In an action that’s been called a “public health power move” and a “step in the right direction,” the federal agency responsible for regulating food safety and drugs is taking on smoking addiction.

Scott Gottlieb, commissioner of the Food and Drug Administration, announced the agency’s comprehensive plan to reduce nicotine in cigarettes to non-addictive levels. Citing smoking’s yearly death toll of 480,000, Gottlieb, appointed by President Donald Trump, said the FDA is “ready to do its share” in preventing smoking addiction in future generations.

“Unless we change course, 5.6 million children alive today will die prematurely later in life from tobacco use,” Gottlieb said in his July 28 remarks. “A renewed focus on nicotine can help us to achieve a world where cigarettes no longer addict future generations of our kids.”

This is the widest use of the FDA’s tobacco regulation power as granted by the Family Smoking Prevention and Tobacco Control Act. The act, passed in 2009 under President Barack Obama, gave the FDA regulatory power over tobacco–until now that power has not been used.

The FDA’s announcement comes as more state governments are hopping on the bandwagon to combat teen smoking addiction. New Jersey recently joined Hawaii and California in raising the legal smoking age to 21.

Though the opioid addiction crisis has been a major priority for the government in recent years, Gottlieb said he views the FDA’s opportunity to confront nicotine addiction with the same obligation.

“I’ve pledged a deep commitment to taking aggressive steps to address the epidemic of addiction to opioids,” Gottlieb said. “I’ll pursue efforts to reduce addiction to nicotine with the same vigor.”

We commend @SGottliebFDA & @US_FDA for adopting a common sense, balanced approach to tobacco & nicotine regulation. https://t.co/hOWUntQLhA pic.twitter.com/adf3MabZJx

— Tom Price, M.D. (@SecPriceMD) July 31, 2017

The agency’s next steps include seeking the public’s input on several tobacco and e-cigarette related topics, such as the prevalence of kid-friendly flavors in vaping products.

“Public input on these complex issues will help ensure the agency has the proper science-based policies in place to meaningfully reduce the harms caused by tobacco use,” said Mitch Zeller, director of the FDA’s Center for Tobacco Products.

The nicotine-reduction plan overshadowed the FDA’s announcement of several compromises on e-cigarette regulations, including the decision to postpone the deadline for companies to submit applications for new products by five years, to 2022.

These revised timelines will give the agency time to evaluate how new products and a changing tobacco market best fit into the agency’s wider goal of fighting smoking addiction, according to an FDA release.

“This action will afford the agency time to explore clear and meaningful measures to make tobacco products less toxic, appealing and addictive,” the release reads.

Anti-smoking advocates have criticized this move, saying Gottlieb’s nicotine-reduction plan was announced to detract from the potential consequences of postponing regulations on products that children and teenagers are using more.

In a statement, Matthew Myers, president of the Campaign for Tobacco-Free Kids, called the delay a “serious error.”

“This long delay will allow egregious, kid-friendly e-cigarettes and cigars, in flavors like gummy bear, cherry crush and banana smash, to stay on the market with little public health oversight,” Myers said. “There is no reason to allow these products to stay on the market while developing and implementing the comprehensive strategy Dr. Gottlieb outlined today.”

The Los Angeles Times Editorial Board published a response to Gottlieb’s announcement, calling it “troubling,” and questioning the commissioner’s intentions.

“We want to believe Gottlieb is sincere about regulation limiting nicotine,” the piece reads. “It would be one of the most important accomplishments of the Trump administration, though it would take years to implement. The damage caused by delaying the regulations on other tobacco products, however, will be immediate.”

Avery Anapol

Avery Anapol is a blogger and freelancer for Law Street Media. She holds a BA in journalism and mass communication from the George Washington University. When she’s not writing, Avery enjoys traveling, reading fiction, cooking, and waking up early. Contact Avery at Staff@LawStreetMedia.com.

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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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The Centers for Disease Control and Prevention (CDC) just conducted the annual National Youth Tobacco Survey and discovered that e-cigarettes are being heavily marketed to American teens.

The study, which was released Tuesday, concluded that seven out of 10 middle and high school students are being reached by e-cigarette companies through advertising. The concepts and themes being used by the companies mirror those used in cigarette advertising in the past. The CDC report stated:

E-cigarette ads use many of the same themes — independence, rebellion, and sex — used to sell cigarettes and other conventional tobacco products.

Right now, there aren’t a lot of regulations dictating how e-cigarettes can or can’t be marketed. For example, e-cigarette producers can advertise on TV, which traditional cigarette manufacturers haven’t been able to do since laws were passed to prevent exactly those practices four decades ago. According to CDC Director Tom Frieden,

The e-cigarette advertising we’re seeing is like the old-time Wild West…No rules, no regulations and heavy spending advertising the products.

However, the Food and Drug Administration (FDA) is working on finalizing rules to govern sales to minors–it first proposed them in April of 2014, but they haven’t gone into place yet.

At the same time that more American teens and pre-teens are seeing e-cigarette ads, their use of e-cigarettes is also steadily climbing. More U.S. teenagers are using e-cigarettes than traditional cigarettes–13.4 percent reported e-cigarette use in 2014, but only 9.2 percent reported using traditional cigarettes. While e-cigarettes are believed to be less dangerous than traditional cigarettes, there’s a pretty serious concern that they could become a gateway to traditional cigarette use for young people. A study that was published in the Journal of the American Medical Association in August 2015 concluded that freshmen in high school who used e-cigarettes were 2.5 times more likely to try traditional cigarettes down the road.

This news from the CDC comes at a time when many parts of the United States are trying even harder to keep young people away from cigarettes. For example, the state of Hawaii just made history by becoming the first state to raise the legal smoking age to 21. Yet some serious work needs to be done if e-cigarettes are also going to be kept from teenagers.

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.

—

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.

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