WASHINGTON, D.C. – Following a new report from the Centers for Disease Control and Prevention (CDC) showing a dramatic increase in the use of e-cigarettes among children and youth, U.S. Sen. Sherrod Brown (D-OH) and eleven of his colleagues in Congress called on nine e-cigarette makers to provide additional information regarding the sale, distribution, labeling, and marketing of their products to children and teens. Currently, e-cigarettes are not subject to federal laws and regulations that apply to traditional cigarettes such as the prohibition on sales to persons younger than 18, distribution of free samples, television and radio ads, and utilization of fruit flavors that appeal to kids.
“Our efforts to stop the number one preventable cause of death in the world are again being undermined by Big Tobacco,” Brown said. “In order to replace the more than 400,000 customers it loses each year to tobacco related deaths, Big Tobacco has fought to market new products to children. The Administration should do the right thing for the health of the country by exercising its full power to put a stop to Big Tobacco’s crashing through loopholes in existing FDA regulations. America must be a leader in public health efforts and stop the insidious creep of addiction, lung cancer, coronary disease, and respiratory harm caused by tobacco and nicotine.”
Brown was joined by U.S. Sens. Dick Durbin (D-IL), the Chairmen of the Senate Health Education Labor and Pensions Committee, Tom Harkin (D-IA), the Chairman of the Senate Commerce, Science and Transportation Committee, John D. Rockefeller (D-WV) and the Ranking Member of the House Energy and Commerce Committee U.S. Rep. Henry A. Waxman (D-CA) along with U.S. Sens. Richard Blumenthal (D-CT), Edward J. Markey (D-MA), Jack Reed (D-RI), Barbara Boxer (D-CA), Heidi Heitkamp (D-ND), Jeff Merkley (D-OR) and U.S. Rep Frank Pallone (D-NJ).
Earlier this month, the CDC released new data showing that use of these products has more than doubled among middle and high school students since the 2011-2012 school year, and that more than 76 percent of those users said they also smoked conventional cigarettes. The study also found that 1 in 5 middle school students who reported using e-cigarettes had never tried conventional cigarettes, which suggests that for young people, e-cigarettes could be a gateway to nicotine addiction and smoking. More information on that report is available here.
In April, Brown, Durbin, Blumenthal, Reed, and U.S. Senator Frank Lautenberg (D-NJ) called on the Food and Drug Administration to issue “deeming regulations” asserting regulatory authority over tobacco products, such as electronic cigarettes, and to restrict the sale, distribution and marketing of e-cigarettes and other nicotine products to children and young adults.
Yesterday, Brown and Senators Merkley and Blumenthal again met with the FDA to press for speedy release of “deeming regulations” that would clear the way for regulation of e-cigarettes.
Today’s letter was sent to the following companies: NJOY, Lorillard Inc., Reynolds American Inc., Altria Group, Inc., LOGIC Technology, Eonsmoke, GreenSmoke, VMR Products, and Lead By Sales LLC.
With one in every five Ohio deaths caused by tobacco use, Brown held a news conference call this week to urge the Administration to put an end to Big Tobacco’s latest attempts to use trade law to undermine anti-smoking efforts and to sell and market “electronic cigarettes” to children. Brown was joined on the call by Susan Liss, the Executive Director of Campaign for Tobacco-Free Kids, who helped discuss the means Big Tobacco is willing to take to replace the more than 400,000 customers it loses each year to tobacco-related death.
[Text of today’s letter is below]
September 26, 2013
Craig Weiss
President and Chief Executive Officer
NJOY
15211 N. Kierland Blvd #200
Scottsdale, AZ 85254
Dear Mr. Weiss:
We write to express our concern about the marketing and sale of electronic cigarettes to minors.
Electronic cigarettes, also called e-cigarettes and e-cigs, are battery-operated products that simulate traditional cigarettes by converting cartridges typically filled with addictive nicotine, other additives, and flavorings into vapor inhaled by the user. Recent studies released by the Centers for Disease Control and Prevention (CDC) indicate that e-cigarette use by adults, as well as middle and high school students doubled in recent years.[1],[2]
Currently, e-cigarettes are not subject to federal laws and regulations that apply to traditional cigarettes. For example, federal laws and regulations prohibit traditional cigarettes from being sold to persons younger than 18, distributed as free samples, advertised on television and radio, and having characterizing fruit flavors that appeal to kids. In addition, traditional cigarettes may only be displayed behind the counter where they are accessible to the public only through direct interaction with a sales clerk.
For more than four decades a federal ban on cigarette ads for radio and television has helped to deglamorize smoking for young people. We are concerned that e-cigarette makers are using a broad range of marketing techniques previously employed by traditional cigarette companies to entice youth to use their products. These marketing techniques include utilizing advertisements and product placement with celebrities; sponsorship of events; distributing samples; selling products in flavors that appeal to children, such as strawberry and bubblegum; and making their product easily available to youth online and in the now ubiquitous e-cigarette mall kiosks.
Despite claims from some e-cigarette makers that they do not market their products to youth and that kids should not have access to their products, e-cigarette manufacturers appear to be applying marketing tactics similar to those used by the tobacco industry to hook a new generation of children. Further, a CDC study released this month found that in just one year, from 2011 to 2012, e-cigarette use more than doubled among middle and high school students from 4.7% to 10%.[3] The report cited that 76.3% of youth who used e-cigarettes also smoked conventional cigarettes within the previous 30 days. This study reinforces growing concerns regarding the marketing of e-cigarettes to youth through tactics currently prohibited for traditional cigarettes. Additionally, the study finding that 1 in 5 middle school students who reported using e-cigarettes had never tried conventional cigarettes suggests that for youth e-cigarettes could be a gateway to nicotine addiction and smoking.
In light of public health concerns regarding exposure to addictive nicotine in e-cigarettes and the sharp rise in e-cigarette use among teens, we want to better understand your company’s policies and practices related to the sale, marketing, and distribution of e-cigarettes. We respectfully request that you provide a written response to the following questions by October 25, 2013.
Please provide a written response to these questions by October 25, 2013. Should you have any questions, please contact Dr. Binta Beard with Assistant Majority Leader Durbin at 202-224-2152, Beth Stein, Chief Investigative Counsel with Chairman Harkin at 202-224-2931, Kristin Amerling, Chief Investigative Counsel and Director of Oversight with Chairman Rockefeller at 202-224-1300, or Brian Cohen, Oversight and Investigations Subcommittee Staff Director with Rep. Waxman at 202-225-3641. Thank you for your assistance and cooperation in response to this request.
Sincerely,
_______________________ _______________________ _______________________
Richard J. Durbin Tom Harkin John D. Rockefeller IV
United States Senator United States Senator United States Senator
_______________________ _______________________
Henry A. Waxman Frank Pallone, Jr.
United States Representative United States Representative
_______________________ _______________________
Richard Blumenthal Edward J. Markey
United States Senator United States Senator
_______________________ _______________________
Sherrod Brown Jack Reed
United States Senator United States Senator
_______________________ _______________________
Barbara Boxer Heidi Heitkamp
United States Senator United States Senator
_______________________
Jeff Merkley
United States Senator
[1] King, BA, et al., “Awareness and Ever Use of Electronic Cigarettes Among U.S. Adults, 2010–2011,” Nicotine & Tobacco Research, published online February 28, 2013.
[2] Centers for Disease Control and Prevention. MMWR Vol.62 No.35. September 6, 2013 pp.729-528
[3] Centers for Disease Control and Prevention. MMWR Vol.62 No.35. September 6, 2013 pp.729-528