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MHRA Cancels Consultation with Carl Phillips Regarding Electronic Cigarettes

The UK Medicines and Healthcare products Regulatory Agency, the United Kingdom's version of the FDA, wants to classify electronic cigarettes as a drug device. To that end they had scheduled a consultation meeting where they hoped to gain support from expert testimony for their recent proposal of giving e-cigarette manufacturers just two weeks to license the product as a drug under their jurisdiction, a process which usually takes two years.

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States Considering Electronic Cigarette Bans Get Advice from Doctors

State legislatures considering banning electronic cigarettes have now heard the advice of their doctors, namely the Tobacco Control Task Force of the American Association of Public Health Physicians, an organization of physician directors of state and local health departments, who say bans are going too far and that this new product may actually be of great benefit in their fight against cancer and smoking related deaths.

The AAPHP is recognized by the American Medical Association as a medical specialty society and even has formal representation in the AMA House of Delegates. These are just the people one might think politicians should be turning to for recommendations on proposed legislation affecting the public health.

However, prompted by a strong lobbying effort from groups like the American Cancer Society, the Campaign for Tobacco-Free Kids, the American Heart Association and the non smokers rights group Action on Smoking and Health, which critics claim is largely funded by drug companies out to protect their profits, many states like New York, Utah, Illinois and New Jersey have recently introduced legislation that would ban or restrict the sale of E-cigarettes or their use in public spaces.

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FDA has No Authority over Electronic Cigarettes as a Drug Device says Judge Leon

In a 32 page ruling released today for the Smoking Everywhere vs FDA lawsuit, US Federal Judge Richard Leon has said the FDA has no jurisdiction over electronic cigarettes, at least in so far as regulating them as drug delivery devices. The FDA's efforts to regulate ecigarettes as a drug has taken a severe blow and ecig makers, sellers and users around the globe are rejoicing.

In his ruling Judge Leon had scathing words for the FDA:

This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices, Unfortunately it's tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."

Ray Story, CEO of Smoking Everywhere said ""big big big victory for us." and ecigarette forums around the Internet lit up tonight with rejoicing and celebration at the good news.

What effect with this ruling have as the electronic cigarette industry faces challenges from attorney generals from California and other states as well as stiff opposition from anti smoking groups has yet to be seen.

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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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Amazon.com Dropping E-Cigarette Sales Action Follows Notice of Potential Legal Liability

The Internet retailer Amazon.com is reportedly moving to stop selling or supporting the sale of e-cigarettes on its huge website. Its action follows receipt of a notice of potential legal liability for facilitating the sale of a product the Food and Drug Administration [FDA] has declared is "illegal."

The FDA also reported that it found deadly toxins and cancer-causing chemicals in the "smoke" produced by e-cigarettes and inhaled by users; an announcement which came as NBC TV Nightly News was about to blow the lid off the agency's refusal to take action, a news report which was to feature public interest law professor John Banzhaf of Action on
Smoking and Health (ASH) and his legal actions aimed at compelling the agency to finally act. www.pr-inside.com/fda-finds-deadly-chemicals-in-e-cigarette-r140 ..

Previously, after receiving a notice of potential legal liability from ASH, PayPal took a similar step, and Facebook has also reportedly banned promotions for e-cigarettes. In other venues, 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 are the subject of a major class action law suit.

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Politics e-Cig Blog Posts

Save the Ecig Kudos to Instead!

Save the Electronic Cigarette!! As actisim finally starts to heat up around the industry I've been very critical that many retailers and manufacturers have not done enough to point their customers towards the many petitions various folks have written or to send them to the requests for comments at places like the all important FDA. I think mostly it's that they do not wish to alarm the average customer or feel that it's none of their business to be activists or perhaps they fear it may bring unwanted attention by the FDA or anti smoking groups.

Honestly, I really don't know why many have not joined the fight. It's the retailers who have the email lists of all the vapers of the world. It's they who could most quicky mobilize all the vapers, not just those who find the handful of forums or sites like this. It is the retailers and manufacturers who make the most off ecigs and could band together to hire some professional Public Relations folks to help us combat the pros our enemies own.

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MHRA Reschedules E-cigarette Consultation Meeting

A few days ago we reported that the MHRA, the UK Medicines and Healthcare products Regulatory Agency, the United Kingdom's version of the FDA, wants to classify electronic cigarettes as a drug device and had scheduled a consultation meeting to hear from industry experts.

Upon learning that Prof. Carl Phillips, world renowned tobacco control expert and strong supporter of ecigs would attend at his own expense to counter the drug companies paid "experts", he was initially refused access as an independent party and had to take a temporary consultant position with E-Cigarette Direct, the UK distributor for Njoy, to gain access. The MHRA decided to reschedule the meeting instead citing a rule violation that meetings can not be held during elections. At that time it was felt that perhaps the catalyst for this decision was not a rule violation, but rather the hopes that Prof. Phillips would have to return to Canada and not be able to attend.

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My Suggested Response to the Appellate Court Stay of Judge Leon's Ruling

Over at the Electronic Cigarette Forum's Smoking Everywhere V. FDA Daily Docket Sheet Update there has been great debate this week about how the vaping community should respond and proceed after the U.S. Court of Appeals sided with the FDA in the Smoking Everywhere vs FDA case resulting in a stay of Judge Leon's previous ruling denying their jurisdiction over ecigs until at least September when the court will hear arguments and make a final ruling.

Needless to say most people are outraged, some are confused and sadly many of those the vaping community looks up to as leaders have been arguing with each other instead of taking action while some vendors seem to be finally ready to challenge the FDA themselves.  

As usual in matters this important regarding things I've taken hours to consider and write my thoughts about, I figured I'd share here as well.

 

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Do increased taxes imposed on cigarettes really work?

I was asked today to share my thoughts on the question of

Do taxes imposed on cigarettes to discourage public use really work?

She wanted to know particularly two things:

  1. Improved social well being
  2. Create distortion which causes a dead weight loss

I thought i'd post my response here for everyone. What do you think?

-----My Answer-----

the new fad for states to shore up their budget deficits by increasing tobacco taxes is gaining in popularity, however, the benefits of such programs are hotly debated.

Let's look at your two questions:

1- Improve Social Well Being

There are many who favor using oppressive taxes to modify the behavior of citizens, and smokers are an easy and popular target. Groups such as the Campaign for Tobacco Free Kids are calling for a $1 increase across the board and call it a WIN WIN WIN for states. They reason:

A budget win

In this they are right, raising tobacco taxes $1 a pack can raise millions of dollars for state coffers. For example: Such an increase could result in an estimated $480.1 million in new revenue for a state like Florida.

Faced with budget crunches, many states are eyeing this as an easy way to quickly increase revenue.

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E Cigarette Direct Survey of Electronic Cigarette Users on Anti Smoking Claims

James Dunworth, over at E-Cigarette Direct, is a curious guy, like me. We've traded some very interesting info over the last few months and he sent over the results from a survey he did this week asking people about their opinions and beliefs in some of the anti smoking groups outrageous claims. What he found did not surprise me, but I thought it would be fun to go down the list and see what they thought.

The survey included 250 people, smokers, non smokers and vapers, so not that comprehensive of a survey, but a nice place to start. The respondents broke down like this:

  • 34% Non Smoker (91)
  • 18% Smokers (48)
  • 33% Electronic Cigarette Users (89)
  • 15% E-cig users who still smoke (40)

 

Question 1: Do you believe smoking is bad for your health?

95% said YES | 2% said NO  | 3% were undecided

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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.