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E-cigarette data update and regulatory gaps

E-cigarette data update and regulatory gaps. Anna Guymon, B.S., CHES aguymon@co.weber.ut.us (801)399-7182. Brief History of E-cigarettes . 2006. 2008. 2006-2007. 2009. 2003. 2010. E-cigarette Description . Typically consists of 3 parts: Battery – powers the e-cigarette

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E-cigarette data update and regulatory gaps

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  1. E-cigarette data update and regulatory gaps Anna Guymon, B.S., CHES aguymon@co.weber.ut.us (801)399-7182

  2. Brief History of E-cigarettes 2006 2008 2006-2007 2009 2003 2010

  3. E-cigarette Description Typically consists of 3 parts: • Battery – powers the e-cigarette • Atomizer - heating element • Cartridge – contains nicotine and flavor (including propylene glycol)

  4. Marketing of e-cigarettes • E-cigarettes are rapidly evolving and being marketed like cigarettes were in the 1950s and 1960s • Marketing is back on television and radio • All the major cigarette companies are now in the e-cigarette business • The tobacco industry has a history of making false and misleading public statements regarding their control of the nicotine content and delivery of their products Sources: Tobacco Control Legal Consortium, The Verdict Is In: Findings From United States v. Phillip Morris, Nicotine Levels (2006). Full text of the Court’s 1700pg Final Opinion is available at: http://www.tobaccolawcenter.org/dojlitigation.html ; Grana, R., Benowitz, N., & Glantz. S. 2013. Background paper on e-cigarettes (Electronic Nicotine Delivery Systems). Center for Tobacco Control Research and Education. University of California, San Francisco. WHO Collaborating Center on Tobacco Control.

  5. E-juice • Solutions come in a small bottle without a child safety cap, and are often fruit flavored.

  6. Public Health Concerns -Product • Nicotine solutions come in varied strengths and concentration methods. • Product labeling is inconsistent and ambiguous • Creates risk for nicotine overdose/poisoning

  7. Environmental Health Services DivisionE-Juice Nicotine Content TestingAugust 13, 2013 Retailer labeled level of nicotine on e-juice sample Actual level of nicotine present in sample

  8. Youth and e-cigarettes • Youth are rapidly adopting e-cigarettes • High levels of dual use • Youth who use e-cigarettes are heavier (not lighter) smokers • Youth who use e-cigarettes are much less likely to have stopped smoking Sources: Lee, S., Grana, R. & Glantz, S. 2013. Electronic cigarette use among Korean adolescents: A cross-sectional study of market penetration, dual use and relationship to quit attempts and former smoking. Journal of Adolescent Health, in press. Camenga, D.R., Delmerico, J., Kong, G. Cavallo, D., Hyland, A., Cummings, K.M., & Krishnan-Sarin, S. 2013. Trends in use of electronic nicotine delivery systems by adolescents. Addictive Behaviors, http://dx.doi.org/10.1016/j.addbeh.2013.09.014,

  9. Youth E-cigarette Use & Prevalence National Data 2013 Ever e-cigarette use among middle and high school students has doubled in one year. Source: National Youth Tobacco Survey, United States. 2011-2012

  10. Utah Surveillance Data • Prevention Needs Assessment (PNA) – Youth Data (Grades 8, 10, 12) • Conducted in Utah schools in odd years with a sample of more than 50,000 students in grades 6, 8, 10, 12 • Is considered a randomized, representative sample. • Use rates doubled among youth who reported they had tried e-cigarettes • Despite having no legal access to e-cigarettes, Utah youth are three times more likely to report current use than adults • Nearly one-third of Utah youth who tried e-cigarettes report they never tried conventional cigarettes: 31.7%

  11. Youth experimentation with e-cigarettes, state and local data Source:Tobacco Prevention and Control Program. Prevention Needs Assessment Tobacco Questions, 2013. Salt Lake City: Utah Department of Health. Tobacco Prevention and Control Program. Prevention Needs Assessment Tobacco Questions, 2011. Salt Lake City: Utah Department of Health.

  12. Youth E-cigarette Use, Local and state data 30 day-use Grades 8, 10 ,12 Source:Tobacco Prevention and Control Program. Prevention Needs Assessment Tobacco Questions, 2013. Salt Lake City: Utah Department of Health. Tobacco Prevention and Control Program. Prevention Needs Assessment Tobacco Questions, 2011. Salt Lake City: Utah Department of Health.

  13. Weber-Morgan All Tobacco Use Among Students in Grades 8, 10, 12 Source: Tobacco Prevention and Control Program. Prevention Needs Assessment Tobacco Questions, 2013. Salt Lake City: Utah Department of Health. Tobacco Prevention and Control Program. Prevention Needs Assessment Tobacco Questions, 2011. Salt Lake City: Utah Department of Health.

  14. WM Community Survey (Convenience Sample Data) • 386 youth surveys collected between 7/1/2013 to 10/6/2013 from those who attended local pubic events and that were willing to take the survey • Questions centered on e-cigarette use, as well as knowledge and attitudes toward policies, health risks and access to e-cigarettes • Results cannot be generalized, instead it helps us to understand more of what may be happening in our community.

  15. Youth Use E-cigs, WMHD Convenience Sample Data 2013 n=386

  16. Initiation E-cigs and Cigarettes (n=those who have tried e-cigs) WMHD Convenience Sample Data 2013

  17. How easy is it for you to get e-cigs? (scale of 1-easy to 5-difficult) WMHD Convenience Sample Data 2013 n=those who have tried e-cigarettes

  18. How do you usually get your e-cigs? WMHD Convenience Sample Data 2013 n=those who have tried e-cigarettes

  19. E-cigarette Laws and Policy gaps

  20. FDA Authority over Tobacco Products Has authority to regulate • Product • Whether to regulate as new products or “modified risk products”(for which health claims can be made). The latter process much harder for manufacturers to obtain approval, so likely that e-cigarettes will mostly be marketed as new tobacco products • How the product is marketed • NOauthorityover where e-cigarettes are used and how they are taxed and whether they are even sold

  21. Current Utah Law-E-cigarettes • Utah Indoor Clean Air Act §26-38-2(1),(4)(c) • Youth Access §76-10-104 and §76-10-105 • Schools §53-A-11-902(5)(a)through(d) and §76-10-101

  22. Regulatory Gaps in Utah Law • Definition of tobacco products • E-cigs are inconsistently defined as tobacco products in state code • Youth access • Online sales, free samples, paraphernalia • Retail • Local health departments do not have the authority to conduct compliance checks on e-cigarettes. Only law enforcement currently has the authority. • No requirement for state tobacco retail license • Schools • Definition of paraphernalia

  23. DR. GRO HARLEM BRUNTLAND, FORMER DIRECTOR-GENERAL of the World Health Organization: “If we do not act decisively, a hundred years from now our grandchildren and their children will look back and seriously question how people claiming to be committed to public health and social justice allowed the tobacco epidemic to unfold unchecked.” USDHHS. (2001). Women and Smoking: A Report of the Surgeon General. Washington, DC: PHS.

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