Tag Archives: push back

ALA and ACS basically admit goal of sneaking in rules to prevent policies from treating products differently, Columbus Dispatch 22 Jul 13

Thanks to the huge archive at stevevape.com, there are a lot to be found from this search: http://stevevape.com/?s=American+Lung+Association (e-cigarette information site, by vendor blogger @SteveVape).  The highlights will each get a separate entry for sorting purposes, starting with:

http://stevevape.com/prohibitionists-to-ohio-kids-vape-em-if-you-got-em/ outsources to http://www.dispatch.com/content/stories/local/2013/07/22/e-cigarette-bill-called-trojan-horse.html

(more or less an admission by ALA and ACS that their goal is to sneak in rules that prevent regulators from making thinking decisions to treat low-risk products different from cigarettes)

“When we looked at the bill title, we thought it was something we were behind,” said Jeff Stephens, director of state policy for the American Cancer Society in Ohio. “But as we looked and shared it with our national office, they said, ‘Oh my God, this is happening all over the country.”

Anti-smoking advocates say that below the surface of House Bill 144 is a tobacco-industry-crafted “Trojan horse” designed to ensure that the emerging electronic-cigarette market and other alternative nicotine products remain taxed at a lower rate than traditional cigarettes and stay outside the state’s indoor smoking ban.

“What they’re trying to do is carve out a new definition that will muddy the waters for many other tobacco products now, and new and emerging products that we don’t know about yet,” Stephens said.

But others warn that data on the health effects of the 3-year-old products are incomplete. Kunze said that as a mom of two teenage daughters, she saw the legislation as a way to handle “an immediate threat to our minors and our youth.”

But Stephens and Shelly Kiser, advocacy director for the American Lung Association in Ohio, say youth-access laws are among the least-effective ways to prevent minors from getting hold of tobacco products — so tobacco companies lose little by advocating the provision. But higher taxation, they argue, is a key deterrent.

Kunze said she is surprised by the opposition, which focuses on the bill’s new definition of alternative nicotine products.

Kunze said the definition is designed to cover new tobacco-industry products without having to change the law each time. “This is generic enough to allow the things they are coming out with, like lozenges,” she said.

Nine states have passed bills similar to the one introduced in Ohio, over objections from anti-smoking groups. Rhode Island Gov. Lincoln Chafee last week vetoed a similar, but somewhat more-restrictive bill, calling it “counterproductive to prohibit sales to children while simultaneously exempting electronic cigarettes from laws concerning regulation, enforcement, licensing or taxation.”

Other states passed e-cigarette access bills before the American Cancer Society became aware of the national push.

Stephens and Kiser said they have proposed a simpler way to block the sale of e-cigarettes to minors without creating a new category of alternative nicotine products.

Kunze, pointing to a recent legal opinion from the non-partisan Legislative Service Commission, argues that the bill does not change the current tax status of e-cigarettes, and that nothing would stop advocates from pushing for a higher tax rate in the future.

Cathy Callaway, associate director of state and local campaigns for the American Cancer Society’s Cancer Action Network, agrees, but she said the bill sets the stage for treating e-cigarettes differently from other tobacco products.

Asked if e-cigarettes should be taxed the same as regular cigarettes, Kunze said: “I don’t think there is enough information yet. We just don’t know to what extent they are more or less harmful.”

Ex-ALA chief supports ecigs, USNews 27 Sep 13

h/t @prerunne

This is not strictly on-topic, but it is worth dropping in a note here about the fact that Connor is now a THR supporter.  (And the article has shout-outs to CASAA and our research, so can’t complain about that.)

http://www.usnews.com/news/articles/2013/09/27/american-lung-association-electronic-cigarettes-regulation

(no pull quotes because there are no statements about or by ALA per se — Connor does slam the segment of the industry that is not paying him, which would be pulled if he were still ALA and saying it, ALA cannot be blamed for that)

ACS, AHA, IPHA oppose bill banning sales to minors because it doesn’t tax e-cigs, Des Moines Register 1/29/2014

h/t Alex Clark

Regarding a bill proposed in Iowa that would ban sales of e-cigarettes to minors:

Lobbyists for the American Cancer Society, the American Heart Association and the Iowa Public Health Association formally opposed the bills, telling lawmakers e-cigarettes should be regulated just like traditional tobacco products — with higher taxes, a ban on use in the enclosed spaces and other restrictions.

The bill, while prohibiting access for children, actually makes further regulation more difficult, they said, because it contains definitions for “alternative nicotine products” and “vapor products” that create a legal difference between an e-cigarette and other tobacco products.

“Not including electronic smoking devices in the definition of tobacco products sets the stage for these products to be treated differently than other tobacco products here in Iowa,” said Jeneane Moody, executive director of the Iowa Public Health Association. “IPHA opposes attempts to change laws for e-cigarettes that could in the short or long term undermine existing effective tobacco controls.”

The proliferation of e-cigarettes could erode the social norms that have developed since Iowa’s statewide smoking ban was passed in 2008, Moody and others said, confusing smokers and nonsmokers alike on what is allowed under the law.

Supporters of the bill:

Rep. Chip Baltimore, R-Boone and chairman of the House subcommittee that considered the bill, dismissed those arguments.

“To try to define this as a tobacco product is simply an effort to pull it into a smoke-free act or a taxation scheme that I don’t think is necessarily appropriate,” he said.

<snip>

Baltimore also questioned whether applying tobacco taxes and regulations to e-cigarettes was good policy at all.

“Given the choice between smoking a carcinogenic cigarette or a non-carcinogenic e-cigarette I think that we ought to, in the interest of public health, preserve the financial incentives that would drive consumers toward e-cigarettes,” Baltimore said.

http://www.desmoinesregister.com/article/20140129/NEWS10/301290064/-1/content/Health-advocates-say-e-cigarette-bills-fall-short