e-cig/vaping fundamentals and ca legislation aug 2014
DESCRIPTION
This PDF covers the fundamentals of personal vaporizers/e-cigarettes/ ENDS/PVD and the current California Health and Safety Code. Glossary and links at the end for citation and further information.TRANSCRIPT
California and e-cigarettes 2014California and e-cigarettes 2014Year of the Vape
Kathleen O'ConnorLakeOfVape.com » 707.280.8570 » [email protected]
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VAPE - Definition
VAPE (verb): to vape; vaping
Using a personal vaporizer device and accessories.
VAPOR (noun): liquid heated until it becomes micro droplets that are so light they mix with air.
VAPER (adjective): anyone who vapes using a personal vaping device.
E-Liquid: Composed of various percentages of propylene glycol, glycerin, food grade flavors and sweeteners, USP grade nicotine. E-liquid does not require all these components.
“e-juice/juice”: slang for e-liquid
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Combustion v. Vapor
Smoke comes from combustion. Burning tobacco leaves has
been studied and shown to contain many toxins and linked
to cancers. There is a chemical change to the tobacco leaves
when they are BURNED.
Vapor: when a liquid is heated high enough to create steam.
Example: when you wash with hot water and scented soap,
the steam is mostly water with the scent of soap.
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E-Liquid Demystified
Nicotine is not a carcinogen. Raw nicotine comes from the Nightshade family of plants with
tobacco leaves containing the highest concentration.
Processed extracted nicotine is purified to 99% in controlled lab environments. It is
suspended in either alcohol or polypropylene glycol where it is sold in bulk to companies.
This pharmaceutical grade nicotine used in lozenges, gums, patches, inhalers, and nasal
sprays.
All pharmaceutical grade liquid nicotine is extracted and processed and must pass testing
to get the “USP” label.
Vegetables from the Nightshade Family
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First: what are we talking about
First Generation “cig-alikes” are often what most people think of when they hear the term “e-cigarette.”These devices are of poor to fair quality and of limited use. The most expensive and least effective way to “vape.”
Third Generation vaping devices allow the user to control all aspects: the type of e-liquid used, the battery strength, the volume of e-liquid and the power to heat the e-liquid. Parts are re-usable and replaceable and are cost effective.
Rechargeable Li-on batteries.
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Perception v. RealityTobacco SMOKING is the #1 cause of death in the U. S.
2. Alcohol
3. Adverse Reactions to Prescription Drugs
4. Suicide
3. Homicide
6. All licit and Illicit Drug-Induced Deaths
7. Non- Steroidal Anti-inflammatory Drugs Such As Aspirin
Kathleen O'Connor
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Perception v. RealityYou would think that big organizations like The American Lung Association, The American Cancer Society would be open to anything that is at as effective and more affordable as the currently approved smoking cessation methods- that is anything over 20% (I am aggregating short/long term groups here).
Not so. They are actively fighting and undermining vaping.
For a collection of these efforts in the media, see: http://alavsthr.wordpress.com/
Why are these groups and astroturf organizations working so aggressively to ban
vaping? While there is no public admission other than their “concern for public
health and for our children” there is also large sums of money involved. This of
course is my opinion from observation over a three year period reading and
listening to many arguments, to the language used, to the actions and intent of
these entities.
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Perception v. Reality – the Tropes
● “E-Cigarettes are a SERIOUS public health problem”
● “The vendors are secretly trying to hook youth onto e-cigarettes with candy flavors”
● The vendors are advertising to youth, not adults
● Big Tobacco is driving the market
● Smoking is the same as vaping
● Nicotine addiction is dangerous for adults
● Combustion cigarettes are AS ADDICTIVE as personal vaporizer devices using liquid nicotine
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Perception v. Reality – the Tropes● “E-Cigarettes are a SERIOUS public health problem”
The key word is SERIOUS- this triggers the ability to empower overreach and subjectivity in place of empirical evidence and common sense when legislation is drafted.
● “The vendors are secretly trying to hook youth onto e-cigarettes with candy flavors”
This is silly. Look in the dairy aisle, look at adult beverages like flavored vodkas. Straw man argument. Ask Jelly Belly, Inc. about how their business grew when Former CA Gov. & US President Reagan championed their product.
● The vendors are advertising to youth, not adults
The “advertisements” used as evidence are from either publications for adults or specious at best.
● Big Tobacco is driving the market
The DIY enthusiasts have been key in taking the initial cig-alike invented by Hon Lik in the 50's to the current generation of advanced personal vaping devices committed vapers use today. Cig-alikes are a very niche market, aimed at the initiate, the uninformed.
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Perception v. Reality – the Tropes
● “Smoking is the same as vaping
There is no possible way you can equate a combustion tobacco product with a device that heats liquid to steam for inhalation. None. The fact that the analog cigarette contains nicotine in the raw form and the vaping device liquid may or may or may not contain USP liquid nicotine is not equal.
● Nicotine addiction is dangerous for adults
Nicotine in low doses is used much the same as coffee/caffeine. It can both be a stimulant and have a calming effect. It is a social lubricant, an aid in concentration and has promise in the arena of brain chemistry disorders like Alzheimer's disease and mood disorders.
● Combustion cigarettes are AS ADDICTIVE as personal vaporizer devices using liquid nicotine
Commercially rolled cigarettes are treated with additives
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Common MythsVaping is a Gateway To Smoking
Minors are not legally allowed to smoke anything.The results of the study-that-is-not a study have been repeated over and over. It still doesn't make it true. The survey results are based on a small subset of ALL minors, and from those, a small subset who volunteered to participate in a carefully worded survey that did NOT specify which came first, regular smokes or e-cigarettes.
Second-hand vapor is dangerous
Nicotine has the same effect on your body as caffeine. The toxins and and carcinogens are created when tobacco leaves are burned, changing their chemical makeup. Holding tobacco leaves/concentrations against soft tissue for extended periods of time is of great concern as well.
Vaping Is As Bad As Smoking
Inhalation toxicology states: “Electronic cigarettes produce very small exposure relative to tobacco cigarettes. The study indicates no apparent risk to human health from e-cigarette emissions based on the compounds analyzed.
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Common MythsE-Liquid Contains Anti-Freeze
Propylene Glycol (PG), and ingredient deemed GRAS (Generally Recognized as Safe) by the FDA. In fact, it is ADDED to anti-freeze to reduce it's toxicity if ingested.
Nicotine Causes Cancer
Nicotine has the same effect on your body as caffeine. The toxins and and carcinogens are created when tobacco leaves are burned, changing their chemical makeup. Holding tobacco leaves/concentrations against soft tissue for extended periods of time is of great concern as well.
Vaping Is As Bad As Smoking
Liquid nicotine does not contain the over 4,000 chemicals created when burning tobacco cigarettes. There are several chemicals in e-liquid, HOWEVER they are in very small quantities that they can't be measured. That includes the exhalations. See:
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Common MythsE-Cigarettes don't help people quit smoking
Dr. Siegal breaks it down, detail by detail. No matter how often anti-nicotine proponents say that vaping does not work as an effective smoking cessation tool does not make them right.See: http://www.ecigadvanced.com/blog/misrepresented-research-used-to-show-e-cigs-dont-help-smokers-quit/
Nicotine has the same effect on your body as caffeine. The toxins and and carcinogens are created when tobacco leaves are burned, changing their chemical makeup. Holding tobacco leaves/concentrations against soft tissue for extended periods of time is of great concern as well.
Vaping Is As Bad As Smoking
Liquid nicotine does not contain the over 4,000 chemicals created when burning tobacco cigarettes. There are several chemicals in e-liquid, HOWEVER they are in very small quantities that they can't be measured. That includes the exhalations.
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Addressing Legislation
As of July 7. 2014 California has Senate Bill 648 authored by Ellen Corbett and it only
addresses restriction of minors access to vending machines at this time.
Assembly Bill 1500 authored by Roger Dickinson relies upon the key words “serious
public health problem”; candy flavors; would add to the cost of mail shipment
vaping goods (not just e-liquid containing nicotine), would require an adult to
present picture ID that met specific requirements in order to sign for the deliveries
in person at the time of delivery. This burden is a huge barrier to those whose time,
income, geographic location inhibit their access to this affordable NRT.
The SMOKE Act authored by Jackie Speier is a redundant Bill and targets the
previously mentioned tropes about flavors, youth, e-cigarettes, and advertising.
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Addressing Regulation
Currently, the industry is not the “Big Tobacco” behemoth that the main stream media reports.
Their e-cigarette products are a minimal aspect of the vaping industry.
The true vendors of the vaping industry are the US crafters of e-liquid and vendors of third
generation and custom model personal vaping devices.
AEMSA [American E-liquid Manufacturers Standards \Association] is already being proactive in this
matter with clear labeling, childproof caps, the correct type of plastics to store the product and
product handling procedures.
Every responsible vendor and vaping consumer agrees: no minor should have access to vaping,
smoking or any other adults only consumable.
Online sales are vetted the same as any other adult only product.
The FDA and the Tobacco Control Dept. are still working out if e-liquid even qualifies as a
tobacco product. Currently the other uses of liquid nicotine do not.Currently the other uses of liquid nicotine do not.
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CA Health & Safety §104556
“Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco (2) tobacco, in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in this section. “Cigarette” also includes “roll-your-own” tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of “cigarette,” 0.09 ounces of “roll-your-own” tobacco shall constitute one individual “cigarette.”
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CA HEALTH AND SAFETY CODE SECTION 119405
119405. (a) To the extent not preempted by federal law, including,but not limited to, the regulation of electronic cigarettes by theUnited States Food and Drug Administration, it shall be unlawful fora person to sell or otherwise furnish an electronic cigarette, asdefined in subdivision (b), to a person under 18 years of age. (b) "Electronic cigarette" means a device that can provide aninhalable dose of nicotine by delivering a vaporized solution. (c) A violation of this section shall be an infraction punishableby a fine not exceeding two hundred dollars ($200) for the firstviolation, by a fine not exceeding five hundred dollars ($500) forthe second violation, or by a fine not exceeding one thousand dollars($1,000) for a third or subsequent violation. (d) Nothing in this section nor any other law shall be construedto invalidate an existing ordinance of, or prohibit the adoption ofan ordinance by, a city or county that regulates the distribution ofelectronic cigarettes in a manner that is more restrictive than thissection, to the extent that the ordinance is not otherwise prohibitedby federal law.
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Other States and Municipalities
While other States and municipalities have enacted restrictions and bans,
treating personal vaping units the same as traditional tobacco products
doesn't make it right.
In fact, this is likely to cause expensive back-tracking to undo these
measures when the real science and logic comes to the fore. The “me too”
ordinances, regulations and taxation will not stand up in court based on the
facts. PERCEIVED FEAR is not equal to actual worst case situations. The
proportions are highly imbalanced in regards to the magnitude of benefit v.
the subjective.
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Effects on the local Economies
Increased contribution to local City, Property, County, and State taxes
Employment and new small business starts (See SBA Letter to FDA-CTP* regarding the economic dynamics of the e-cigarette Industry)
Providing goods to visitors to increase their enjoyment of their stay and improve the opinion of the city to out-of-town visitors
Improve the quality of life for residents and visitors alike
Reduction of unsightly debris from combustible cigarette waste
*US Food and Drug Administration – Center for Tobacco Products
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More on safety
With concern about multi-year tinder dry conditions and the below average rainfall, residents in the rural and semi-rural are especially vulnerable to raging wildfires even in winter.
Also in these areas, there are more people living in mobile
homes. Seniors and others on a fixed income or of limited means
do not take the precautions that homeowners are required to do
with creating firebreaks, clearing garbage, brush and other
accumulated items that will readily burn.
Sadly, those folks using oxygen tanks and still smoke have the
extra hazard of accidental explosions.
People still flick their burning cigarettes out of moving vehicles,
starting wildfires.
These are the preventable types of disasters.
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Glossary
Atomizer -”atty”: turns liquid to vapor with heating coils
IMR Battery: Currently the preferred type of Li-on (Manganese) rechargeable.
Charger: the necessary accessory to recharge the vaping device battery SAFELY- A quality charger has built-in safety features that prevent damage.
Battery: Powers the atty. Comes primarily in Li-on IMR for stability(see thermal runaway)
eGO/510: the most common type of re-chargeable low budget battery in combination with clearomizers and small tanks.
Thermal Runaway: Battery overheats and catches fire. A laptop battery is actually a series of batteries wired together-they will light each other on fire sequentially.
Drip tip/tip: the part you put your lips on. Can be metal, composite; a side industry of hand crafted items is very popular.
Variable Voltage/Variable Wattage VV/VW: Advanced Vaping Devices detect your atty resistance automatically. Also manually adjustable.
Clearomizer: similar to a tank, but holds typically 1.6 ml of fluid. Usually plastic.Flavor can be poor to good.
Cloud Chasers: Enthusiasts who strive to create the most fog with their vaping gear
Cartomizer: Used on disposable and other cig-alikes. Generally not reusable. Contains both atomizer and tip in one casing.Flavor can range from awful to fair. Not cost effective for regular users.
E-liquid: Combination in various proportions of propylene glycol, glycerin, flavoring, and may or may not have a small amount of USP grade nicotine
Glycerin: Can be derived from vegetables or synthetically. GRAS liquid used to create the fog/vapor.
Tank: Re-usable, rebuildable and highly cost effective. Can hold upwards of 5 ml or more of liquid. Usually Pyrex glass.
Propylene Glycol: A GRAS liquid used in products to carry flavor.
GRAS: An FDA term used when referring to edible products Generally Recognized As Safe.
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My Own Benefits of Vaping
I no longer stink up the house, my hair, my clothes, etc.
Improved relations with loved ones and friends
A true alternative to smoking cigarettes w/out all the baggage
I have a much more control over how, what, and where I vape
I don’t have smoker’s hack, inflamed sinuses and overall improved quality of life.
Major decrease in fire hazard which is extremely important where I live!
I save money
I get a plethora of flavors to try (crafted in the US by small businesses)
I don’t miss anything from smoking commercial tobacco cigarettes.
Here's the stories of tens of thousands of others: #IMPROOF
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Links CA Senate Bill 648: http://legiscan.com/CA/bill/SB648/2013
CA Assembly Bill 1500: http://legiscan.com/CA/bill/AB1500/2013
SMOKE Act: http://speier.house.gov/index.php?option=com_content&view=article&id=1460:congresswomen-speier-introduces-smoke-act-to-regulate-e-cigarette-products&catid=20&Itemid=14
Redundant advertising, labeling and related verbiage regarding minors, small children and nicotine.
http://lakeofvape.com/2014/04/epa-fda-pg-harmless-to-children-minnesota-vapers-advocacyminnesota-vapers-advocacy/
Trade Groups
http://sfata.org - http://www.vistatruth.org/ - http://aemsa.org
Consumers and Vendors
http://casaa.org - http://vapingmilitia.org -http://facebook.com/groups/CAVapers - http://facebook.com/groups/NorCalVapers