[net-gold] TOBACCO CIGARETTES CIGARS AND SMOKING : MEDICAL: DISEASES: CANCER: Some E-Cigarettes Deliver a Puff of Carcinogens

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
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  • Date: Sun, 4 May 2014 17:14:28 -0400 (EDT)



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TOBACCO CIGARETTES CIGARS AND SMOKING :

MEDICAL: DISEASES: CANCER:

Some E-Cigarettes Deliver a Puff of Carcinogens

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Some E-Cigarettes Deliver a Puff of Carcinogens

By MATT RICHTEL

MAY 3, 2014

New York Times

http://www.nytimes.com/2014/05/04/business/
some-e-cigarettes-deliver-a-puff-of-carcinogens.html?ref=todayspaper

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A shorter URL for the above link:

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http://tinyurl.com/o95zlps

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Electronic cigarettes appear to be safer than ordinary cigarettes for one simple and simply obvious reason: people dont light up and smoke them.

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With the e-cigarettes, there is no burning tobacco to produce myriad new chemicals, including some 60 carcinogens.

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But new research suggests that, even without a match, some popular e-cigarettes get so hot that they, too, can produce a handful of the carcinogens found in cigarettes and at similar levels.

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A study to be published this month in the journal Nicotine and Tobacco Research found that the high-power e-cigarettes known as tank systems produce formaldehyde, a known carcinogen, along with the nicotine-laced vapor that their users inhale. The toxin is formed when liquid nicotine and other e-cigarette ingredients are subjected to high temperatures, according to the study. A second study that is being prepared for submission to the same journal points to similar findings.

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The long-term effects of inhaling nicotine vapor are unclear, but there is no evidence to date that it causes cancer or heart disease as cigarette smoking does. Indeed, many researchers agree that e-cigarettes will turn out to be much safer than conventional cigarettes, an idea that e-cigarette companies have made much of in their advertising.

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snip

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Nonetheless, the new research suggests how potential health risks are emerging as the multibillion-dollar e-cigarette business rapidly evolves, and how regulators are already struggling to keep pace. While the Food and Drug Administration last month proposed sweeping new rules that for the first time would extend its authority to e-cigarettes, the F.D.A. has focused largely on what goes into these products currently, an unregulated brew of chemicals and flavorings rather than on what comes out of them, as wispy plumes of flavored vapor.

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The complete articles may be read at the URLs provided for each.

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F.D.A. Will Propose New Regulations for E-Cigarettes

By SABRINA TAVERNISE

APRIL 24, 2014

New York Times

http://www.nytimes.com/2014/04/24/health/ fda-will-propose-new-regulations-for-e-cigarettes.html

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A shorter URL for the above link:

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http://tinyurl.com/p2udpv4

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WASHINGTON The Food and Drug Administration will propose sweeping new rules on Thursday that for the first time would extend its regulatory authority from cigarettes to electronic cigarettes, popular nicotine delivery devices that have grown into a multibillion-dollar business with virtually no federal oversight or protections for American consumers.

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The regulatory blueprint, with broad implications for public health, the tobacco industry and the nations 42 million smokers, would also cover pipe tobacco and cigars, tobacco products that have long slid under the regulatory radar and whose use has risen sharply in recent years. The new regulations would ban the sale of e-cigarettes, cigars and pipe tobacco to Americans under 18, and would require that people buying them show photo identification to prove their age, measures already mandated in a number of states.

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The e-cigarette industry is fighting for the right to exist, despite all the evidence that it is significantly safer than tobacco cigarettes.

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Once finalized, the regulations will establish oversight of what has been a market free-for-all of products, including vials of liquid nicotine of varying quality and unknown provenance. It has taken the agency four years since Congress passed a major tobacco-control law in 2009 to get to this stage, and federal officials and advocates say it will take at least another year for the rules to take effect and possibly significantly longer if affected companies sue to block them.

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If it takes more than a year to finalize this rule, the F.D.A. isnt doing its job, said Matthew Myers, president of the Campaign for Tobacco-Free Kids, an advocacy group.

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Thursdays release of the blueprint which is hundreds of pages long is sure to set off a frantic lobbying effort in Washington as affected industries try to head off the costliest, most restrictive regulations.

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Members of the Smoke Free Alternatives Trade Association, one of the e-cigarette industry trade groups, descended on Washington in November, and reported holding nearly 50 meetings with congressional officials to help them learn more about the negative impact inappropriate regulation could have on this nascent industry, the group said in a statement.

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The industry has several trade associations, and a number of them have met with Obama administration officials about the regulations over the past several months, according to public records and industry group statements.

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1100, 1140, and 1143

[Docket No. FDA-2014-N-0189]

RIN 0910-AG38

https://s3.amazonaws.com/public-inspection. federalregister.gov/2014-09491.pdf

OR

http://tinyurl.com/l6o3mxm

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Deeming Tobacco Products To Be Subject to th e Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Requi red Warning Statements for Tobacco Products AGENCY: Food and Drug Administration,



HHS. ACTION:


Proposed rule.



SUMMARY:


The Food and Drug Administration (FDA) is proposing to deem products meeting the statutory definition of "tobacco product," exce pt accessories of a proposed deemed tobacco product, to be subject to the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act). The Tobacco Control Act provides FDA authority to regulate cigarettes , cigarette tobacco, roll-your- own tobacco, smokeless tobacco, and any other to bacco products that the Agency by regulation deems to be subject to the law. Option 1 of the proposed rule would extend the Agency's "tobacco product" authorities in the FD&C Act to all other categories of products, except accessories of a proposed deemed tobacco product, that meet the statutory definition of "tobacco product" in the FD&C Act. Option 2 of the pr oposed rule would extend the Agency's "tobacco product" authorities to all ot her categories of pr oducts, except premium cigars and the accessories of a proposed deemed tobacco product, that meet the statutory definition of "tobacco



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product" in the FD&C Act. FDA also is propos ing to prohibit the sale of "covered tobacco products" to individuals under the age of 18 and to require the di splay of health warnings on cigarette tobacco, roll-your own tobacco, and covered tobacco product packages and in advertisements.




FDA is taking this action to addr ess the public health conc erns associated with the use of tobacco products. DATES: Submit either electronic or written comments on the proposed rule by [INSERT DATE 75 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Submit comments on information collection issues under the Paperwork Reduction Act of 1995 (the PRA) by [INSERT DATE 30 DAYS AFTER DA TE OF PUBLICATION IN THE FEDERAL REGISTER], (see the "Paperwork Reduction Act of 1995" section).



ADDRESSES: You may submit comments, iden tified by Docket No. FDA-2014-N-0189 and/or Regulatory Information Number (RIN) 0910-AG 38, by any of the following methods, except that comments on information collection issues under the PRA must be submitted to the Office of Information and Regulatory Affairs, Offi ce of Management and Budget (OMB) (see the "Paperwork Reduction Act of 1995" section). Electronic Submissions


Submit electronic comments in the following way:

Federal eRulemaking Portal:


http://www.regulations.gov


. Follow the instructions for submitting comments. Written Submissions



Submit written submissions in the following ways:



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Mail/Hand delivery/Courier (for paper subm issions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.



Instructions: All submissions received must include the Agency name, Docket No. FDA- 2014-N-0189, and RIN 0910-AG38 for this rulemaking. All comments received may be posted without change to


http://www.regulations.gov


, including any personal information provided. For additional information on submitting comments, see the "Comments" heading of the SUPPLEMENTARY INFORMATION section. Docket: For access to the docket to read b ackground documents or comments received, go to


http://www.regulations.gov


and insert the docket number, found in brackets in the heading of this document, into the "Search" box and fo llow the prompts and/or go to the Division of Dockets Management, 5630 Fishers La ne, rm. 1061, Rockville, MD 20852.



FOR FURTHER INFORMATION CONTACT: Gerie Voss, Office of Regulations, Center for Tobacco Products, Food and Drug Administra tion, 9200 Corporate Blvd., Rockville, MD 20850-


3229, 877-287-1373,


CTPRegulations@xxxxxxxxxxx


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SUPPLEMENTARY INFORMATION:



Table of Contents


Executive Summary


I. Legal Authority


II. Background for Deeming All Tobacco Pr oducts To Be Subject to the FD&C Act


III. Continuum of Nicoti ne-Delivering Products


IV. Deeming Tobacco Products To Be Subject to the FD&C Act


A. Public Health Benefits of Deeming


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B. The Sottera Decision


C. Options for Premium Cigars and Re quest for Comments Regarding Scope


D. Request for Comments Regard ing Regulation of E-Cigarettes


E. Request for Comments Regarding Components, Parts, and Accessories


V. Basis for Additional Provisions


A. Addictive Nature of Products


B. Health Risks of Products


C. Consumer Confusion and Misinformati on About Certain Covered Tobacco Products


D. Use as Starter Products or Dual Use With Other Tobacco Products


VI. Proposed Minimum Age and Identification Restrictions


A. Effectiveness of Proposed Restri ctions and Section 906(d) Standard


B. Application to Proposed Vending Machine Restrictions


VII. Proposed Required Warning Statements


A. Requiring Health Warnings Is Appropriate for the Protection of the Public Health


B. Effectiveness of Warnings


C. Proposed Addictiveness Warning


D. Age of Initiati on for Cigar Smokers


E. Proposed Required Warning Statements for Small and Large Cigars


VIII. Description of the Proposed Rule


A. Proposed Part 1100--Tobacco Pro ducts Subject to FDA Authority


B. Proposed Changes to Part 1140--Cigar ettes, Smokeless Tobacco, and Covered Tobacco Products


C. Proposed Part 1143--Required Warning Statements


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IX. Paperwork Reduction Act of 1995


A. Existing Burdens Associated With Tobacco Products Currently Subject to the FD&C Act (i.e., Cigarettes, Cigarette Tobacco, Roll-Your-Own Tobacco, and Smokeless Tobacco) With Approved OMB Control Numbers


B. Burdens Associated With Tobacco Products Currently Subject to the FD&C Act But Not Yet Approved by OMB


C. New Collections of Information That Apply Only to Proposed Deemed Tobacco Products



X. Executive Order 13132; Federalism


XI. Environmental Impact


XII. Analysis of Impacts: Summary


XIII. Request for Comments


A. General Information About Submitting Comments


B. Public Availability of Comments


C. Information Identifying the Person Submitting the Comment


XIV. References



Executive Summary




Purpose of the Proposed Rule Cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco were immediately covered by FDA's tobacco product aut horities in chapter IX of the FD&C Act (21 U.S.C. 387 through 387u) when the Tobacco Control Act went into effect. For other kinds of tobacco products, FDA has authority to issue regulations to bring them under the law by "deeming" them to be subject to such authoriti es. Consistent with the statute, once a tobacco


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product is deemed, FDA may put in place "restrictions on the sale and distribution of a tobacco product," including age-rela ted access restrictions and advertis ing and promotion restrictions, if FDA determines the restrictions are appropriate for the protec tion of the public health. The proposed rule has two purposes: (1) To deem pr oducts that meet the definition of "tobacco product" under the law except a ccessories of a proposed deemed tobacco product and subject them to the tobacco control authorities in the FD&C Act and (2) to apply specific provisions that are appropriate for the protection of the public health to deemed tobacco products. To satisfy these purposes, FDA is proposing two options (Option 1 and Option 2), which would provide two alternatives for the scope of the deeming pr ovisions and, consequently, the application of the additional specific provisions.









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Sincerely,

David Dillard

Temple University

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