On Friday, Governor Chris Christie signed a bill into law raising the smoking age in the state to 21. New Jersey joins Hawaii and California in setting the legal smoking age at 21.

The New Jersey bill raised the smoking age from 19 to 21. Smoking ages vary, with the set age at 18 in most places throughout the country. But campaigns to raise the minimum age have been successful in some places–while New Jersey now joins Hawaii and California at the state level, some cities and counties have chosen to up the age to 21 as well. Perhaps most notably, New York City passed a law in 2013 that raised the smoking age to 21 within city limits. It was applauded as the first big city or state to raise the smoking age. A bill to do the same for all of New York is making its way through the state legislature currently.

A number of studies point to the fact that if people start smoking later in life, they’re less likely to become addicted and become lifelong smokers. New Jersey State Senator Joseph Vitale, one of the sponsors of the bill, explained:

Data surveys show that if individuals aren’t smokers by 21 years of age, they will most likely not start later in their lives. Making it harder to buy cigarettes by raising the age to legally purchase them in New Jersey will help prevent our youth from becoming lifelong smokers and suffering the long-term effects of the habit.

Supporters of the bill also pointed out that nicotine addiction costs New Jersey a ton of money–an estimated $4 billion in health care costs each year. According to state surveys from this year, almost 40,000 high school students in New Jersey smoke traditional cigarettes. But nicotine usage is even higher when you take into account e-cigarettes, which the new law will also restrict to 21 and up.

Raising the minimum age for smoking seems like it has the potential to become a trend in the United States. Other states are considering similar moves as well. A bill raising the minimum smoking age in Maine passed the state legislature, but it’s unclear whether or not Governor Paul LePage will sign it. It seems likely that other states trying to combat teen nicotine usage will follow suit.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Right now we all hear a lot of “Hillary Clinton this,” “Donald Trump that.” Love or hate Donald and Hillary, the 2016 presidential election has dominated our newsfeeds and happy hour conversations. And don’t get me wrong–the presidential election is incredibly important. But many of the laws that affect us on a day-to-day basis are made at the state level, often by our state legislators, but also by us, the American people. States give voters the opportunity to weigh in on important questions, and in some cases directly impact our state’s laws through ballot measures. And there’s a bunch up for grabs this year that millennials should be paying attention to. Learn more about ballot measures, and Law Street’s picks for the top five types of ballot measures we should all be paying attention to below. 

What is a Ballot Measure?

Generally speaking, a ballot measure is a public vote on a proposed issue or question that voters get to weigh in on. Rules about ballot measures vary from state to state and there are a few different ways that ballot measures end up on the ballot. One type, a ballot initiative, requires signatures from citizens who want to see the question weighed by voters. Another option is legislative referral, in which the legislature puts up a law it’s considering to be voted on. In some states, this process is required to pass an amendment to the state constitution.

Why Should I Care About Ballot Measures?

They give you a chance to weigh in directly on issues. America’s government is, at its core, a representative democracy. We elect people to make decisions for us, and we have to accept that sometimes we don’t like those decisions. We, as millennials, routinely answer in polls that we don’t trust the government, the path our country is on, or our elected officials.

But ballot initiatives are different–they’re a real, legitimate way to vote on issues we care about. There’s not really political middlemen to deal with. They’re direct democracy. Regardless of how you feel about the politicians you’ll be asked to vote for in November, it’s important that you make your voice heard on these issues, many of which can and likely will affect millennials.

Gun Control

Image courtesy of Peretz Partensky; License: (CC BY-SA 2.0)

What States are Looking at Gun Control Measures?

California’s Proposition 63: Proposition 63, which is also called the “Safety for All Initiative,” would prohibit Californians from owning high-capacity magazines, make any gun theft a felony, and tighten a variety of loopholes regarding felons owning guns. The especially contentious part of the proposal, however, is that it would require a background check and a four-year permit to obtain ammunition. Here’s the full text.

Maine’s Question 3: Question 3 would require a background check when an individual who is not a licensed firearm dealer sells or transfers a gun to another individual. They would have to meet at a licensed firearm dealer in order to conduct the background check, although there are exceptions, such as for family members. Here’s the full text.

Nevada’s Question 1: Nevada will be asking voters to vote on whether firearm transfers have to go through licensed gun dealers, and therefore be required to have a background check. Like Maine, there would be some exceptions to these provisions, like temporary transfers or transfers to family members would not require a gun dealer. Here’s the full text.

Washington’s Initiative 1491: Formally named the “Individual Gun Access Prevention by Court Order” a “yes” vote on this initiative would allow the use of courts to issue “extreme risk protection orders,” that would prevent someone from having a firearm. This would be used for people who pose a serious threat to themselves or others. Here’s the full text.

Image copyright Law Street Media

Why should we be paying attention to gun control measures?

From Columbine, to Virginia Tech, to Sandy Hook, our lives have been marked by high profile gun violence. We learned what to do if there was an armed shooter in our schools–a drill that probably would have been unthinkable to our parents. We grew up watching violent movies and playing first person shooter video games–a phenomenon that had some worried about the relationship between young people and violence. And guns affect many of our daily lives too–54 percent of Americans killed by gun violence in 2010 were under the age of 30. But exactly how to deal with this violence hasn’t necessarily manifested itself in strong support for one side or the other: do we need more control or less?

Millennials remain split on gun control measures as a whole. A 2015 Gallup poll found that 50 percent of millennials support more gun control, which stands in contrast to 57 percent of the 30-49 age bracket. A 2015 Pew poll also saw millennials almost perfectly split on whether or not to ban assault weapons.

These measures give us the chance to weigh in more directly depending on how we feel about the prospect of more restrictions and the Second Amendment.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Drunken bachelors, polite burglars, and children’s toy cars–all great additions to this week’s weird arrests. Check out the top five in the slideshow below:

Very Good Try

Image courtesy of Katsuhiro Osabe via Flickr

Amanda Schweickert, 28, of Sardinia, New York, was arrested after police noticed that she had no front license plate, and a fake license plate on the back of her car. That fake plate was made of cardboard–and not even well done. See it here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Weird Arrests of the Week appeared first on Law Street.

College students are big partiers–that’s no secret. But their vice of choice may be changing. Marijuana use is up among college students, surpassing cigarettes for the first time. Even more surprisingly, rates of alcohol abuse are also falling.

The study looked at 1,500 students at two and four year universities around the country in order to reach its conclusions. According to the study, habitual cigarette usage among students is down to about five percent, a sizable drop from years past. Just 16 years ago, in 1999, 19 percent of college students reported daily cigarette use. On the other hand, almost six percent of college students use marijuana daily. That’s the highest rate since 1980, when data reporting marijuana use among college students was first reported.

The rate of students using marijuana semi-regularly is also up. According to the Chicago Tribune: “Twenty-one percent of the college students surveyed said they had used marijuana at least once during the previous month, and 34 percent said they had used it in the past year.”

Incidences of dangerous drinking among college students are also decreasing. Binge drinking among college students, defined as having five or more drinks in a row in the past two weeks has dropped  from 44 percent in 1984 to 35 percent in 2014. Extreme binge drinking, which is defined as “having had 15 or more drinks in a row at least once in the previous two weeks,” is falling. Only five percent of students reported that behavior in this year’s study.

But this news isn’t unique to college students. This sort of shift is consistent with the general population’s views on cigarettes and marijuana. Now that multiple states have legalized the recreational use of marijuana, and medical use is all but commonplace in many other states, the use of weed is becoming more and more acceptable. A majority of Americans–a slim majority, but a majority all the same–believe that recreational marijuana should be legalized for adults. Additionally, a majority of Americans believe that alcohol is more dangerous to an individual’s health than marijuana. And possibly most strikingly, almost exactly half of Americans have tried marijuana at some point in their lives.

Of course as weed becomes more acceptable generally nationwide, it’s important that the risks that are still associated with marijuana, particularly for young people, are not overly minimized. Some studies have raised concerns that for young people whose brains are still developing, marijuana can have some negative long term effects.

That being said, overall there’s a lot of good news in the study. Alcohol and cigarettes have long been consumed at worrisome levels by college students. College students will probably always partake in illegal substances, but changes to the ways in which they do so will probably continue to reflect the national zeitgeist when it comes to drug and alcohol acceptance.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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When it comes to smoking cigarettes, public support for the known cancer-causers has consistently dwindled in recent decades thanks mainly to national “quit smoking” campaigns. In an attempt to help further curtail tobacco consumption, one state is poised to take further action by changing its minimum legal smoking age.

Last Friday, the Hawaii legislature passed a bill, that if signed into law by Governor David Ige, will make it the first state in the nation to raise its minimum legal smoking age from 18 to 21. The bill would ban individuals under the age of 21 from buying tobacco products, including e-cigarettes.

Some communities, counties, and cities, including New York City, have already approved initiatives to raise the smoking age. But if this bill is signed into law, it will make Hawaii the first state to entirely do so.

However, when it comes to enforcing the new legal smoking age, the punishment for underage violators is almost laughable. According to the Associated Press, first-time offenders will be fined a measly $10, which is roughly 50 cents more than the cost of a pack of cigarettes in the state. Any later violations would lead to a $50 fine or mandatory community service.

In a statement from the Campaign for Tobacco-Free Kids commending the bill’s passage, the nonprofit asserts that currently more than 10 percent of Hawaii’s high school students smoke, and tobacco use overall in the state claims 1,400 lives and costs $526 million in health care bills each year. Therefore supporters of the measure say that raising the legal smoking age will help reduce smoking among young people who will probably use tobacco products as adults.

Democratic state Senator Rosalyn Baker who introduced the bill told the AP:

Today we have the opportunity to change the paradigm…

While the industry is not allowed to directly market to children, it is still developing packaging and advertising products in ways that appeal to children,

Some of the advertising she’s referring to are candy flavored e-cigarettes that are increasingly gaining popularity with youths. According to Baker, the favorite flavors among teens who use electronic cigarettes are sweet tart and “unicorn puke”, which has been described by some as a combination of every flavor of Skittle in one.

Interestingly enough, the AP also reports that projections for raising the minimum smoking age to 21, from a report conducted by the Institute of Medicine, predict smoking prevalence would fall an estimated 12 percent.

If signed into law, the new minimum age probably won’t be welcomed by all. Critics may use the old argument that “if you’re old enough to enlist you should be old enough to smoke.” But given that lung cancer is the leading cause of cancer deaths in America, laws like this may become more common.

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E-cigarettes are one of America’s latest trends. Since entering the United States over the last ten years, they have taken the smoking community by storm. To many of us however, they are still somewhat of a mystery. Generally, we have a sense that they are less harmful than cigarettes, but how much less harmful exactly? With any new product, it is hard to foresee long-term health effects. But what do we know so far? Should e-cigarettes and their advertisements be regulated similarly to conventional cigarettes? Read on for a breakdown on what e-cigarettes are, the debates over them, and what regulation is being discussed.

What are electronic cigarettes?

E-cigarettes, also known as e-cigs and vaporizer cigarettes, are used as an alternate method to smoking tobacco via cigarettes, pipes, or cigars. They are battery operated and don’t involve smoke inhalation. The idea is that they bypass tobacco smoke, which can include more than 7,000 different harmful chemicals, many of which are known to cause cancer, heart disease, and lung disease. Some of the more well-known poisonous chemicals are cyanide, methanol, and ammonia. In addition, tobacco smoke includes tar, carbon monoxide, and nitrogen oxide.

Many e-cigs are designed to look like cigarettes and create a similar experience for those who are smoking them. A Chinese pharmacist perfected them in 2003-2004 and they were quickly brought to the international market in 2005-2006. In the current, automatic versions, a user sucks on an end piece to activate a sensor that allows a heating element to vaporize a liquid solution held in the mouthpiece.

Components

E-cigarettes are generally reusable and come in three parts: the Mouthpiece, the Atomizer, and the Battery.

• Mouthpiece (Cartridge): The mouthpiece holds the liquid solution, also known as e-liquid and e-juice. This solution can contain different grades of nicotine and come in a variety of flavors. Some are meant to imitate established cigarette brands, while others are more exotic. The nicotine is most often dissolved in propylene glycol, a food additive. The FDA has labeled propylene glycol as a “Generally Recognized as Safe” (GRAS) substance.
• Atomizer: This is the heating element that allows for vaporization. It requires replacement every three to six months.
• Battery: The battery is the largest piece of the e-cigarette. It is usually lithium-ion and rechargeable. It catalyzes the heating element and often contains an LED light to showcase activation.

Nicotine 

This product eliminates the inhalation of tobacco smoke, however it is important to note that nicotine itself isn’t very healthy. Although it is not the element of cigarettes that causes cancer, the U.S. Surgeon General has linked nicotine to negative impacts on fetal and adolescent brain development, premature birth, and low birth weight. In rare cases, nicotine can even cause abnormal heart rhythm and atrial fibrillation. It is also known to cause mouth irritation, mouth and throat pain, high blood pressure, and canker sores.

In 2014, a study found that “e-cigarettes with a higher voltage level have higher amounts of formaldehyde, a carcinogen.” This is under debate however due to the methods and nature of the study.

How are conventional cigarettes regulated?

We already know that smoking tobacco is awful for your health. It is to blame for 30 percent of all cancer deaths in the U.S., and accounts for 87 percent of lung cancer deaths in men and 70 percent in women. As a result of these health concerns, cigarettes and their advertisements are heavily controlled. To ascertain whether e-cigarettes should be similarly regulated, we need to understand established cigarette regulations. Here are some recent highlights.

The Family Smoking Prevention and Tobacco Control Act

The Family Smoking Prevention and Tobacco Control Act, passed in 2009, authorized the FDC to regulate the manufacture, distribution, and marketing of tobacco products. It requires prominent warning graphic labels for cigarettes and larger text warnings on smokeless tobacco products. It regulates describing tobacco products as “light, low, or mild.” Tobacco companies must yield research on health, toxicological, behavioral, or physiologic effects of tobacco use. The FDA can conduct compliance check inspections of any establishment selling tobacco products and fine any establishments not adhering to set regulations. It also requires tobacco manufactures to receive an order or exemption from the FDA before it can introduce new tobacco products.

Other parts of the law are focused on preventing advertisements aimed at America’s youth. Cigarettes cannot be flavored. The packaging design and color must be muted. It prohibits tobacco brands from sponsoring “sporting, entertainment, or other cultural events.” It prohibits free samples of cigarettes. And lastly, it prohibits tobacco branding on non-tobacco products.

E-Cigarette Regulation

Currently, there aren’t any regulations concerning the manufacture, distribution, and marketing of e-cigarettes. The only type of e-cigarettes subject to regulation are those designed for therapeutic purposes, as the FDA has authority to oversee those.

Only three states in the U.S. ban e-cigarettes in designated 100 percent smoke-free venues: Utah, New Jersey, and North Dakota. Only 15 states restrict the use of e-cigarettes in other venues. There are 162 local laws that restrict e-cigarettes in various venues, but those appear to be few and far between.

Are e-cigarettes dangerous?

The question remains: should we be worried about e-cigarettes? That’s a debate that’s happening across the country. They do eliminate deadly smoke inhalation, the most detrimental part of smoking cigarettes. However, there are still concerning aspects of e-cigarettes that need to be taken into account.

E-Cigs as a Gateway to Smoking for Young Adults

The Journal of the American Medical Association (JAMA) published a 2014 study entitled, “Electronic Cigarettes and Conventional Cigarette Use Among US Adolescents.” The study was conducted out of a concern over the increasing use of unregulated e-cigarettes by today’s youth. The results came from a sample of U.S. middle and high school students who participated in the 2011 and 212 National Youth Tobacco Survey. It found:

Use of e-cigarettes was associated with higher odds of ever or current cigarette smoking, higher odds of established smoking, higher odds of planning to quit smoking among current smokers, and, among experimenters, lower odds of abstinence from conventional cigarettes. Use of e-cigarettes does not discourage, and may encourage, conventional cigarette use among US adolescents.

In accordance, a 2013 study published by the Centers for Disease Control and Prevention (CDC) concluded that:

Youth who had never smoked conventional cigarettes but who used e-cigarettes were almost twice as likely to have intentions to smoke conventional cigarettes as those who had never used e-cigarettes.  Among non-smoking youth who had ever used e-cigarettes, 43.9 percent said they have intentions* to smoke conventional cigarettes within the next year, compared with 21.5 percent of those who had never used e-cigarettes.

Additionally, the CDC found that more than 250,000 young adults who have never smoked a cigarette have tried an e-cigarette. That is a triple increase from 2011.

Targeting youth?

If these studies are indicative of reality, then it’s scary to think of how e-cigarette companies are targeting the youth demographic. According to a study published in Pediatrics, “electronic cigarette advertisements increased by 256 percent from 2011 to 2013 and young adult exposure to e-cigarette ads jumped 321 percent in the same time period.“ It found that 75 percent of youth exposure to e-cigarette ads happened through the medium of cable networks like AMC, Comedy Central, and VH1. E-cigarette ads appear on programs like “The Bachelor,” “Big Brother,” and “Survivor,” which were rated amid the 100 highest-rated youth programs in 2012-13.

Other tactics accused of being aimed at young adults include free giveaway samples at music and sporting events, candy flavors, and the glamorization of packaging. All of these actions have been banned for traditional cigarettes companies because of their appeal to the youth.

 Do e-cigs help people quit smoking?

It’s difficult to determine. Studies indicate that they don’t necessarily help stop smoking.

JAMA Study Findings

As previously discussed, the 2014 study published by JAMA found that e-cigarettes do not help smokers quit. Specifically with regard to quitting smoking, 88 (out of 949) smokers claimed to start using e-cigarettes at the beginning of the study. In the next year, 13.5 percent of those 88 quit smoking traditional cigarettes. Almost equal percentages of e-cigarette users and solely traditional smokers quit smoking traditional cigarettes within the year. The difference was so slight, it fell within the study’s margin of error.

There are also testimonials, easily found online, that share success stories of smokers that quit with the help of e-cigarettes. These findings and interviews are not to say that it never happens, but it does not seem to be the norm.

Discussions for Future Regulation

The FDA has the authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. The FDA proposed the “deeming rule” on April 24, 2014 to extend tobacco products to include e-cigarettes. If approved, e-cigarettes would be regulated in the same manner as traditional cigarettes. This includes federal prohibition on free sampling, federal warning label requirements, and age verification requirements for retailers. It is still uncertain when and to what extent the FDA will be empowered to regulate e-cigarettes.

Conclusion

Studies looking into e-cigarette health concerns and their position as a gateway product for America’s youth are still new. The product only reached the U.S. in the last ten years and nothing is 100 percent conclusive. On one hand, smoking an e-cigarette is less harmful to your health than smoking a traditional cigarette. If a traditional smoker quits cigarettes and manages to only smoke e-cigarettes for the rest of his or her lifetime, that is a good thing. In the same respect, if a young adult who would have developed a smoking habit only ever uses e-cigarettes because of their availability, that is also a good thing. On the other hand, e-cigarettes aren’t necessarily safe for your health just because they are safer than cigarettes. And we could eventually find that they definitively promote cigarette smoking. The government and FDA can revisit the subject when there is more conclusive information available.

Resources

Primary

JAMA Pediatrics: Electronic Cigarette and Conventional Cigarette Use Among U.S. Adolescents

FDA: Deeming Tobacco Products to Be Subject to the Food, Drug, and Cosmetic Act

FDA: E-Cigarettes

Additional

BeTobaccoFree.gov: Law/Policies

American Cancer Society: Tobacco-Related Cancers Fact Sheet

American Lung Association: General Smoking Facts

American Nonsmokers’ Rights Foundation: U.S. State and Local Laws Regulating Use of Electronic Cigarettes

E-Cigarette Research: The Deception of Measuring Formaldehyde in E-Cigarette Aerosol

American Lung Association: Statement on E-Cigarettes

Medical News Today: What Are E-cigarettes?

RTI International: E-Cigarette TV Ads Targeting Youth Increased 256 Percent in Past Two Years

Science News: E-Cigarettes Don’t Help Smokers Quit

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

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California legislators are currently mulling legislation that would change the minimum smoking age in the state from 18 to 21. The bill was filed this week in the California Senate, and in addition to raising the minimum age, it would allow the State Department of Public Health to conduct random inspections of cigarette retailers.

This bill was filed by Democratic State Senator Ed Hernandez, who represents a part of Los Angeles County. His bill is supported by many prominent health advocacy organizations, including the American Cancer Society, the Cancer Action Network, and the American Lung Association.

Although the bill would legalize alcohol and cigarettes at the same age for young people–21–the motivations seem to be different. While alcohol-restriction laws are mostly based on developmental health and public safety, the attempt to restrict cigarettes to only those over 21 seems to be more focused on preventing teens from smoking young and getting addicted. President of the California Medical Association Luther Cobb explained “that increasing the age at which people can purchase tobacco from 18 to 21 will help reduce tobacco use in young people, hence reducing the number of preventable diseases.”

Although this would be a great step toward reducing the prevalence of teenagers beginning smoking habits at younger ages, Hernandez realizes that his bill means standing up to the powerful tobacco companies–and their lobbying forces. Hernandez said in a statement:

Tobacco companies know that people are more likely to become addicted to smoking if they start at a young age. We can no longer afford to sit on the sidelines while Big Tobacco markets to our kids and gets another generation of young people hooked on a product that will ultimately kill them.

California isn’t the only state to move toward changing the rules when it comes to smoking. Earlier this month, Washington State Attorney General Bob Ferguson proposed legislation that would raise the minimum smoking age to 21 in that state as well. Ferguson cited the fact that 90 percent of those who are smokers began the practice in their teens as his reasoning for pushing this bill. In addition to preventing teenagers from smoking, Ferguson pointed out that it would save Washington money in healthcare costs. Two Washington state legislators, Republican Senator Mark Miloscia and Democratic Representative Tina Orwall, stood with Ferguson in a bipartisan effort, although like in California, it’s expected that getting such legislation passed will require a fight against tobacco companies and the politicians they fund.

While Washington and California are certainly getting in on this movement earlier, they aren’t alone. Most states require that residents be 18 to smoke, though some have set the age at 19. Utah, New Jersey, Alabama, and Alaska, as well as the District of Columbia, all have minimum smoking ages of 19.

There are also cities and counties that have made the move. For example, Hawaii County, also known as the “Big Island” of Hawaii, has raised its smoking age to 21, as well as select counties in other states such as Massachusetts. Even more notably, New York City raised its legal smoking age to 21 at the beginning of 2014.

While it will certainly be an uphill battle given the money in Big Tobacco’s coffers, the moves to up the smoking age in California and Washington are encourging. While the percentage of young smokers has fallen dramatically in the last 50-odd years, hopefully bills like these will continue to drop that number even further.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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It seems as though the fake tanning trend is finally nearing its expiration date. Or at the very least, its legal limits. In recent months, multiple states have moved to restrict the ability of minors to access tanning beds. Teens under 18 in the states that have moved to legislate may need parents’ permission before indulging in the fake-UV rays, or be banned altogether.

Just a few years ago, tanning beds seemed ubiquitous for high school students looking to get a little more orange, despite that the dangers of tanning beds have been well known for years. Laws have always varied, but more states are moving toward banning minors outright, or requiring parental consent for those under 18. The American Cancer Society (ACS) tends to recommend the latter, highlighting the danger of tanning beds for young people. ACS South Dakota’s grassroots manager Carmyn Egge recently pointed out, “what we have found is that a person under the age of 35, who uses an indoor tanning device, their likelihood of getting a melanoma diagnosis [increases] by 59 percent.” Cindy Caneveri, of the American Cancer Society’s Cancer Action Network has cited similar statistics to the press, explaining:

Melanoma is now the second most common cancer for ages 15 to 29, and most common for ages 25 to 29. Melanoma is cumulative, so if you start out using a tanning bed [in your teens], you’re not seeing cancer until your late 20s.

States that have banned tanning completely for those under 18 include: California, Texas, Vermont, Illinois, Oregon, Nevada, Washington, Minnesota, Hawaii, and Louisiana. Delaware just recently passed a bill as well, although it won’t go into effect until 2015.

While the states above have banned teen tanning outright, some states are settling for restricting the ways in which teens can tan. This summer, a new law went into effect in Pennsylvania making tanning tougher on minors. The Indoor Tanning Regulation Act took place last month, and banned anyone under 16 years old from using a tanning bed. It also required that 17 year olds have parental consent. A recently passed Missouri law is also cracking down on the ways in which teenagers can tan indoors. The state now requires that anyone under the age of 17 provide written permission from a parent before using tanning facilities.

The Indoor Tanning Association disagrees with the bans on younger people, pointing out that 16 year olds can drive, own guns, and in certain cases get married, so they should not be limited in their choices to engage in indoor tanning.

The laws, however, do make a lot of sense. Tanning can be a harmful alteration to your body, and it’s logical to leave the ability to consent up to adults. Cigarettes, for example, are illegal until an individual turns 18 and is no longer a minor. Skin cancer is actually more frequent at this point than lung cancer. Each year in the United States, approximately 420,000 new cases of skin cancer are diagnosed that can be traced back to indoor tanning. In comparison, a total of about 225,000 new lung cancer diagnoses were expected in the U.S. in 2014. While cigarettes and tanning beds carry very different types of carcinogens, the move toward restricting harmful activities for those underage is a traditional practice.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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There is a new danger posing a massive threat to the health and longevity of young people. It holds the potential to be more lethal than MDMA, Heroin, tobacco, and every other street drug combined. The name of this new terror? Electronic cigarettes, designed to help the smokers of the real thing quit. DUN, DUN, DUN! Everybody start homeschooling your kids lest they pick up this atrocious habit and head down a lifelong path of recklessness. The scents of fruits and baked goods that encompass the flavors of electronic cigarette juice will surround the nation’s youth like an ominous black thunder cloud. Inhale vapor, exhale Satan’s breath.

The above paragraph is what is called hyperbole, a dramatic exaggeration for added emphasis. Recently, New York state passed a ban on electronic cigarettes in Central Park. I understand banning them indoors, where it makes complete sense that someone in a place like a restaurant would not want to eat his entree in a cloud of someone else’s electronic cigarette vapor. But in an enormous, unenclosed space? If it is between someone vaping e-cigarettes and smoking traditional ones, what would you choose?

Nicotine: Save our Children from this Toxic, Relentless Horror

A 2011 federal court case gives the Food and Drug Administration the authority to regulate electronic cigarettes under existing tobacco laws presumably because they deliver nicotine, which is derived from tobacco. This broad generalization that all electronic cigarettes “deliver nicotine” is not even true, since the flavored juices that turn to vapor via the use of devices often contain less nicotine than cigarettes and sometimes none whatsoever. Most articles stressing the health risks associated with nicotine delivered via e-cigarettes conveniently leave out this fact. Thankfully, an article on HowStuffWorks correctly points out that “there are also cartridges available that contain flavored liquid without nicotine, for users who want the sensory experience of smoking a cigarette without the harmful effects.”

According to an article bashing electronic cigarettes as a horrific danger to us all, the juice “poses a significant poisoning risk.” The article cites that, according to the CDC, “The number of calls to poison centers involving e-cigarette liquids containing nicotine rose from one per month in September 2010 to 215 per month in February 2014.” More than half of those calls involved children under age five.” How does this differ in any way from children getting into their parents’ medicine cabinets and overdosing on some candy-flavored medication? Here’s how you solve the issue of children getting a hold of electronic cigarette juice — put it on a higher shelf. There. I just solved one of the greatest concerns associated with e-cigs. Additionally, now that the good ol’ FDA is involved, they will probably make the juices childproof.

But of course, the concerns don’t stop there. The FDA claims that e-cigarette use can “increase nicotine addiction among young people and may lead kids to try other tobacco products.” First of all, please see my above comment about the nicotine-free juices. Additionally, in most states, minors are not allowed to purchase e-cigarettes or their accessories. Louisiana, one of the few exceptions previously, now prohibits the sale of e-cigarettes to minors. That law I get, because minors have underdeveloped brains that make rash decisions just to piss off their parents and the authorities. They are not trying to stop blackening their lungs and potentially giving themselves cancer by switching to a healthier method of getting their nicotine fix. Huge difference.Third, in response to leading kids to try other tobacco products, who wants to go from inhaling a smooth vapor flavored like delicious baked goods or refreshing fruits to choking down repulsive, chemical-laden and bitter tobacco smoke? No one, that’s who.

Toxic Vapor

Those adamantly calling for the banning of e-cigarettes argue that their juice has a high chemical content; however, the substance that is inhaled when vaping typically has four ingredients: propylene glycol, vegetable glycerin, nicotine, and food-grade flavors, whereas cigarette smoke contains substances such as carbon monoxide, tar, arsenic, ammonia, cyanide and acetone among many others. The Boston University School of Public Health has gone on record saying that “few, if any, chemicals at levels detected in electronic cigarettes raise serious health concerns.”

The FDA is more anxious than a preteen girl at a high school dance to regulate the heck out of e-cigarettes. Mitchell Zeller, director of the FDA’s Center for Tobacco Products, said the agency is exploring potential product standards in the areas of addiction, toxicity, and product appeal as it prepares to gain regulatory authority over electronic cigarettes and other nicotine-delivery devices. One of the positive aspects that would go hand in hand with these regulations would be the increased public education by the FDA.

It’s not the nicotine that kills half of all long-term smokers, its the delivery mechanism.
-Mitchell Zeller

Well said Zeller, well said.

Exploding E-Cigs

Another oft-cited criticism of e-cigarettes is that they have exploded in the mouths of their users. I’m not sure which punch I want to throw at this absurdity first. Let’s start with all of the explosions our beloved friends cigarettes have caused in their long reign. The fact that there are signs at gas stations warning smokers to smother their cancer-causers prior to fueling clearly started as a result of an explosion caused by the proximity of a cigarette to the flammable substance gasoline. Search “cigarette gas station explosion” on any search engine and the page will instantly bombard you with a string of news stories. Electronic cigarettes that explode generally have been tampered with in some way or another by their owner. Before you decide to label all e-cigarettes as potentially causing your face to burn off, remember that quality electronic cigarettes come with safeguards like automatic battery shutoffs or smart chargers that prevent overheating, and are properly tested prior to sale. According to manufacturers, regular e-cigarette batteries can’t do much damage even in the extremely unlikely event of their explosion.

My Lungs Hurt!

Let me cite and mercilessly rip apart another anti-electronic-cigarette argument. According to a scholarly article, “despite the marketing claims that e-cigarettes are safer than smoking tobacco, researchers are finding e-cig users experience diminished lung function, airway resistance and cellular changes, regardless of whether or not they currently (or ever) smoke cigarettes. Users who vape nicotine-free e-cigs can’t escape the effects, either; they also experience airway resistance and other signs of inflammation as side effects of e-cigarette use.” However, all tests done with e-cigarettes are short term studies, as in what happens ten minutes after you inhale their vapor. Additionally, nicotine isn’t the culprit of airway resistance and inflammation. Tobacco has thousands of carcinogens and causes 90 percent of lung cancer, while short term studies indicate some minor inflammation after vaping on an electronic cigarette. Which would you choose? A painful, lingering and potentially lethal disease or about ten minutes of smaller airwaves?

While one study performed by Greek researchers at The European Respiratory Center found that “E-cigarettes, electronic tubes that simulate the effect of smoking by producing nicotine vapor, caused an immediate increase in airway resistance, lasting for ten minutes, making it harder for participants to breathe,” another study by Greek researchers published in February 2013 found that e-cig use did not affect short term lung function in comparison to both mainstream and sidestream tobacco smoke. The important aspect to note in the first study’s findings is that it increased airway resistance for “ten minutes.” Oh Heaven forbid, TEN whole minutes! I guess in this ADD era of short attention spans, that is basically a lifetime…

E-Cigarettes Already Making a Difference

Yet there is success story following success story of musicians, athletes, and other individuals who push their lungs to the physical limits as part of their jobs switching from traditional cigarettes to electronic ones.

Playing a wind instrument requires an incredible amount of lung capacity and physical endurance. I used to smoke analog cigarettes and my lungs hurt every day, and playing upwards of 8 hours a day in college with painful lungs was absolutely miserable. As soon as my friend brought the earliest version of the now much more advanced electronic cigarette to rehearsal, I knew there was hope and I had to make the switch. I vape almost constantly every single day and ever since I switched from cigarettes to electronic cigarettes my lungs haven’t hurt once. I can’t remember the last cigarette I smoked, and I have no plans to start again.

-Alex Cazet, freelance saxophone musician

Switching from traditional to electronic cigarettes also makes a huge difference for athletes. Online forum after online forum feature athletes relaying statements about the huge difference e-cigs made in their athletic performance, health, and lives overall. With the potential of e-cigarettes providing extreme health benefits for previous cigarette smokers, it only makes sense to make their use completely legal. Yet state after state is imposing ridiculous bans on the devices. At the moment, North Carolina is considering adding a tax to e-cigarettes. Okay, let’s take a long, hard look at what this will cause. One of the reasons cigarette smokers want to quit: it costs a ton, especially with the jacked-up tax rates on each pack they buy. So, if saving money by switching to electronic cigarettes is no longer a draw, then a good number of smokers destroying their health will just shrug their shoulders and stick with their nasty habit. There are also a vast amount of laws banning the use of electronic cigarettes which are, rightfully so, pissing off their dedicated users. In New York, electronic cigarette users took part in a “vape-in” to protest the New York City ban on the devices. New Jersey, Utah, and North Dakota already have similar bans and more states are considering following suit.

These over-the-top laws, regulations and the seemingly sudden backlash against electronic cigarettes are completely befuddling to me. I admit that, due to their relatively recent popularity and invention, the effects of electronic cigarette use ought to continue being studied. Although the e-cig juices found to contain toxins are often poorly made, cheap options while there are myriad options on the market that are comprised of organic materials. Tobacco cigarettes, on the other hand, contain thousands of toxins including arsenic, a deadly poison.

So, aside from “grossing out” Rachael Ray and giving kids a new device to covet and try to obtain from their older friends, e-cigarettes hardly pose a more pertinent threat than that of their toxin-laden tobacco predecessors. Well, now that I feel I have educated the public, I’m off to go vape. Peace.

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Marisa Mostek (@MarisaJ44) loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

Featured image courtesy of [Joseph Morris via Flickr]

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

The post Vaporizing E-Cigarette Myths appeared first on Law Street.

Three years ago, the Food and Drug Administration said it would regulate e-cigarettes.

Although it took longer than expected, the FDA kept its promise.

While certain states and cities across the country have already taken steps to ban the increasingly popular battery-powered devices, the FDA proposed restrictions for the first time Thursday.

Similar to the way it currently regulates traditional cigarettes, the FDA is planning to take the following steps against their electronic counterparts:

• Banning the sale of e-cigarettes to minors.
• Prohibiting the distribution of free samples.
• Banning the sale of e-cigarettes in vending machines – unless the vending machines are located in places where young people aren’t admitted.
• Requiring e-cigarettes to include warning labels, making it clear they contain the addictive chemical nicotine.
• Requiring e-cigarette companies to publicly disclose their products’ ingredients.

Additionally, the proposal would require FDA approval before any new e-cigarettes can be sold. Current products would have to “provide a justification for remaining on the market.”

Despite the urging of many tobacco critics, the FDA’s regulations fall short of broader restrictions. No action will be taken regarding online sale of e-cigarettes, TV advertisements, and the use of various flavorings and sweeteners – all deemed by critics as a way of attracting young smokers.

Pegged as a safer alternative to traditional smoking, e-cigarettes are marketed as a way to not only draw people away from traditional cigarettes but also as a means of helping smokers kick the habit completely.

While it’s generally accepted that e-cigarettes are safer than traditional cigarettes, many point to the lack of substantial research into possible health risks as a serious concern.

“Right now, for something like e-cigarettes, there are far more questions than answers,” Mitch Zeller, director of the FDA’s Center for Tobacco Products, told NPR.

One of the most pressing questions is how safe are electronic cigarettes really? One FDA study found that e-cigarettes “potentially release carcinogens and toxic chemicals.” Further research is needed to confirm the FDA’s findings, but supporters of e-cigarettes point to the fact that electronic cigarettes, unlike traditional cigarettes, do not emit tar, carbon monoxide, or hydrogen cyanide.

Still, the main concern is that the e-cigarette industry has been rapidly evolving without any form of regulation. According to Zeller, the goal of the proposed restrictions is to “create a framework.” “We’re calling this the first step,” he said and continued that “for the first time, there will be a science-based, independent regulatory agency playing a vital gate-keeping function.”

As Zeller puts it, the proposal puts the FDA in “a position to ensure that the products are as safe as they could possibly be.”

Safety, as it turns out, is one area where the FDA and e-cigarette industry have found common ground.

“We are extremely relieved that all e-cigarette companies will be regulated, and forced to achieve and maintain the same high standards that Vapor Corp., and several of our responsible competitors, have been imposing on ourselves for years,” said Jeffrey Holman, president and director of Vapor Corp, in an interview with NPR.

Other players in the industry patted the FDA on the back as well, commending the agency for committing to a science-based regulatory process.

“What they did today was very encouraging. […] We’ve already done many things to prepare ourselves and act responsibly,” Miguel Martin, president of the e-cigarette company Logic Technology Development, told The Washington Post. He went further to say that “at least speaking for my company, this will not be the tobacco wars of the 80s and 90s.”

Despite a largely positive reception, there are those – on both sides of this issue – who are not happy with the FDA’s new proposal.

“This is worse than I expected,” said American Vaping Association board member Greg Conley in an interview with the Post. Conley said he agreed with the age restrictions but had hoped existing products would be grandfathered in. Instead, existing e-cigarette companies will have to file applications for their products to remain on the market. “A lot of these companies, they are supporting several employees, investing any profits back into their business. They can’t afford this, and it’s going to lead to a whole lot of consolidation and increased prices for consumers,” he said.

Some public health advocates, while accepting of the proposed regulations, are upset the FDA was not more aggressive when e-cigarettes first hit the shelves.

Matthew Myer, president of the Campaign for Tobacco-Free Kids, says the FDA’s action is long overdue. “It is inexcusable that it has taken the FDA and the administration so long to act,” Myers told NPR, and “this delay has had serious health consequences as these unregulated tobacco products have been marketed using tactics and sweet flavors that appeal to kids.”

As far as immediate change goes, don’t expect anything too soon. Before the new regulations can be made official, there will be a 75 day period where the public will be able to comment on the FDA’s proposal. Once the restrictions are finalized, e-cigarette companies will be required to comply with the age and ID restrictions almost immediately. Although their products will be able to stay on the shelves, companies will have to submit applications for approval of their products within two years.

[NPR] [The Washington Post] [USA Today]

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Matt DiCenso

Featured image courtesy of [Michael Dorausch via Flickr]

Matt DiCenso

Matt DiCenso is a graduate of The George Washington University. Contact Matt at staff@LawStreetMedia.com.

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