minnesota poison control in 2013, 29 involved children age 2 and under. In Oklahoma, all but two of the 25 cases in the first two months of this year involved children age 4 and under.

In terms of the immediate poison risk, e-liquids are far more dangerous than tobacco, because the liquid is absorbed more quickly, even in diluted concentrations.

“This is one of the most potent naturally occurring toxins we have,” Mr. Cantrell said of nicotine. But e-liquids are now available almost everywhere. “It is sold all over the place. It is ubiquitous in society.”

The surge in poisonings reflects not only the growth of e-cigarettes but also a shift in technology. Initially, many e-cigarettes were disposable devices that looked like conventional cigarettes. Increasingly, however, they are larger, reusable gadgets that can be refilled with liquid, generally a combination of nicotine, flavorings and solvents. In Kentucky, where about 40 percent of cases involved adults, one woman was admitted to the hospital with cardiac problems after her e-cigarette broke in her bed, spilling the e-liquid, which was then absorbed through her skin.

The problems with adults, like those with children, owe to carelessness and lack of understanding of the risks. In the cases of exposure in children, “a lot of parents didn’t realize it was toxic until the kid started vomiting,” said Ashley Webb, director of the Kentucky Regional Poison Control Center at Kosair Children’s Hospital.

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Nicotine solutions at Volt Vapes in Boise, Idaho. The “e-liquid” comes in colors and flavors that experts say may entice children. CreditKatherine Jones/The Idaho Statesman, via Associated Press

The increased use of liquid nicotine has, in effect, created a new kind of recreational drug category, and a controversial one. For advocates of e-cigarettes, liquid nicotine represents the fuel of a technology that might prompt people to quit smoking, and there is anecdotal evidence that is happening. But there are no long-term studies about whether e-cigarettes will be better than nicotine gum or patches at helping people quit. Nor are there studies about the long-term effects of inhaling vaporized nicotine.

 Unlike nicotine gums and patches, e-cigarettes and their ingredients are not regulated. The Food and Drug Administration has said it plans to regulate e-cigarettes but has not disclosed how it will approach the issue. Many e-cigarette companies hope there will be limited regulation.

“It’s the wild, wild west right now,” said Chip Paul, chief executive officer of Palm Beach Vapors, a company based in Tulsa, Okla., that operates 13 e-cigarette franchises nationwide and plans to open 50 more this year. “Everybody fears F.D.A. regulation, but honestly, we kind of welcome some kind of rules and regulations around this liquid.”

Mr. Paul estimated that this year in the United States there will be sales of one million to two million liters of liquid used to refill e-cigarettes, and it is widely available on the Internet. Liquid Nicotine Wholesalers, based in Peoria, Ariz., charges $110 for a liter with 10 percent nicotine concentration. The company says on its website that it also offers a 55 gallon size. Vaporworld.biz sells a gallon at 10 percent concentrations for $195.

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The website of Liquid Nicotine Wholesalers. The Food and Drug Administration has yet to impose rules on e-liquids’ sale.

Mr. Paul said he was worried that some manufacturers outside the United States — China is a major center of e-cigarette production — were not always delivering the concentrations and purity of nicotine they promise. Some retailers, Mr. Paul said, “are selling liquid and they don’t have a clue what is in it.”

 Cynthia Cabrera, executive director of Smoke Free Alternatives Trade Association, said she would also favor regulations, including those that would include childproof bottles and warning labels, and also manufacturing standards. But she said many companies already were doing that voluntarily, and that parents also needed to take some responsibility.

“You wouldn’t leave a bottle of Ajax out,” she said. Advocates of e-cigarettes sometimes draw comparisons between nicotine and caffeine, characterizing both as recreational stimulants that carry few risks. But that argument is not established by science, and many health advocates take issue with the comparison.

“There’s no risk to a barista no matter how much caffeine they spill on themselves,” said Dr. Neal L. Benowitz, a professor at the University of California, San Francisco, who specializes in nicotine research. “Nicotine is different.”

Without proper precautions, like wearing gloves while mixing e-liquids, these products “represents a serious workplace hazard,” he said.

The nicotine levels in e-liquids varies. Most range between 1.8 percent and 2.4 percent, concentrations that can cause sickness, but rarely death, in children. But higher concentrations, like 10 percent or even 7.2 percent, are widely available on the Internet. A lethal dose at such levels would take “less than a tablespoon,” according to Dr. Cantrell, from the poison control system in California. “Not just a kid. One tablespoon could kill an adult,” he said.

http://www.nytimes.com/2014/03/24/business/selling-a-poison-by-the-barrel-liquid-nicotine-for-e-cigarettes.html?_r=0

Chuck Schumer goes after marketing of e-cigarettes to kids

BY / NEW YORK DAILY NEWS

Fearful big tobacco could hook a new crop of smokers, Sen. Chuck Schumer says he’s backing legislation to stub out the marketing of e-cigarettes to children.
Schumer said tobacco companies are upping the appeal of vaping devices by making kid-friendly flavors like cotton candy and gummy bears.
“They are making a campaign to go after kids and that must stop,” Schumer said Sunday.
He vowed to push the so-called Protecting Children From Electronic Cigarette Advertising Act through the Senate. The legislation would close loopholes in advertising laws that tobacco companies have exploited to hook kids.
Schumer cited a study published last week in JAMA Pediatrics, which found that adolescents who smoke e-cigarettes are seven times more likely to smoke traditional cigarettes.
http://www.nydailynews.com/news/politics/chuck-schumer-e-cigarette-marketing-kids-article-1.1716091#ixzz2vgNEUEZf