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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.”

 

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  • 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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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