09-25-2013 Council Agenda - Laserfiche WebLink

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Regulating E- Cigarettes / 2 lack of clinical studies on the potential health risks posed by e- cigarettes and the way these products are marketed without appropriate health warnings or legal age restrictions. In recent years, litigation between the FDA and e- cigarette manufacturers stemming from concerns about the safety and regulatory status of these products resulted in a temporary ban on the import of e- cigarettes into the United States .3 Today, as discussed below, federal policy regarding the regulation of e- cigarettes is in transition. This brief guide provides pointers for communities and policy makers to consider when drafting or implementing laws or policies that regulate e- cigarettes. Policy Options Public health organizations support regulating e- cigarettes for several reasons, such as: reducing youth initiation to nicotine and tobacco products, protecting the health of all users, and promoting the enforcement of smoke -free laws. There are several policy options that can advance these public health goals. Regulating Sale. As discussed below, the FDA is developing a strategy to regulate e- cigarettes containing tobacco as tobacco products. State and local governments are not prevented from regulating the sale of tobacco products.4 For example, a government could prohibit the sale of such products anywhere within its jurisdiction, prohibit the sale of such products to minors, require these products to be kept behind the counter, or allow these products to be sold only in places adults are permitted to enter. Regulating Marketing. State and local governments have an interest in protecting the public from false or misleading claims about any product. Prohibiting e- cigarette manufacturers and retailers from making unsubstantiated marketing claims about the safety and benefits of these products is in the best interest of public health. Every state and some local governments have laws in place to control misleading product claims, and these laws may be enforceable against some e- cigarette marketing efforts. For instance, state consumer protection and unfair trade practices statutes typically prohibit false or misleading advertising about products sold within the state. State and local governments may also be able to consider options designed to limit the targeted marketing of e- cigarettes to minors. While commercial speech concerns can be a part of such a policy consideration,5 thought should be given to how e- cigarettes are promoted in a community and whether restrictions can be placed on those efforts. Notably, a law prohibiting the sale of e- cigarettes would also be likely to substantially reduce the marketing of these products. Regulating Use. Proponents of e- cigarettes claim these products are safer to use than traditional tobacco products, and do not expose bystanders to the risk of secondhand smoke .° Yet concern about the lack of scientific data on e- cigarettes has caused a growing number of state and local governments to prohibit their use in various public places —often under existing or new smoke -free laws. The goal of such legislation is generally to minimize the use of products that pose unknown health risks — particularly unregulated products that deliver powerful drugs, such as nicotine, to the user. Another legislative goal is to prevent confusion in the enforcement of smoke -free laws caused by Tobacco Control Legal Consortium 875 Summit Avenue, Saint Pail, MN 55105 -3076 12 mvw.tcloonline.org 651200,7506