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HomeMy WebLinkAboutResolution 2014 (30) Resolution No. 30 (2014) RESOLUTION TO SUPPORT REGULATION OF E- CIGARETTES 1 WHEREAS, medical evidence regarding the safety of Electronic Nicotine Delivery 2 Systems ("ENDS" or "e-cigarettes) and how emitted vapors impact indoor air quality is currently 3 undetermined; and 4 5 WHEREAS , the majority of e-cigarettes are manufactured outside the United States, 6 and none have been submitted to inspection or oversight by any regulatory body to ensure safety, 7 quality control and full disclosure of ingredients to consumers; and 8 9 WHEREAS, analysis by the Federal Food and Drug Administration (FDA) of randomly 10 selected samples of the devices revealed the presence of toxic chemicals and known carcinogens 11 to which users could be exposed; and 12 13 WHEREAS, the FDA, concerned about the potential health risks associated with e- 14 cigarettes, has asserted regulatory authority over the products, sponsoring a 105 day comment 15 period regarding the proposed regulations; and 16 17 WHEREAS, the proposed FDA regulations would prohibit sale of e-cigarettes to minors, 18 require health warnings on e-cigarettes and prohibit sale of e-cigarettes by vending machine 19 unless the vending machine is located in a facility that never admits youth; and 20 21 WHEREAS, the FDA has issued a warning to consumers about potential health risks of 22 e-cigarettes; and 23 24 WHEREAS, e-cigarettes are not proven to be safe for the users or those around the user; 25 and 26 27 WHEREAS, e-cigarette marketing is directed at making the product attractive to minors; 28 and 29 30 WHEREAS, the St. Croix County Board of Supervisors is concerned that e-cigarette use 31 among youth may lead young people to try other tobacco products which are known to cause 32 disease and lead to premature death. 33 34 THEREFORE be it resolved that the St. Croix County Board of Supervisors supports 35 Federal regulations on e-cigarettes through the FDA to prohibit sales of e-cigarettes to minors 36 and to research the impact of e-cigarettes on users and non-users to determine whether any 37 adverse health effects are associated with the use of e-cigarettes. 38 39 FURTHER be it resolved that the St. Croix County Board of Supervisors vigorously 40 opposes legislation and any other attempt to exempt the use of e-cigarettes from Wisconsin's 41 Smoke-free Air Law and supports including e-cigarettes in Wisconsin's Smoke-Free Air Law. 42 43 FURTHER be it resolved that a copy of this resolution be mailed to office of the 44 governor, local legislators, and the Wisconsin Counties Association. Le-gal- Fiscal- Administrative Approvals: Legal Note: None Fiscal Impact: None rffiL K" 1. x, on 612014 , mane Dirac R P tar 81712014 08/12/14 Health & Human Services Board APPROVED RESULT: APPROVED [UNANIMOUS] MOVER: Ron Kiesler, Supervisor SECONDER: Leon Berenschot, Board Member AYES: Babbitt, Novotny, Kiesler, Anderson, Leibfried, Berenschot, Rasmussen ABSENT: Chris Kilber, Lisa Ramsay Vote Confirmation. St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement - Majority of Supervisors Present RESULT: ADOPTED [17 TO 0] MOVER: Christopher Babbitt, Supervisor SECONDER: Judy Achterhof, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Scott Nelson, Jill Ann Berke, Dave Ostness, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSTAIN: Stephen Nielsen ABSENT: Chris Kilber This Resolution was Adopted by the St. Croix County Board of Supervisors on September 2, 2014 Cindy Campbell, County Clerk STILL • • MANY QUESTION MARKS E'CIGARETTES AREN'T GOOD FOR OUR AIR OR OUR KIDS O Instead of comparing the aerosol from e-cigarettes to secondhand smoke, we should be comparing it to clean air. The aerosol in e-cigarettes contains metals (tin, chromium, and nickel) and at least 10 chemicals identified on California's Proposition list of carcinogens and reproductive toxins.' E-cigarettes could lead our kids to try other tobacco products. Research shows that youth who use e-cigarettes are more likely to use tobacco products and regular cigarettes than youth who don't use e-cigarettes.2 Poison center calls related to e-cigarettes have surged in the past 4 years. More than half of these calls involved children ages 5 and younger.3 E'CIGARETTES HAVEN'T BEEN PROVEN TO BE SAFE OR EFFECTIVE E-cigarettes haven't been proven to be an effective cessation device. E-cigarettes haven't been proven to be safe, either for their users or for bystanders. We shouldn't promote a product that, to date hasn't been proven safe. E-cigarettes aren't regulated by any federal agency, meaning there are not consistent manufacturing standards from brand to brand. Unlike cessation methods such as nicotine patches, lozenges, and gum, e-cigarettes have not received FDA approval. WE ALREADY KNOW WHAT WORKS The combination of cessation counseling and FDA-approved medications is most effective in helping smokers quit. Wisconsin's youth tobacco prevention efforts have helped reduce youth smoking rates to all-time lows. One of the best ways to reduce tobacco use is to keep young people from ever starting in the first place. Tobacco users can access free quitting help by calling the Wisconsin Tobacco Quit Line at 1-800-QUIT NOW. Americans For Nonsmokers' Rights, Electronic (e-) Cigarettes and Secondhand Aerosol. Available at http:iiwww.ctrl.wisc.edu/HC.Providers,iecigs aerosal.pdf. Accessed on 3/31/14. 2 Electronic Cigarettes and Conventional Cigarette Use Among US Adolescents: A Cross-sectional Study. Published March 6, 2014 in JAMA Pediatrics. First author Lauren M. Dutra, ScD, University of California, San Francisco. 3 Center for Disease Control and Prevention, Morbidity and Weekly Report (MMWR) Notes from the Field. Calls to Poison Centers for Exposures to Electronic Cigarettes - United States, September 2010-February 2014, available at httpJ/www.cdc.gov/mmwr/previewimmwrhtmllmm6313a4.htm. Accessed 4/9/14. www.tobwis.org April 2014 UW Population Health Sciences Issue Snapshot on Deeming: Regulating Additional Tobacco Products The Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), signed by the President in 2009, created the FDA Center for Tobacco Products and gave FDA powerful tools to protect the public's health through our oversight of the manufacture, distribution, and marketing of tobacco products. Under the law, FDA currently regulates cigarettes, cigarette tobacco, roll-your- own tobacco, and smokeless tobacco products. The law also gave FDA the ability to regulate additional tobacco products, commonly referred to as "deeming" them through rulemaking. The proposed rule would include the following products under FDA's authority: electronic cigarettes (e-cigarettes), cigars, pipe tobacco, waterpipe (hookah) tobacco, and novel products like nicotine gels and dissolvables not already under FDA's authority. FDA's proposed rule also would include tobacco product components or parts that are used in the consumption of a tobacco product, like e-cigarette cartridges. It would not include tobacco product accessories, like cigar cases. WHY THE DEEMING PROPOSED RULE IS • Register with FDA and report product SO IMPORTANT FOR PUBLIC HEALTH and ingredient listings The 50th Anniversary Surgeon General's Report • Only market new tobacco products after on Smoking and Health states that the annual FDA review death toll of smoking-attributable disease has . Only make claims of reduced risk if FDA risen to at least 480,000, up from an estimated confirms that scientific evidence supports 443,000 deaths in 2012. At today's rate of tobacco the claim and that marketing the product use, there will be more than 17 million avoidable will benefit public health as a whole deaths between now and mid-century. Additionally, youth use of certain unregulated tobacco products, • Not distribute free samples such as e-cigarettes and cigars, is on the rise. In addition, under the proposed rule, the following FDA oversight of tobacco products can provide items would apply to newly deemed covered important information about proposed deemed tobacco products: tobacco products and help limit youth exposure to these products. The proposed rule would also • Minimum age and identification restrictions enable FDA to explore whether different products to prevent sales to underage youth pose different levels of risk and help the Agency • Requirements to include health warnings develop policies to improve public health. • Prohibition of vending machine sales, unless in a facility that never admits youth HIGHLIGHTS OF THE DEEMING PROPOSED RULE The term "covered tobacco products" is defined Consistent with currently regulated tobacco here as those products deemed to be subject to products, under the proposed rule, makers of the Food, Drug & Cosmetic Act under section 1100.2 of title 21 of the Code of Federal Regulations newly deemed tobacco products would, (CFR), other than a component or part that does among other requirements: not contain tobacco or nicotine. Center for Tobacco Products I U.S. Food and Drug Administration I www.fda.gov/tobacco Protecting our kids and the nation's health from tobacco I Page 1 I DA& V ~hZa3n PROPOSED RULE COMMENT OPPORTUNITIES FDA welcomes and encourages comment on the • FDA is proposing to extend the compliance proposed rule from the public. FDA will consider period for submitting a marketing application all comments and information submitted to the under the substantial equivalence pathway to 24 docket. The agency is specifically requesting months following the effective date of a final rule. comments on certain topics, including the FDA is also proposing a 24-month compliance following issues: period for the submission of premarket tobacco applications (PMTAs). FDA is specifically seeking • FDA is seeking comment on the two options comment on whether and, if so, how FDA should proposed for the categories of cigars that consider a different regulatory mechanism for would be covered by this rule-specifically, newer proposed deemed tobacco products that whether all cigars should be subject to deeming cannot, as a practical matter, use the and what provisions of the proposed rule may substantial equivalence pathway. be appropriate or not appropriate for different kinds of cigars. • FDA recognizes that some of the proposals in this document might impose significant costs on • FDA is aware that some tobacco products, certain manufacturers, including the requirement such as e-cigarettes and cigars, are being to register and list products and the requirement marketed with characterizing flavors that may for certain cigar manufacturers to randomly be attractive to youth. FDA is seeking research distribute and rotate warning statements on regarding the long-term effects of flavored packages and advertisements, respectively. tobacco product usage, including data as FDA seeks comment and data on alternative to the likelihood of flavored tobacco product approaches for manufacturers to satisfy these use leading to cigarette use instead of or in requirements that would reduce costs for conjunction with other tobacco products. manufacturers yet would still be appropriate • FDA is seeking comment as to how for the protection of public health. noncombustible products (such as e-cigarettes) should be regulated. Particularly, FDA requests To submit a comment, visit our comments on behavioral data related to co-use comment opportunities page at: of e-cigarettes and more traditional tobacco www.fda.gov/TobaccoProducts/ products, including data on the effects of GuidanceComplianceRegulatorylnformation/ e-cigarettes on the initiation and continuation ucm198169.htm of use of other tobacco products. • FDA is seeking comment on the proposed addictiveness warning ("WARNING: This product contains nicotine derived from tobacco. Nicotine is an addictive chemical.") and any potential for consumer confusion, the proposed size of the health warnings that would be required by this rule, and the role that the size of such warnings has in helping to convey consumer information. Last Updated May 2014 Contact US 1-877-CTP-1373 • AskCTPCfda.hhs.gov • www.fda.gov/tobacco CTP-32 FDA Center for Tobacco Products • 9200 Corporate Blvd. • Rockville, MD 20850-3229 Center for Tobacco Products I U.S. Food and Drug Administration I www.fda.gov/tobacco Protecting our kids and the nation's health from tobacco I Page 2 ..r i Resolution No. ST CR01, /,"Ty RESOLUTION TO SUPPORT REGULATION OF E- CIGARETTES 1 WHEREAS, medical evidence regarding the safety of Electronic Nicotine Delivery 2 Systems ("ENDS" or "e-cigarettes) and how emitted vapors impact indoor air quality is currently 3 undetermined; and 4 5 WHEREAS , the majority of e-cigarettes are manufactured outside the United States, 6 and none have been submitted to inspection or oversight by any regulatory body to ensure safety, 7 quality control and full disclosure of ingredients to consumers; and 8 9 WHEREAS, analysis by the Federal Food and Drug Administration (FDA) of randomly 10 selected samples of the devices revealed the presence of toxic chemicals and known carcinogens 11 to which users could be exposed; and 12 13 WHEREAS, the FDA, concerned about the potential health risks associated with e- 14 cigarettes, has asserted regulatory authority over the products, sponsoring a 105 day comment 15 period regarding the proposed regulations; and 16 17 WHEREAS, the proposed FDA regulations would prohibit sale of e-cigarettes to minors, 18 require health warnings on e-cigarettes and prohibit sale of e-cigarettes by vending machine 19 unless the vending machine is located in a facility that never admits youth; and 20 21 WHEREAS, the FDA has issued a warning to consumers about potential health risks of 22 e-cigarettes; and 23 24 WHEREAS, e-cigarettes are not proven to be safe for the users or those around the user; 25 and 26 27 WHEREAS, e-cigarette marketing is directed at making the product attractive to minors; 28 and 29 30 WHEREAS, the St. Croix County Board of Supervisors is concerned that e-cigarette use 31 among youth may lead young people to try other tobacco products which are known to cause 32 disease and lead to premature death. 33 34 THEREFORE be it resolved that the St. Croix County Board of Supervisors supports 35 Federal regulations on e-cigarettes through the FDA to prohibit sales of e-cigarettes to minors 36 and to research the impact of e-cigarettes on users and non-users to determine whether any 37 adverse health effects are associated with the use of e-cigarettes. 38 39 FURTHER be it resolved that the St. Croix County Board of Supervisors vigorously 40 opposes legislation and any other attempt to exempt the use of e-cigarettes from Wisconsin's 41 Smoke-free Air Law and supports including e-cigarettes in Wisconsin's Smoke-Free Air Law. 42 i 43 FURTHER be it resolved that a copy of this resolution be mailed to office of the 44 governor, local legislators, and the Wisconsin Counties Association. Sponsored By. Health and Human Services Board on August 12, 2014 Le-gal- Fiscal- Administrative Approvals: Legal Note: None Fiscal Impact: None G~ colt Cox, Corporation u 1612014 a en, mance Directo 8/ /2014 a 2x- -4 M Pa ick Thompson, County Adminis ator 8/7/2014 Health and Human Services Board Yes No Abstain Absent Howard Novotny ® ❑ ❑ ❑ Shaela Leibfried ® ❑ ❑ ❑ Ron Kiesler © ❑ ❑ ❑ j Chris Kilber ❑ ❑ ❑ Paulette Anderson ® ❑ ❑ ❑ Christopher Babbitt ® ❑ ❑ ❑ Dr. Lisa Ramsay ❑ ❑ ❑ Deb Rasmussen ® ❑ ❑ ❑ Leon Berenschot ® ❑ ❑ ❑ The Health and Human Services Board on August 12, 2014 approved this resolution for submission to the full County Board. Christopher Ba itt, Chair, Health and Human Services Board Date Signed St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement - Majority of Supervisors Present Cindy Campbell, County Clerk