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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

 

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California Senate passes electronic cigarette ban

While the country was participating in 911 memorials the California Senate was busy passing SB400 which may ban the sale of electronic cigarettes in the state until such time as they are FDA approved or "cleared".

SB400 amends STAKE or the Stop Tobacco Access to Kids Enforcement Act and started as a bill on green energy but morphed into a bill to restrict tobacco access by kids at stores. But last minute additions to the bill specifically mention electronic cigarettes and any other forms of nicotine delivered in vaporized form, classifying them as a drug device and the e-liquid as a drug, while not changing the definition of any other nicotine delivery method like cigarettes or cigars.

The bill would not only reclassify electronic cigarettes as a drug system but would also authorize governmental "enforcement action to halt the sale, distribution, or offering for sale of electronic cigarettes that can deliver inhaled doses of nicotine by delivering a vaporized solution that has not been approved or cleared by the United States Food and Drug Administration."

The bill passed 16 to 14 with 10 not present and now goes to the governors office for signature or veto. It will pass into law on October 11th, 2009 if the Governor does not veto.

 

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CA Banning E-Cigarettes Too Federal Court Ruling Due Soon

E-cigarettes have already been banned in Australia, Brazil, Canada, Israel, Mexico, and virtually in Oregon, restricted in Finland, Malaysia, and Singapore, threatened with legal action in Connecticut, and the subject of a major class action law suit. Now, reports public interest law professor John Banzhaf, they seem about to be banned in California, a move which could be followed in Kentucky and then in other states.

In related developments, e-cigarettes have been declared illegal by the FDA, the imports are being seized, and sellers might face criminal penalties; PayPal has stopped facilitating their sale; Facebook has reportedly dropped their ads; and at least one county has banned their use wherever conventional smoking is prohibited.

Also, more e-cigarette wholesalers are finding it necessary to provide product liability insurance
to their retail customers, and at least one insurance company is offering its own policies. The company explains the need for such insurance this way: "This device has not been approved by the FDA as a 'stop smoking aid' product. In fact, the FDA has issued a warning about the product (e-cigarettes) because marketers are presenting the e-cigarette as a healthier alternative to regular cigarettes. In addition, the cartridge contains several chemicals including nicotine that are hazardous to your health."

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California e-Cig Blog Posts

Schwarzenegger vetos ban on Electronic Cigarettes

It's back to the California Senate for senator Ellen Corbetts SB 400. What started out as a green energy and vehicle bill, then morphed into a protect the children from cigarettes bill and finally in early september became a bill to ban the sale of electronic cigarettes until they were FDA approved or "cleared", is now back on her desk once again.

The sad part for the senator, the last minute additions of the electronic cigarette ban have left her other modifications to the Stop Tobacco Access to Kids Enforcement Act on the cutting room floor as well.

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.

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Help California convince Governor Schwarzenegger to veto SB400

Kamanjah over at the e-cigarette-forum is leading the charge to convince Governor Schwarzenegger that SB400 should be vetoed. As she points out very well in her sample letter, originally this bill was about green energy and only green energy, then somewhere along the way all that got tossed out and it became about tobacco, to finally end up banning electronic cigarettes.

I urge everyone who support electronic cigarettes, particularly the citizens of California whose voices are really the only ones who matter to the governors office to send in a letter or call or email or fax him. Help get the word out that he should veto this bill. If he doesn't do anything by Oct 11th, it becomes law automatically even without his signature.

And hey, if you think e-cigs should be banned, send a letter too. Democracy in Action.

-----------------------------------------

Contact Governor Schwarzenegger online

or

Phone: 916-445-2841
Fax: 916-558-3160

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814

----------SAMPLE LETTER------------

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Senator Corbett presents SB400

I was watching the video of California senator Corbett presenting SB400, to amend the Stop Tobacco Access to Kids Enforcement Act which originally spelled out restrictions on how retailers can present tobacco products around children. It gave mandates on how close products and marketing can be placed to such things as candy and gum and soft drinks and required that tobacco products be put behind the counter in any store that did was not a tobacco store. Makes sense right?

Well, it did until in early Sept Corbett decided to add clauses that may now ban the sale of electronic cigarettes in the state of California and classify them as "drug devices" and the nicotine liquid as a drug, and authorizes law enforcement as well as civil action against those selling such products.

When presenting the bill she said:

this is a product, that because it is a new technology it is not yet regulated by the FDA, yet they are electronic cigarettes that, um, they are completely unregulated and will be illegal until the FDA has a chance to comprehensibly study the effects of this product.

the bill has no known opposition and has not been opposed by the tobacco industry.

The bill passed 16 to 14 with 10 not present and now goes to the governors office for signature or veto.

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copyright 2009 all rights reserved *Electronic Cigarettes have not been proven to help you quit smoking and no such claims are being made here. These are the authors personal thoughts on the debate and are not based on any scientific study. Ecigarettes are not marketed as a smoking cessation device and no legitimate manufacturer makes any such claim. E-cigarettes should not be confused with any FDA approved nicotine replacement therapy, for, like cigarettes, they are not FDA approved nicotine delivery systems.