Fact sheets or hand-outs on e-cigarettes – 5/1/09

Q: Has anyone (state or national agency) produced a fact sheet or handout specifically about electronic cigarettes (e-cigarettes)? If so, would you be willing to share?

A:

  1. California: E-cigarettes are primarily sold through internet sites, including Costco.com. However, we are getting reports of e-cigarettes being sold in mall kiosks and some liquor stores across the state. Below is information that has been provided on this issue.
  • Are e-cigarettes legal?
     
    There is very little to report when it comes to the enforcement of these products. One Local Lead Agency (LLA) started looking into this issue when a retailer in her county called to ask if there were any regulations on selling this product. The LLA reached out to the FDA to determine whether the sale of e-cigarettes is legal. An FDA Compliance Officer provided the following information:
     
    E-cigarettes are considered a “new drug” and require approval by the FDA to be sold in the US. Since they have not been approved they are subject to enforcement, which means they are illegal. E-cigarettes also do not fall under already established tobacco laws.
     
    The LLA informed the Costco legal department and has also approached one liquor store owner in her community.
  • What can (local programs) do if e-cigarettes are being sold (their) community?
    • Contact your local law enforcement or agency responsible for enforcement if you see these products being sold.
    • Train your coalition members and other advocates on this issue and all emerging issues.
    • Have your coalition or county write a letter to the mall or store owners who sell these products.
    • Report and share strategies you are using on Info Hub on Partners.
  • Not sure what an e-cigarette is?
     
    • Electronic-cigarettes, also known as e-cigarettes or e-cigs, are being marketed as an alternative to smoked tobacco products, such as cigarettes, cigars, or pipes. It is a battery-powered device that is primarily designed to deliver volatilized chemicals similar to how a smoker would use a cigarette. Although they are designed to look just like conventional cigarettes, they do not contain tobacco and may or may not contain nicotine. When a user inhales through the device, air flow is detected by a sensor, which activates a heating element that vaporizes a solution stored in the mouthpiece. It is this vapor that is inhaled by the user.
       
    • The website www.ecigarettesusa.com, is marketing e-cigarettes as a healthier alternative to smoking and states they can be used in places where regular smoking is prohibited. They are also being marketed as a smoking cessation product. The website mentioned above is offering a $50 refund to their customers who quit smoking by taking their “E-cigarette Challenge.” Costco offers several types of cartridge options for their brand of e-cigarettes which include different flavors, nicotine levels and even a non-nicotine cartridge. See Costco.com for more information on their products.
  • Update provided to California grantees and partners:
     
    UPDATE (March 2009)
     
    Electronic cigarettes, or e-cigarettes, have been getting some attention recently in California. They have started appearing in mall kiosks around the state and are being sold online by Costco. In addition, there have been several local and national media stories on e-cigarettes, including an article in the San Jose Mercury News (archived here) and CBS News. Earlier this month, the Food and Drug Administration (FDA) stated that e-cigarettes are drug-device combinations, which means they require FDA approval prior to being legally marketed and sold in the United States.

    Yesterday, Senator Frank Lautenberg (D-NJ) sent a letter to the Food and Drug Administration asking them to take these products off the market in the United States until they are proven safe by the FDA. Click here for a link to the letter and the press release from the Senator's office. His letter cites a news release from the World Health Organization (WHO) stating that WHO does not have any scientific evidence that e-cigarettes are safe. Click here for the news release from WHO.

    Also, here is a link to a press release from the American Lung Association, American Cancer Society, American Heart Association and Campaign for Tobacco Free Kids in support of Sen. Lautenberg's efforts. 
  1. Indiana: Attached is a set of resource materials to help in addressing the promotion of electronic cigarettes in communities, which was shared with the Indiana Tobacco Prevention and Cessation (ITPC) grantees. 
    1. ITPC Executive Board statement on e-cigarettes
    2. Fact Sheet
    3. Sample Letter to the Editor Response (for partners to use when news articles are in their local papers)
       
    Talking Points:
    • Electronic cigarettes have not been approved as safe by the U.S. Food and Drug Administration (FDA).
    • There are numerous methods for treating tobacco use addiction that have been thoroughly researched and are endorsed by health care professionals. An electronic cigarette does not constitute an evidence-based approach.
    • However, there are seven first line medications that FDA has approved for treating tobacco use addiction. Smokers wanting to quit smoking should be directed to see their health care provider for assistance and to call 1-800-QUIT-NOW for sound advice.
    • We are concerned about the potential health risks and the other claims made by the manufacturers associated with these products. Such concerns can only be addressed by proper evaluation and regulation by the FDA.
  2. West Virginia: Please see the attached News 2 Use article on e-cigarettes. News 2 Use is targeted to our regional coordinators and thousands of local coalition folks across the state. We do send copies to many others, including legislators and their staff members.

Partner Responses:

  • OSH Media Network - The March 2009 Office on Smoking and Health Media Network web-cast examined "Other Tobacco Products" including several new spitless smokeless products (also known as snus), waterpipes and little cigars/cigarillos. These other tobacco products raise concerns in a number of areas:
    • Recruiting New Users - using flavors, packaging and marketing that attracts youth and young adults; some users may believe these products are less harmful alternatives to cigarettes.
    • Sustaining Addiction/Preventing Cessation – using “when you can’t smoke” messages and positioning these products as cheaper alternatives to cigarettes (especially relevant, with the impending April 1st start of the increased federal excise tax).
    • Policy Issues - taxation of other tobacco products often lags behind cigarettes, although the Federal excise tax will begin to bridge this gap. These products can also circumvent smokefree policy; helping manufacturers avoid reductions in use by offering products that can be used in smokefree venues, and via loopholes in smokefree laws that allow waterpipe cafes or cigar bars.
       
      Electronic or e-cigarettes were not addressed, because there is currently little information available about health effects or prevalence of use of the product. However, the FDA considers e-cigs an unapproved new drug and has been detaining and refusing importations since last summer, but isn't seizing products already being sold in the United States. The FDA Compliance Officer working on e-cigarettes is:
       
      Source:
      Kevin M. Budich
      Compliance Officer
      Food and Drug Administration
      CDER/Office of Compliance
      Division of New Drugs & Labeling Compliance
      OTC Drugs Team
      301-796-3304
      kevin.budich@fda.hhs.gov
  • Editor’s note: The following presentations are posted to the OSH Media Network website, along with a resource list of journal articles and other resources. The presentations are also available upon request from the presenters:


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