California Governor vetos SB400 Electronic Cigarette Ban

Governor Schwarzenegger has vetoed California's SB400 which would have classified electronic cigarettes as a drug and banned their sale in the state until they are FDA approved. It is now up to the california senate to either pass the bill with a 2/3 majority, or add age restrictions to it.

Governor Schwarzenegger said in his message to lawmakers:

To the Members of the California State Senate:

I am returning Senate Bill 400 without my signature.

While I support restricting access of electronic cigarettes to children under the age of 18, I cannot sign a measure that also declares them a federally regulated drug when the matter is currently being decided through pending litigation.

 Items defined as “tobacco products” are legal for anyone over the age of 18. 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.

 For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

While it might seem strange that Mr. Universe, a life long proponent of healthy living, might veto such a bill, the governor is clearly supporting the rights of adults to choose which tobacco products they use while respecting federal laws and the court system. The FDA's authority over electronic cigarettes is currently being challenged in federal court by two of the leading manufactuerers.

Tiffany Ellis of E-Cigarettes National had this to say about the governors actions:

We just do not want them banned, and like the Governor stated, it should be left to the discretion of the adult choosing to use them, not policy makers. I believe it shows wisdom on the Governors part by understanding that just because an arm of the government "declares" something illegal does not in fact mean that it is illegal and should be banned. We applaud the Governor for acting on the understanding that the FDA does not have the ability to "declare a law", but rather, they are an instrument and enforcement arm of the laws that are made and decided on by our judicial system and lawmakers"

Electronic Cigarettes are legal to sell in California and it's back to the drawing board for Senator Corbett.