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E-Cigarette Sales Banned by Court Order // More Bans Planned in Oregon and Elsewhere


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2009-08-02 22:21:35 - Two major distributors of e-cigarettes in Oregon, charged with unlawful trade practices, have been forced to agree to court orders which ban the sale of the products, subject to contempt of court proceedings and a $25,000 fine for each violation, says public interest law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH), which petitioned state attorney generals to crack down on these new products because of potential health dangers. http://ash.org/

"Look for more action soon in Oregon, and for similar legal actions in several other states," says Banzhaf, who, in the past, successfully urged state attorney generals to crack down on the illegal sale of cigarettes over the Internet, and to take action against the illegal use of cartoon characters in cigarette ads. He is also the man behind the

ban on cigarette commercials, bans on smoking in a growing number of places, including homes, and higher health insurance premiums for smokers.

Banzhaf said that ASH, America's first antismoking organization, is providing the attorneys general with background information about the known dangers of e-cigarettes, documentation about the successful legal actions in Oregon, and additional concerns about e-cigarettes not included in the recent FDA report.

Banzhaf's scheduled appearance on NBC-TV Nightly News was a major factor in prompting the FDA's report that e-cigarettes contained detectable levels of known carcinogens and toxic chemicals to which users could potentially be exposed.
SEE: www.pr-inside.com/fda-ignores-major-dangers-of-e-cigarettes-r140 ..

The FDA said the toxic chemicals included diethylene glycol, "an ingredient used in antifreeze, [which] is toxic to humans"; "certain tobacco-specific nitrosamines which are human carcinogens"; and that "tobacco-specific impurities suspected of being harmful to humans—anabasine, myosmine, and β-nicotyrine—were detected in a majority of the samples tested." www.pr-inside.com/fda-to-regulate-e-cigarettes-as-toxins-r140360 .. AND www.fda.gov/NewsEvents/PublicHealthFocus/ucm173146.htm

However, Banzhaf noted that the FDA's announcement failed to mention many of the other major dangers potentially posed by e-cigarettes, as well as by e-pipes and e-cigars. These include possible contamination, smokers who otherwise would quit instead remaining addicted to nicotine, the deadly danger nicotine inhalation can pose for people with risk factors for heart attacks, the propensity of inhaled nicotine to sustain or even trigger an addiction, the worry that youngsters will use e-cigarettes as "training wheels" on the way towards cigarette smoking, and the potential risks to those around e-cigarette users -- including infants and young children, the elderly, those with existing medical problems, etc. -- who will be exposed to the exhaled vapors.

These vapors are known to contain nicotine, a deadly poison which can trigger heart attacks, and propylene glycol, which is used in antifreeze and may cause respiratory tract irritation. Moreover, its chronic use may cause reproductive and fetal effects, and in laboratory experiments has triggered mutagenic effects.

ASH is reminding the attorneys generals that all other nicotine administration products -- including nicotine gum, nicotine patches, nicotine inhalers, and nicotine sprays -- could only be sold after approval by the FDA. All must bear appropriate health warnings, and some are available only with a doctor's prescription.

"Favor," a cigarette-like product similar to e-cigarettes, which likewise released nicotine but used a different method, was banned from the market by the FDA after the agency received a legal complaint from ASH. Nicotine lollipops have likewise been banned.

“Until the FDA acts, it is appropriate for attorneys general to act to protect their health of their citizens. The Oregon Attorney General has provided a road map and a precedent for others to follow, and ASH petitions them to do so without delay,” said Banzhaf.

PROFESSOR JOHN F. BANZHAF III
Professor of Public Interest Law and Executive Director
Action on Smoking and Health (ASH)
2013 H Street, NW, Washington, DC 20006, USA
(202) 659-4310 // (703) 527-8418 // ash.org/


Contact Information:
Action on Smoking and Health (ASH)
America's First Antismoking Organization


2013 H St., NW
Wash, DC 20006

Contact Person:
Law Professor John Banzhaf
Executive Director and Chief Counsel
Phone: (202) 659-4310 // (703) 527-8418
email: email

Web: ash.org/



Author:
Public Interest Law Prof. John Banzhaf
e-mail
Web: banzhaf.net/
Phone: 2026594312

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