Zoeller joins multi-state call for e-cigarette regulation

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The Food and Drug Administration should restrict the sale and marketing of increasingly popular e-cigarettes, particularly to minors, Indiana Attorney General Greg Zoeller advocates in joining a letter signed by AGs from 36 other states and three U.S. territories.

The officials signed a letter to FDA Commissioner Margaret Hamburg urging the agency “to take all available measures to meet the FDA’s stated deadline of October 31, 2013, to issue proposed regulations that will address the advertising, ingredients, and sale to minors of electronic cigarettes.”

The battery-operated devices allow the user to inhale a vapor produced by heating liquid nicotine extracted from tobacco leaves. “The nicotine found in e-cigarettes is highly addictive, has immediate bio-chemical effects on the brain and body at any dosage, and is toxic in high doses,” the letter says.

It also says the FDA should move to ban marketing of e-cigarettes to children, noting “E-cigarettes contain fruit and candy flavors – such as cherry, chocolate, gummy bear, and bubble gum – that are appealing to youth. The FDA has banned such flavors from cigarettes and should take the same action regarding e-cigarettes.”

The letter notes several manufacturers use cartoon monkeys and images such as those from the popular video game “Angry Birds” on reusable vapor jackets “intended to make the e-cigarette desirable or fashionable … to children.” The AGs cites National Youth Surveys that show the number of high school students who tried an e-cigarette rose from 1 in 20 in 2011 to 1 in 10 in 2012.

The letter says sales of e-cigarettes have doubled annually since 2008 and are projected to reach $1.7 billion this year. That would be only a fraction of the roughly $80 billion in annual tobacco cigarette sales, but the increasing use of e-cigarettes is accompanied by a decline in their cost, the letter notes.

“Unlike traditional tobacco products, there are no federal age restrictions that would prevent children from obtaining e-cigarettes, nor are there any advertising restrictions,” the letter says in urging the FDA to use its authority to extend the application of the Tobacco Control Act to e-cigarettes.

“Some smokers see e-cigarettes as a way to wean themselves off of other tobacco products, but the health effects of these popular alternatives have not been adequately studied and the ingredients are not regulated,” Zoeller said in a statement. “Nicotine is highly addictive and, if e-cigarettes are left unregulated, our state’s youth may use them as a gateway to smoking.”



  • Adults like those things too
    I am a 45 year old man. I play angry birds. I like flavors. So do other adults - go to a Starbucks sometime and listen to the orders. Flavored cigars take up square yards of displays, because adults like flavors too. And, it is silly to argue that an e-cig, which is designed as an alternative to cigarette smoking, is a "gateway."

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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues