beating big tobacco to the punch: regulating emerging

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Beating Big Tobacco to the Punch: Regulating Emerging Products Early September 25, 2012

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Page 1: Beating Big Tobacco to the Punch: Regulating Emerging

Beating Big Tobacco to the Punch:

Regulating Emerging Products Early

September 25, 2012

Page 2: Beating Big Tobacco to the Punch: Regulating Emerging

Jack Nicholl

Consultant

The Center for Tobacco Policy & Organizing

Page 3: Beating Big Tobacco to the Punch: Regulating Emerging

AGENDA

I. Introduction

II. What is the Problem?

III. Policy Options for Emerging Products

IV. Organizing Tips for Your Efforts

V. Conclusion

Page 4: Beating Big Tobacco to the Punch: Regulating Emerging

Matthew Moore

Staff Attorney

ChangeLab Solutions

Page 5: Beating Big Tobacco to the Punch: Regulating Emerging

Going to the APHA Conference

in San Francisco this fall?

Join us for a reception!

Change…with a Twist!

Monday, October 29

4 – 7 p.m.

Follow #twist4health

Page 6: Beating Big Tobacco to the Punch: Regulating Emerging

1. What are the new products?

2. Why are they a public health issue?

EMERGING PRODUCTS

Page 7: Beating Big Tobacco to the Punch: Regulating Emerging

“In line with our long-term strategy to transform

the tobacco industry and reduce the harm

caused by smoking, our companies have been

hard at work on developing a pipeline of new

smokeless and other product innovation."

–RJR’s chief executive and president

July 28, 2012

Page 8: Beating Big Tobacco to the Punch: Regulating Emerging

“In line with our long-term strategy to

transform the tobacco industry and reduce the

harm caused by smoking, our companies have

been hard at work on developing a pipeline of

new smokeless and other product

innovation."

–RJR’s chief executive and president

July 28, 2012

Page 9: Beating Big Tobacco to the Punch: Regulating Emerging

TWO CATEGORIES

OF NEW PRODUCTS

• Products containing tobacco

• Nicotine only products

Page 10: Beating Big Tobacco to the Punch: Regulating Emerging

PRODUCTS CONTAINING

TOBACCO

Page 11: Beating Big Tobacco to the Punch: Regulating Emerging

www.trinketsandtrash.org

Page 12: Beating Big Tobacco to the Punch: Regulating Emerging

www.trinketsandtrash.org

Page 13: Beating Big Tobacco to the Punch: Regulating Emerging

www2.journalnow.com

Page 14: Beating Big Tobacco to the Punch: Regulating Emerging

NICOTINE ONLY PRODUCTS

Page 15: Beating Big Tobacco to the Punch: Regulating Emerging
Page 16: Beating Big Tobacco to the Punch: Regulating Emerging

blucigs.com

www2.journalnow.com

Page 17: Beating Big Tobacco to the Punch: Regulating Emerging

made-in-china.com

Page 18: Beating Big Tobacco to the Punch: Regulating Emerging

www.nu-mark.com

Page 19: Beating Big Tobacco to the Punch: Regulating Emerging

www.zonnic.com

Page 20: Beating Big Tobacco to the Punch: Regulating Emerging
Page 21: Beating Big Tobacco to the Punch: Regulating Emerging

WHAT ARE THE

PUBLIC HEALTH HARMS

OF THE NEW PRODUCTS?

Page 22: Beating Big Tobacco to the Punch: Regulating Emerging
Page 23: Beating Big Tobacco to the Punch: Regulating Emerging

www.trinketsandtrash.org

Page 24: Beating Big Tobacco to the Punch: Regulating Emerging

tobaccofreekids.org

Page 25: Beating Big Tobacco to the Punch: Regulating Emerging

magicvalley.com

Page 26: Beating Big Tobacco to the Punch: Regulating Emerging

www.tobaccofreekids.org

Page 27: Beating Big Tobacco to the Punch: Regulating Emerging
Page 28: Beating Big Tobacco to the Punch: Regulating Emerging
Page 29: Beating Big Tobacco to the Punch: Regulating Emerging

Catherine Mongeon

Staff Attorney

ChangeLab Solutions

Page 30: Beating Big Tobacco to the Punch: Regulating Emerging

How can communities regulate them?

EMERGING PRODUCTS

Page 31: Beating Big Tobacco to the Punch: Regulating Emerging

Careful

Definition

Page 32: Beating Big Tobacco to the Punch: Regulating Emerging

“Tobacco Product” means …

…and any product or formulation of matter

containing biologically active amounts of

nicotine that is manufactured, sold, offered for

sale, or otherwise distributed with the

expectation that the product or matter will be

introduced into the human body, but does not

include any cessation product specifically

approved by the United States Food and Drug

Administration for use in treating nicotine or

tobacco dependence.

Page 33: Beating Big Tobacco to the Punch: Regulating Emerging

Tobacco Retailer

Licensing

Page 34: Beating Big Tobacco to the Punch: Regulating Emerging

Age

Restrictions

Page 35: Beating Big Tobacco to the Punch: Regulating Emerging
Page 36: Beating Big Tobacco to the Punch: Regulating Emerging

www.trinketsandtrash.com

Restrict

Pack Size

Page 37: Beating Big Tobacco to the Punch: Regulating Emerging

Restrict

Flavors

Page 38: Beating Big Tobacco to the Punch: Regulating Emerging

• Maine

• New York City

• Providence

Page 39: Beating Big Tobacco to the Punch: Regulating Emerging

Image: totallyvaporusa.com

Page 40: Beating Big Tobacco to the Punch: Regulating Emerging

Uniform

Taxation

Page 41: Beating Big Tobacco to the Punch: Regulating Emerging

Tax stamp

required for

cigarettes

No tax stamp

on cigars

In California:

Price:

$1.50

Price:

$6.00

Page 42: Beating Big Tobacco to the Punch: Regulating Emerging

Ban

Sampling

Page 43: Beating Big Tobacco to the Punch: Regulating Emerging

Restrict Use

in Public

Page 44: Beating Big Tobacco to the Punch: Regulating Emerging

www.ecigator.net

www.smokelessdelite.com

Page 45: Beating Big Tobacco to the Punch: Regulating Emerging

RESOURCES

Page 46: Beating Big Tobacco to the Punch: Regulating Emerging

Vanessa Marvin

Director

The Center for Tobacco Policy & Organizing

Page 47: Beating Big Tobacco to the Punch: Regulating Emerging

Center for Tobacco Policy & Organizing

American Lung Association in California

Vanessa Marvin

Page 48: Beating Big Tobacco to the Punch: Regulating Emerging
Page 49: Beating Big Tobacco to the Punch: Regulating Emerging

Albany Baldwin Park Culver City Delano El Monte Firebaugh Gardena Hawaiian Gardens Huntington Park Menifee Montebello

Monterey County Palmdale Parlier Perris Riverside County San Luis Obispo County Santa Cruz County Solana Beach South Pasadena Union City

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Page 56: Beating Big Tobacco to the Punch: Regulating Emerging

RESOURCES

Page 57: Beating Big Tobacco to the Punch: Regulating Emerging

DISCLAIMER

The information provided in this discussion is for informational

purposes only, and does not constitute legal advice.

ChangeLab Solutions does not enter into attorney-client

relationships.

ChangeLab Solutions is a non-partisan, nonprofit organization

that educates and informs the public through objective, non-

partisan analysis, study, and/or research. The primary purpose

of this discussion is to address legal and/or policy options to

improve public health. There is no intent to reflect a view on

specific legislation.

© 2012 ChangeLab Solutions

Page 58: Beating Big Tobacco to the Punch: Regulating Emerging

Center for Tobacco Policy &

Organizing

The American Lung Association

in California

(916) 554-5864

www.Center4TobaccoPolicy.org

ChangeLab Solutions

510-302-3380

[email protected]

www.changelabsolutions.org

The information provided in this seminar is for informational purposes only, and does not constitute legal advice. ChangeLab Solutions does not enter into attorney-client relationships. The primary purpose of this training is to address legal and/or policy options to improve public health. There is no intent to reflect a view on specific legislation. ChangeLab Solutions incorporates objective non-partisan analysis, study, and research in all our work.

© 2012 ChangeLab Solutions and The Center for Tobacco Policy & Organizing. This material cannot be copied or

reproduced without permission.