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TN Attorney General Calling for FDA to Regulate E-Cigarettes

Press release from the Office of Tennessee Attorney General Bob Cooper; September 24, 2013:

Tennessee Attorney General Bob Cooper has joined 39 other attorneys general asking the FDA to place restrictions on advertising and sales to minors and ingredients contained in electronic cigarettes (e-cigarettes), which are growing increasingly popular as alternatives to traditional tobacco products.

The Attorneys General expressed their concerns in a bipartisan letter co-sponsored by the Massachusetts and Ohio Attorneys General asking the FDA to take all available measures to regulate e-cigarettes as “tobacco products” under the Tobacco Control Act. E-cigarettes, an increasingly widespread product that is growing rapidly among both youth and adults, are battery-operated products that heat liquid nicotine, derived from tobacco plants, into a vapor that is inhaled by the user.

State Attorneys General have fought for years to protect people from the dangers of tobacco products. In 1998, the attorneys general of 52 states and territories signed a landmark agreement with the four largest tobacco companies in the United States to recover billions of dollars in costs associated with smoking-related illnesses, and restrict cigarette advertising to prevent youth smoking.

Unlike traditional tobacco products, there are no federal age restrictions that would prevent children from obtaining e-cigarettes. Noting the growing use of e-cigarettes, and the growing prevalence of advertising, the letter highlights the need to protect youth from becoming addicted to nicotine through these new products.

“We are always concerned when a potentially dangerous product is being sold to the public without regulation,” Attorney General Cooper said. “This is especially alarming when companies attract youth to addictive products through advertising.”

The letter to the FDA notes that e-cigarettes manufacturers have used cartoon characters (banned by tobacco manufacturers for years) and fruit and candy flavors that are often attractive to young people. In addition, the e-cigarettes and refills of liquid nicotine solution can be obtained over the Internet without age verification.

A survey conducted by the Center for Disease Control and Prevention shows that from 2011 to 2012, the percentages of youth who have tried or currently use e-cigarettes both roughly doubled. The survey estimates that nearly 1.8 million middle and high school students have tried e-cigarettes in 2012.

According to the U.S. Surgeon General, nicotine is highly addictive and has immediate bio-chemical effects on the brain and body at any dosage, and is toxic in high doses. The lack of regulation of e-cigarettes puts youth at risk of developing a lifelong addiction to a potentially dangerous product that could also act as a gateway to using other tobacco products.

E-cigarette manufacturers are using marketing tactics similar to those big tobacco used in the last 50 to 100 years to attract new smokers. Celebrity endorsements, television advertising, cartoons, fruit flavors, attractive packaging and cheap prices all serve to encourage youth consumption of these dangerous products.

Additionally, some marketing claims lead consumers to believe these products do not contain the same level of toxins and carcinogens found in traditional cigarettes, cigars, and other tobacco products. Additionally, some marking claims imply that e-cigarettes are a safe alternative to smoking, when in fact nicotine is highly addictive, the health effects of e-cigarettes have not been adequately studied, and the ingredients are not regulated and may still contain carcinogens. The lack of regulation puts the public at risk because users of e-cigarettes are inhaling unknown chemicals with unknown effects.

The letter to the FDA can be found here: http://www.tn.gov/attorneygeneral/cases/ecigarettes/ecigaretteletter.pdf.

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Press Releases

US DOJ Won’t Challenge States on Marijuana Legalization ‘At This Time’

Press release from the U.S. Department of Justice; August 29, 2013:

Today, the U.S. Department of Justice announced an update to its federal marijuana enforcement policy in light of recent state ballot initiatives that legalize, under state law, the possession of small amounts of marijuana and provide for the regulation of marijuana production, processing, and sale.

In a new memorandum outlining the policy, the Department makes clear that marijuana remains an illegal drug under the Controlled Substances Act and that federal prosecutors will continue to aggressively enforce this statute. To this end, the Department identifies eight (8) enforcement areas that federal prosecutors should prioritize. These are the same enforcement priorities that have traditionally driven the Department’s efforts in this area.

Outside of these enforcement priorities, however, the federal government has traditionally relied on state and local authorizes to address marijuana activity through enforcement of their own narcotics laws. This guidance continues that policy.

For states such as Colorado and Washington that have enacted laws to authorize the production, distribution and possession of marijuana, the Department expects these states to establish strict regulatory schemes that protect the eight federal interests identified in the Department’s guidance. These schemes must be tough in practice, not just on paper, and include strong, state-based enforcement efforts, backed by adequate funding. Based on assurances that those states will impose an appropriately strict regulatory system, the Department has informed the governors of both states that it is deferring its right to challenge their legalization laws at this time. But if any of the stated harms do materialize—either despite a strict regulatory scheme or because of the lack of one—federal prosecutors will act aggressively to bring individual prosecutions focused on federal enforcement priorities and the Department may challenge the regulatory scheme themselves in these states.

A copy of the memorandum, sent to all United States Attorneys by Deputy Attorney General James M. Cole, is available below.