Flagstaff Community Health Action Network: July 2014

Supporter--

The FDA is taking long-overdue action to regulate all tobacco products, including electronic cigarettes and cigars. But FDA is being pressured to exempt some tobacco products from regulation. Cigar smokers, e-cigarette users, retailers and manufacturers are flooding the FDA with comments urging weaker regulations. We must ensure that FDA hears from as many people as possible that ALL tobacco products should be regulated to protect the public health. The deadline for public comment is August 8th.

The FDA needs to hear from you to make sure the final rule doesn’t exempt any tobacco products. Below are some talking points you can use to prepare your comments to the FDA. Personalize your comments by including your experience with tobacco products and why you care about making sure all tobacco products are regulated by the FDA.

Click here to submit your comments directly to the FDA. We've also provided sample comments you can adapt and use at http://regulateALLtobacco.org.
The easiest way to do this is to draft your comments first and then cut and paste them into the form. You will only need to provide your name, uncheck the third party checkbox, and select "Individual Consumer" (or whatever option best fits you) from the drop down menu titled "Category".

KEY ARGUMENTS (TO USE IN YOUR COMMENTS)

1. FDA should regulate all cigars. Cigars are not just smoked by adults – kids smoke them too. High school boys now smoke cigars at the same rate as cigarettes (16.5 percent for cigars and 16.4 percent for cigarettes), and more male high school seniors smoke cigars than cigarettes. FDA should regulate all cigars and not try to exempt so-called premium cigars. According to the FDA proposed rule “all cigars are harmful and potentially addictive” and “a large cigar may contain as much tobacco as a whole pack of cigarettes.” Exempting any category of tobacco product creates a dangerous loophole that can be exploited by the tobacco industry.

2. FDA must protect kids by extending the prohibition on self-service displays to cigars and e-cigarettes. Prohibiting self-service displays would help keep tobacco products out of the hands of kids by requiring customers to ask a sales clerk for assistance. These rules currently apply to cigarettes and smokeless tobacco, which is why they are typically located behind the counter, and they should apply to cigars and e-cigarettes as well. Otherwise, these products can be placed next to candy in stores, making them attractive and accessible to kids.

3. FDA should prohibit internet sales of tobacco products, including e-cigarettes. The internet makes buying all sorts of products easy. Kids should not be able to buy e-cigarettes and e-liquids online. At a minimum, FDA should adopt the same age verification procedures for internet sellers of e-cigarettes and refill liquids that currently apply to internet sales of cigarettes.

4. FDA should restrict e-cigarette marketing that appeals to kids. E-cigarette companies are using the same tactics that have long been used to market regular cigarettes to kids – including celebrities and cartoon characters to pitch products, sponsorships of race cars and music festivals, and ads that portray e-cigarettes as glamorous and rebellious. It’s not surprising that the percentage of middle and high school students who reported ever using e-cigarettes doubled from 2011 to 2012.

5. FDA should ban flavors in cigars and electronic cigarettes. Fruit and candy flavors are banned in cigarettes and they should be banned in cigars and e-cigarettes. The increase in cigar use has been driven by an increase in the use of small, flavored cigars, with flavors like grape, watermelon and chocolate. E-cigarettes also are available in numerous flavors, including sweet tart, cotton candy, gummy gear and bubble gum. As studies and tobacco industry documents reveal, sweet flavors are especially appealing to kids.

6. FDA should require child-proof packaging for e-cigarette liquid nicotine. Nicotine is a powerful neurotoxin, and even small amounts when ingested or absorbed through the skin can cause vomiting and seizures. These flavored liquids smell and taste sweet, making them appealing to children. Calls to poison control centers about liquid nicotine poisoning have risen dramatically. FDA must act swiftly to require child-proof packaging of nicotine e-liquids and related products.

7. FDA must issue a final rule no later than April 25, 2015. The FDA has taken far too long to begin regulating e-cigarettes, cigars and other tobacco products, and we cannot afford any more delays. Delay would mean that important public health protections won’t be put in place for years. That is unacceptable and puts our kids and public health at risk.

Tobacco use is the number one cause of preventable death in the United States. The FDA must regulate all tobacco products to prevent kids from using them and reduce the death and disease they cause. We can't stress enough how critical it is that FDA hears from you before the comment period closes on August 8th.

We know this is a big ask - thank you!!
The Advocacy Team
P.S. Having trouble getting started? Adapt one of our sample comments at http://regulateALLtobacco.org.

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