scott neal e-cigarette e-mails (foia request to king county health department)

Page 1

From: "Oberg, Donna" To: "Neal, Scott" "Ross-Viles, Sarah" Date: 9/1/2010 10:19:40 AM Subject: FW: NEWSALERT: Tobacco Use Prevention and Control-September 2010fyi

From: National Association of Local Boards of Health [mailto:[email protected]] Sent: Wednesday, September 01, 2010 5:15 AM To: Oberg, Donna Subject: NEWSALERT: Tobacco Use Prevention and Control-September 2010Having trouble viewing this email? Click here

In This Issue New Resources Available New Resources Available NALBOH News and Events

Tobacco Use Prevention and Control NEWSALERTSeptember 2010

Click here to view

8_19_2011

Page 2

NALBOH News and Events

New Resources Available

Click here to view

The Centers for Disease Control and Prevention have released three new Morbidit and Mortality Weekly Reports Tobacco Use Among Middle and High School Students-United States, 2000 2009 Smoking in Top-Grossing Movies-United States, 1991--2009 Any Tobacco Use in 13 States-Behavioral Risk Factor Surveillance System, 2008 The Tobacco Control Legal Consortium has released their latest edition of Legal Update. Study shows secondhand smoke changes an individual's genes. The Campaign for Tobacco-Free Kids has released four updated fact sheets: Secondhand Smoke, Kids and Cars State Cigarette Excise Tax Rates and Rankings State Cigarette Tax Rates and Rank, Date of Last Increase, Annual Pack Sales & Revenue, and Related Data State Excise Tax Rates for Non-Cigarette Tobacco Products Tobacco Headlines Local Smoke-Free News Bismarck, ND City Commission/Board of Health approves smoking ban for pubs, smoke houses, and truck stops.

San Antonio, TX City Council approves stricter smoking ban for bars, restaurants, comedy clubs, pool and bingo halls, zoos, and within 20 feet of outdoor public trans stations. Brentwood, MO Board of Aldermen approves smoking ban for indoor public places. Maryville, MO City Council passes clean indoor air policy for workplaces.

Branson, MO Board of Aldermen approves ban on tobacco products in city-owne buildings, vehicles, and offices. Davis County, UT Board of Health approves policy stating hookah bars are in violation of Utah Clean Indoor Air Act.

San Francisco, CA Board of Supervisors considers ban on tobacco product sales i grocery stores with on-site pharmacies. Other Tobacco Headlines

Legacy is announcing its Call for Nominations for the 2010 Community Activist Award recognizing an individual's outstanding contribution to tobacco prevention an cessation at the community level. Nominations due September 17, 2010.8_19_2011

Page 3

E-cigarette distributor, Smoking Everywhere, has agreed to halt sales in Oregon. More Americans favoring restaurant smoking bans according to latest USA Today/Gallup telephone poll. NALBOH News and Events

Attention: Missouri, Utah, Idaho, Nebraska, North Carolina, Kentucky, and Iowa NALBOH's Tobacco Use Prevention and Control program is currently developing state-specific webinars and roundtable discussions that will detail funding recommendations and policies and how you can advocate in your state for tobacco prevention and control. Register to attend the webinar on September 16, 2010 at 3 P.M. EDT

NALBOH's 18th Annual Conference was its largest ever! NALBOH would like to thank its attendees, exhibitors, and sponsors for making the 2010 conference a hug success. View the keynote presentations below and mark your calendar for September 7-9, 2011 to attend the 19th Annual Conference in Coeur d'Alene, Idaho! Kyu Rhee, MD, MPP, FAAP, FACP Richard Hamburg, MPA Judith A. Monroe, MD, FAAP NALBOH has released its newest series of documents entitled, Public Health Snapshots By State. By January, 2011 every state's public health snapshot will be available.

Need More Information? Tricia Valasek, MPH Project Director-Tobacco Use Prevention and Control National Association of Local Boards of Health 1840 East Gypsy Lane Road Bowling Green, OH 43402 Phone: (419) 353-7714 Fax: (419) 352-6278 Email: [email protected] Copyright 2010, National Association of Local Boards of HealthForward email Email Marketing by This email was sent to [email protected] by [email protected]. Instant removal with SafeUnsubscribe | Privacy Policy.

National Association of Local Boards of Health | 1840 East Gypsy Lane Road | Bowling Green | OH | 43402

8_19_2011

Page 1

From: To: Date: Subject:

"Coppage, William $CDC/ONDIEH/NCCDPHP$ $CTR$" undisclosed-recipients 9/1/2010 11:06:17 AM Office on Smoking and Health Media Network September 2010 E-Bulletin Office on Smoking and Health Media Network September 2010 E-Bulletin

Note: The monthly E-bulletins are posted on the OSH State Information Forum. Go to , click on the folder , then scroll down. CONFERENCES/TRAININGS/EVENTS Economics of Smoke-free Air Policy Web-cast. The TTAC/TCN web-cast will be held September 15, 2010, 3 p.m. ET Registration closes September 8, 2010. This webinar provides an overview of the benefits to the business community that result from comprehensive smoke-free air laws. Smoking Cessation: the Economic Benefits Preview Webinar. The American Lung Association will soon release state-by-state data on the economic benefits of helping people quit smoking. Click on this link to attend a preview webinar on September 8, 2010, 12:00 pm ET. Audio is through the computer, turn on the speakers before logging on. Conference Presentations Posted Online. Presentations from the national conference, Promising Practices: Achieving Health and Social Equity in Tobacco Control held in New Orleans, LA, April 27-28, 2010 are now available online. EVALUATION: Counter-Marketing or Media Analysis The Influence of Liking for Antismoking PSAs on Adolescents' Smoking-related Behavioral Intentions. Health Communication (July 2010). PSA liking appears to be an important predictor of smoking intentions for never smokers, whereas perceived argument strength strongly predicts quitting intentions for current smokers. Smoking in Top-Grossing Movies United States, 19912009. Morbidity and Mortality Weekly Report (August 20, 2010). An analysis of top-grossing movies from 1991-2009 found that, although depictions of tobacco use have declined in recent years, more than half of movies rated PG-13 still contained tobacco imagery in 2009. Determinants of Participation and Response Effort in Web Panel Surveys. Journal of Interactive Marketing (August 2010). These findings provide useful insights to researchers using web panels, and point out limitations with using strictly demographics-based weighting schemes when selecting web panels. FDA The FDA Center for Tobacco Products (CTP) has posted two positions, applications close September 7, 2010. 1. Supervisory, Health Communication Specialist: Director of the Strategic Partnerships and Alliances team of the Office of Health Communication and Education at the CTP: All sources track posting Merit Promotion Track posting 2. Supervisory, Health Communication Specialist: Director of the Public and Media Relations team of the Office of Health Communication and Education at CTP: All Sources Track posting Merit Promotion Track posting Tobacco Retailer Compliance Training Sessions. The FDA has announced dates of the remaining four live8_19_2011

Page 2

training sessions on federal tobacco regulations in September 2010 in Atlanta, GA, Chicago, IL, Dallas, TX, and Los Angeles, CA. There is no cost to attend. Tobacco retailers are encouraged to attend in person or participate by phone or webcast. CTP Stakeholder Discussion Series. The FDA has announced locations and tentative dates for the first round of the Centers Stakeholder Discussion Series. Each session, moderated by an expert facilitator, will focus on topics specific to the primary stakeholder community present. MARKETING/COMMUNICATIONS CAMPAIGNS

Become an EX iPhone Application. Legacy and Apperian Inc. have developed an application for iPhone to help smokers who want to quit on the go with their Become an EX program. OTHER PRODUCTS: Smokeless, Cigars, Hookahs, e-Cigarettes, etc.

Oregon AG Squashes Electronic Cigarettes in State. KATU.com (August 9, 2010). Oregon Attorney General John Kroger announced agreements Monday, August 9, 2010, with Florida-based Smoking Everywhere Inc. and its president, Elico Taieb, prohibiting the sale and distribution of its electronic cigarettes in Oregon. RESOURCES: General Media/Communications

Mobile to Outpace Internet Growth. Media Post: Media Daily News (August 17, 2010). A new report from Nielsen Wire indicates that mobile media will significantly outpace the Internet and other traditional media platforms -- especially in emerging and faster growth economies. Twitter Users Get Up Close and Personal With Brands. Media Post: Research Brief (August 19, 2010). A new study by ExactTarget finds consumers who are active on Twitter are three times more likely to impact a brand's online reputation through syndicated Tweets, blog posts, articles and product reviews than the average consumer. RESOURCES: Tobacco-Related

Legacy Site on Menthol. Legacy has launched a website to provide accurate and independent information about menthol and the potential consequences of a menthol ban. The site includes a link to the Lorillard Tobacco Company site on menthol. Legal Update Newsletter. The latest issue of the Legal Update, the newsletter of the Tobacco Control Legal Consortium, is now available. Three updated factsheets are available from the Campaign for Tobacco Free Kids on point-of-purchase or retailer-based marketing of tobacco products: 1. Tobacco Marketing that Reaches Kids: Point of Purchase Advertising and Promotions 2. Tobacco Company Marketing to Kids 3. The Impact of the New FDA Tobacco Law on State Tobacco Control Efforts License to Kill? Tobacco Retailer Licensing as an Effective Enforcement Tool. This new publication from the Tobacco Control Legal Consortium focuses on laws that require special licenses for businesses selling tobacco products. SECONDHAND SMOKE (SHS)/CLEAN INDOOR AIR (CIA)

Secondhand Smoke in Alfresco Areas. Health Promotion Journal of Australia (August 2010). Smoking increases particulate matter (PM2.5) concentrations in outdoor areas to levels that are potentially hazardous to health. Secondhand Smoke Seepage into Multi-Unit Affordable Housing. New publication from the Tobacco Control Legal Consortium that looks at the legal, procedural and health aspects for adopting smoke-free policies8_19_2011

Page 3

in public housing. TARGET POPULATION: African American African American Primary Care Physicians' Perceptions and Practices Regarding Smoking Cessation Therapy. Journal of the National Medical Association (July 2010). An examination of African American primary care physicians' perceptions and practices regarding smoking cessation counseling. TARGET POPULATION: Asian/Pacific Islander American Online Recruitment of Targeted Populations: Lessons Learned From a Cessation Study Among Korean Americans (KA). Social Marketing Quarterly (September 2010). This article describes the realworld experience recruiting 1,261 KA participants, primarily through online methods. Paid online advertising was essential to the recruitment effort. TARGET POPULATION: Disadvantaged/Low SES Two documents from Washington State Tobacco Prevention and Control Program that provide helpful insights into reducing tobacco-related disparities among those living in poverty. The documents are available on the Break Free Alliance's website. For more information, please contact David Harrelson at (360) 236-3685. 1. Innovative Approaches to Reducing the Burden of Tobacco Use Among Low SES Populations and; 2. Health Equity for All: A Leadership Summit to Reduce the Burden of Tobacco Use Among Low SES Populations Listen to Dr. Travis Baggett, Fellow of General Internal Medicine at the Massachusetts General Hospital, give an interview about a paper he co-authored on cigarette smoking in a national sample of Health Care for the Homeless clinic users. Partner Smoking Characteristics: Associations with Smoking and Quitting Among Blue-collar Apprentices. American Journal of Industrial Medicine (August 18, 2010, Epub ahead of print). Results suggest that smoking cessation interventions that include partner support might improve cessation among bluecollar smokers. TARGET POPULATION: Hispanics/Latinos The Latino Digital Divide: The Native Born versus The Foreign Born." Pew Hispanic Center (July 28, 2010). 85% of U.S.-born Hispanics use the Internet and 80% use cell phones. Compare this to foreign-born Hispanics where Internet usage currently stands at 51% and cell phone usage at 72%. TARGET POPULATION: Lesbian/Gay/Bi-Sexual/Transgendered (LGBT) Coming Out about Smoking: Tobacco Use in the LGBTQ Young Adult Community. This new report by the National Youth Advocacy Coalition explores the reasons why sexual minority youth smoke and suggests strategies for prevention. TARGET AUDIENCE: OLDER ADULTS Older Adults and Social Media. Pew Internet and American Life Project (August 27, 2010). While social media use has grown dramatically across all age groups, older users have been especially enthusiastic over the past year about embracing new networking tools. TARGET POPULATION: Tobacco Users8_19_2011

Page 4

Any Tobacco Use in 13 States Behavioral Risk Factor Surveillance System (BRFSS), 2008. Morbidity and Mortality Weekly Report (August 6th, 2010). New analyses on 2008 BRFSS data in 13 states estimating the prevalence of any tobacco and polytobacco use. Psychosocial Characteristics of Smokers Interested in Quitting. Journal of Health Psychology (July 14, 2010, Epub ahead of print). Lower depressive symptoms and more positive partner or friend support to quit predicted a greater likelihood of quitting. TARGET POPULATION: Women and Girls

Postpartum Smoking Abstinence. Health Promotion Practice (August 18, 2010, Epub ahead of print). Women's narratives described the process of postpartum smoking abstinence. Concern for their childs health was a primary factor for abstinence. Women and the Web. Media Post: Research Brief (August 5, 2010). According to a comScore study, Women on the Web: How Women are Shaping the Internet, social networking sites reach a higher percentage of women than men globally. TARGET POPULATION: Youth/Young Adults

Tobacco Use Among Middle and High School StudentsUS, 20002009. Morbidity and Mortality Weekly Report (August 27, 2010). From 2000 to 2009, the prevalence of current tobacco use and experimentation declined for middle school and high schools students; however, for most tobacco use measures, no significant declines were noted from 20062009. Student Smoking Identities and Behavior: Evidence of Discrepancies. Western Journal of Nursing Research (June 2010). Results indicate discrepancy between smoking identity and cigarette use among college students. Twenty percent of students who smoked in the past 30 days self-identified as nonsmokers. Defining "Smoker": College Student Attitudes and Related Smoking Characteristics. Nicotine and Tobacco Research (July 30, 2010, Epub ahead of print). College students use a broad range of criteria to define who is a smoker. These criteria impact how motivated students are to quit smoking and their perception of needing to "quit smoking." TOBACCO CESSATION

Medicaid Toolbox. This North American Quitline Consortium (NAQC) resource provides information and examples for understanding the current environment, expanding cessation benefits in the Medicaid program, and gaining reimbursement for quitline services to Medicaid members. NAQC Policy Playbook Updated. The NAQC Policy Playbook focuses on promoting quitline services to smokers following the enactment of new smokefree laws or the implementation of tobacco tax increases. TOBACCO MARKETING/ADVERTISING/PROMOTION

Media Exposure and Tobacco, Illicit Drugs, and Alcohol Use among Children and Adolescents: A Systematic Review. Substance Abuse (July 2010). The evidence was strongest for links between media exposure and tobacco use. A Longitudinal Study of Exposure to Retail Cigarette Advertising and Smoking Initiation. Pediatrics (August 2010). Teens' exposure to cigarette advertising at retail outlets substantially increases the odds they will start smoking. Perceptions of Smoking Prevalence by Youth in Countries With and Without a Tobacco Advertising Ban. Journal of Health Communication: International Perspectives (September 2010). Children's exposure to cigarette advertising leads them to overestimate the prevalence of smoking. How Do Tobacco Retail Displays Affect Cessation Attempts? Findings from a Qualitative Study. Tobacco Control (August 2010). Tobacco products had high visibility, and elicited emotional and physical reactions that created on-going temptation, complicated cessation attempts and stimulated impulse purchases.8_19_2011

Page 5

Connecting World Youth with Tobacco Brands: YouTube and the Internet Policy Vacuum on Web 2.0. Tobacco Control (Published Online First 25 August 2010). Pro-tobacco videos have a significant presence on YouTube, consistent with indirect marketing activity by tobacco companies or their proxies. TOBACCO INDUSTRY WATCH

New Types of Smokeless Tobacco Present Growing Risks for Youth. The Nations Health (August 2010). While such products have yet to catch on in a significant way in the US, public health advocates warn not to underestimate the influence of tobacco marketing, especially in regard to young people. Analysis - Tobacco floats new products but relies on pricing. Rueters (August 26, 2010). Focusing on cigarette prices does not prevent tobacco companies from trying to increase sales volume overall, which has led to the appearance of snus in convenience stores and gas stations.

Information and links to non-Federal organizations are provided solely as a service to Media Network Members. Links do not constitute an endorsement of any organization by CDC or the Federal Government, and none should be inferred. CDC is not responsible for the content of the individual organization found at non-Federal links.

8_19_2011

Page 1


"Zilar, Christopher" "Neal, Scott" 9/7/2010 12:42:11 PM RE: King County Board of Health: Housing resolution and SIPP code revisions

Scott, Are you planning to send FDA a comment regarding dissolvables?Christopher P. Zilar, Program Manager Breast, Cervical and Colon Health Tobacco Prevention and Control Spokane Regional Health District 1101 W. College Ave., Suite 401 Spokane, WA 99201 (509) 324-1538 mailto:[email protected] www.srhd.org

Public Health - Always working for a safer and healthier communityCONFIDENTIALITY NOTICE: This email and any attachments are for the sole use of the intended recipient(s) and may contain proprietary, confidential, or privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Neal, Scott [mailto:[email protected]] Sent: Tuesday, September 07, 2010 7:53 AM To: Zilar, Christopher Cc: Scholer, Julie; Panerio, Krista; Davis, Paul A (DOH) Subject: RE: King County Board of Health: Housing resolution and SIPP code revisions Hi Christopher, Thanks for your comments. I agree that the increase in civil penalty is a bit of a wild card, but our Prosecuting Attorney's Office has found at least one case in which something similar was done so they feel somewhat confident that might hold water if ever challenged. Given this is only for Event Venues of 1,000 or more people, it is probably less likely to get challenged too. You also bring up a good point regarding the fees for inspections increasing over time. We did not include that in our draft language, but probably should have put in an every year or every two year term. Although our fees don't really kick in until someone has been found in violation 2 times or more, so hopefully the threat of fines AND fees will keep them in line. :) If this becomes a problem, we will end up having to go back ot the BOH to revise this. I am in an all day retreat today, but want to touch base with you tomorrow if possible. I would like to start talking about how we might be able to to work together on our next BOH action planned for December. As I mentioned before, the focus of that one is around youth access issues...especially other tobacco products that are flavored and e-cigs. It would be great if we could get both our counties to adopt similar language at the same time and if other counties wanted to join forces, all the better! I'll give you a call tomorrow to catch up. Thanks Scott

From: Zilar, Christopher [mailto:[email protected]] Sent: Wednesday, September 01, 2010 8:40 PM To: Neal, Scott Cc: Scholer, Julie; Panerio, Krista; Davis, Paul A (DOH) 8_19_2011

Page 2 Subject: RE: King County Board of Health: Housing resolution and SIPP code revisions

Scott, I like what you are trying to do. Clarifying public places and places of employment seems like an advantageous strategy. My opinion is that the increase in civil penalties will not be successful if challenged in court, but I am glad you have it in there. If it withstands a challenge, then we can all jump on board and do the same thing. The graduated reinspection fee protocol that we use has worked well for us and I think its a good idea to add it to your protocol. My only question is this: if your costs to administer enforcement activities continue to rise, will you have to present new resolutions to the board each year to change the fees? Our board annually (usually July) adopts a fee schedule that encompasses the fees from every program in our agency. This way, they can be more efficient with regards to fee changes. The down side is that we can only change our fees once per year during our annual fee schedule assessment. So, if our costs suddenly increase, we have to wait until July to make changes. Scott, I am very thankful for your forward-thinking. I am especially grateful that you coordinated a statewide discussion about these issues. I agree with you that if all our local jurisdictions do the same things at the same time, it will be noticed at the state level, which in turn could have long term benefits statewide. With tremendous respect,Christopher P. Zilar, Program Manager Breast, Cervical and Colon Health Tobacco Prevention and Control Spokane Regional Health District 1101 W. College Ave., Suite 401 Spokane, WA 99201 (509) 324-1538 mailto:[email protected] www.srhd.org


From: Hamilton, Joy [mailto:[email protected]] Sent: Wednesday, September 01, 2010 1:20 PM To: Hamilton, Joy; Ross-Viles, Sarah; Neal, Scott; Zilar, Christopher; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Hyde, Jonnie; [email protected]; Cross, Theresa; [email protected] Cc: Scholer, Julie; Pearson, Anne; Apa, James Subject: King County Board of Health: Housing resolution and SIPP code revisions

Greetings colleagues, Here are the proposed revisions to the current BOH code regarding smoking in public places and places of employment that include: 1. Establish new definitions for "director" (of the Seattle-King County Department of Public Health), "employee," "employer," and "large event venue"; 2. Establish criteria for determining that a portion of a building other than a private residence is "open to the public";8_19_2011

Page 3

3. Increase the civil penalties for violations at "large event venues" from $100 per violation to $100 for every one thousand persons lawfully permitted to assemble at the venue, per violation; and 4. Establish graduated reinspection fees to defray the administrative costs of repeat inspections to verify compliance at public places and places of employment where violations are found.

This is now public information (available at: http://kingcounty.gov/council/clerk/ordinances_advertised.aspx ) but it would be best if you keep this information internal until the BOH meeting September 16th. Please let us know if you have any questions. We will send on the Housing Resolution finalized language late next week once it has been shared with the BOH members. Thanks, Joy Hamilton, MPH CPPW Tobacco Policy and Advocacy Manager Public Health - Seattle & King County 401 5th Ave. Suite 900 Seattle, WA 98104 (206) 263-9382

8_19_2011

Page 1


"Neal, Scott" "Zilar, Christopher" 9/7/2010 10:52:30 AM RE: King County Board of Health: Housing resolution and SIPP code revisions

Hi Christopher, Thanks for your comments. I agree that the increase in civil penalty is a bit of a wild card, but our Prosecuting Attorney's Office has found at least one case in which something similar was done so they feel somewhat confident that might hold water if ever challenged. Given this is only for Event Venues of 1,000 or more people, it is probably less likely to get challenged too. You also bring up a good point regarding the fees for inspections increasing over time. We did not include that in our draft language, but probably should have put in an every year or every two year term. Although our fees don't really kick in until someone has been found in violation 2 times or more, so hopefully the threat of fines AND fees will keep them in line. :) If this becomes a problem, we will end up having to go back ot the BOH to revise this. I am in an all day retreat today, but want to touch base with you tomorrow if possible. I would like to start talking about how we might be able to to work together on our next BOH action planned for December. As I mentioned before, the focus of that one is around youth access issues...especially other tobacco products that are flavored and e-cigs. It would be great if we could get both our counties to adopt similar language at the same time and if other counties wanted to join forces, all the better! I'll give you a call tomorrow to catch up. Thanks Scott

From: Zilar, Christopher [mailto:[email protected]] Sent: Wednesday, September 01, 2010 8:40 PM To: Neal, Scott Cc: Scholer, Julie; Panerio, Krista; Davis, Paul A (DOH) Subject: RE: King County Board of Health: Housing resolution and SIPP code revisions

Scott, I like what you are trying to do. Clarifying public places and places of employment seems like an advantageous strategy. My opinion is that the increase in civil penalties will not be successful if challenged in court, but I am glad you have it in there. If it withstands a challenge, then we can all jump on board and do the same thing. The graduated reinspection fee protocol that we use has worked well for us and I think its a good idea to add it to your protocol. My only question is this: if your costs to administer enforcement activities continue to rise, will you have to present new resolutions to the board each year to change the fees? Our board annually (usually July) adopts a fee schedule that encompasses the fees from every program in our agency. This way, they can be more efficient with regards to fee changes. The down side is that we can only change our fees once per year during our annual fee schedule assessment. So, if our costs suddenly increase, we have to wait until July to make changes. Scott, I am very thankful for your forward-thinking. I am especially grateful that you coordinated a statewide discussion about these issues. I agree with you that if all our local jurisdictions do the same things at the same time, it will be noticed at the state level, which in turn could have long term benefits statewide. With tremendous respect,8_19_2011

Page 2 Christopher P. Zilar, Program Manager Breast, Cervical and Colon Health Tobacco Prevention and Control Spokane Regional Health District 1101 W. College Ave., Suite 401 Spokane, WA 99201 (509) 324-1538 mailto:[email protected] www.srhd.org



Greetings colleagues, Here are the proposed revisions to the current BOH code regarding smoking in public places and places of employment that include: 1. Establish new definitions for "director" (of the Seattle-King County Department of Public Health), "employee," "employer," and "large event venue"; 2. Establish criteria for determining that a portion of a building other than a private residence is "open to the public"; 3. Increase the civil penalties for violations at "large event venues" from $100 per violation to $100 for every one thousand persons lawfully permitted to assemble at the venue, per violation; and 4. Establish graduated reinspection fees to defray the administrative costs of repeat inspections to verify compliance at public places and places of employment where violations are found.

This is now public information (available at: http://kingcounty.gov/council/clerk/ordinances_advertised.aspx ) but it would be best if you keep this information internal until the BOH meeting September 16th. Please let us know if you have any questions. We will send on the Housing Resolution finalized language late next week once it has been shared with the BOH members. Thanks, Joy Hamilton, MPH CPPW Tobacco Policy and Advocacy Manager Public Health - Seattle & King County 401 5th Ave. Suite 900 Seattle, WA 98104 (206) 263-93828_19_2011

Page 3

8_19_2011

Page 1


"Neal, Scott" [email protected] 9/7/2010 1:49:41 PM Re: King County Board of Health: Housing resolution and SIPP code revisions

Yes we are planning to do that too. I'm on a brief break now...but we can talk about that when we connect today/tomorrow too. I'm definitely willing to collaborate on that too. Scott

From: Zilar, Christopher To: Neal, Scott Sent: Tue Sep 07 09:42:05 2010 Subject: RE: King County Board of Health: Housing resolution and SIPP code revisions

Scott, Are you planning to send FDA a comment regarding dissolvables?Christopher P. Zilar, Program Manager Breast, Cervical and Colon Health Tobacco Prevention and Control Spokane Regional Health District 1101 W. College Ave., Suite 401 Spokane, WA 99201 (509) 324-1538 mailto:[email protected] www.srhd.org


From: Neal, Scott [mailto:[email protected]] Sent: Tuesday, September 07, 2010 7:53 AM To: Zilar, Christopher Cc: Scholer, Julie; Panerio, Krista; Davis, Paul A (DOH) Subject: RE: King County Board of Health: Housing resolution and SIPP code revisions Hi Christopher, Thanks for your comments. I agree that the increase in civil penalty is a bit of a wild card, but our Prosecuting Attorney's Office has found at least one case in which something similar was done so they feel somewhat confident that might hold water if ever challenged. Given this is only for Event Venues of 1,000 or more people, it is probably less likely to get challenged too. You also bring up a good point regarding the fees for inspections increasing over time. We did not include that in our draft language, but probably should have put in an every year or every two year term. Although our fees don't really kick in until someone has been found in violation 2 times or more, so hopefully the threat of fines AND fees will keep them in line. :) If this becomes a problem, we will end up having to go back ot the BOH to revise this. I am in an all day retreat today, but want to touch base with you tomorrow if possible. I would like to start talking about how we might be able to to work together on our next BOH action planned for December. As I mentioned before, the focus of that one is around youth access issues...especially other tobacco products that are flavored and e-cigs. It would be great if we could get both our counties to adopt similar language at the same time and if other counties wanted to join forces, all the better! 8_19_2011

Page 2 I'll give you a call tomorrow to catch up. Thanks Scott

From: Zilar, Christopher [mailto:[email protected]] Sent: Wednesday, September 01, 2010 8:40 PM To: Neal, Scott Cc: Scholer, Julie; Panerio, Krista; Davis, Paul A (DOH) Subject: RE: King County Board of Health: Housing resolution and SIPP code revisions

Scott, I like what you are trying to do. Clarifying public places and places of employment seems like an advantageous strategy. My opinion is that the increase in civil penalties will not be successful if challenged in court, but I am glad you have it in there. If it withstands a challenge, then we can all jump on board and do the same thing. The graduated reinspection fee protocol that we use has worked well for us and I think its a good idea to add it to your protocol. My only question is this: if your costs to administer enforcement activities continue to rise, will you have to present new resolutions to the board each year to change the fees? Our board annually (usually July) adopts a fee schedule that encompasses the fees from every program in our agency. This way, they can be more efficient with regards to fee changes. The down side is that we can only change our fees once per year during our annual fee schedule assessment. So, if our costs suddenly increase, we have to wait until July to make changes. Scott, I am very thankful for your forward-thinking. I am especially grateful that you coordinated a statewide discussion about these issues. I agree with you that if all our local jurisdictions do the same things at the same time, it will be noticed at the state level, which in turn could have long term benefits statewide. With tremendous respect,Christopher P. Zilar, Program Manager Breast, Cervical and Colon Health Tobacco Prevention and Control Spokane Regional Health District 1101 W. College Ave., Suite 401 Spokane, WA 99201 (509) 324-1538 mailto:[email protected] www.srhd.org



8_19_2011

Page 3

Greetings colleagues, Here are the proposed revisions to the current BOH code regarding smoking in public places and places of employment that include: 1. Establish new definitions for "director" (of the Seattle-King County Department of Public Health), "employee," "employer," and "large event venue"; 2. Establish criteria for determining that a portion of a building other than a private residence is "open to the public"; 3. Increase the civil penalties for violations at "large event venues" from $100 per violation to $100 for every one thousand persons lawfully permitted to assemble at the venue, per violation; and 4. Establish graduated reinspection fees to defray the administrative costs of repeat inspections to verify compliance at public places and places of employment where violations are found.

This is now public information (available at: http://kingcounty.gov/council/clerk/ordinances_advertised.aspx ) but it would be best if you keep this information internal until the BOH meeting September 16th. Please let us know if you have any questions. We will send on the Housing Resolution finalized language late next week once it has been shared with the BOH members. Thanks, Joy Hamilton, MPH CPPW Tobacco Policy and Advocacy Manager Public Health - Seattle & King County 401 5th Ave. Suite 900 Seattle, WA 98104 (206) 263-9382

8_19_2011

Page 1

From: To: Date: Subject: Attachments:Gary,

"Darrington, Susan" "Johnson, Gareth" 9/8/2010 6:35:56 PM Qwest Field - Post Game Smoking Report Health Department Post Game Reporting.docx

Per our conversation last week, please find the attached post game smoking report. We have included the figures for the last two games, as well as a brief outline of the various means we are using to communicate our policy. For all subsequent games, you should expect to receive an updated spreadsheet from my assistant Ashleigh within 5-8 days of a Sunday game. Regarding our conversation about e-cigarettes and nicotine alternatives during the Sounders game walkthrough, I was hoping you could clear up and confirm a few outstanding questions we had. Firstly, as e-cigarettes are now legal, we would like to offer this as an alternative. Can you help us to better understand any potential conflicts this might have? We would also be interested in any potential contacts you might have regarding a partnership or retail opportunity within the stadium, for both e-cigarettes as well as Nicorette (I believe that was the brand you had mentioned). Any information or guidance you can offer would be greatly appreciated. Also, we appreciated your ability to have staff attend our internal training session, and wanted to determine if you feel there would be any additional value in having your staff attend future trainings our contractors provide to their staff. If so, we would be happy to facilitate this request. Lastly, Id like to reiterate that you and your staff have a standing invitation to observe any of our future games. If you can give us a best guess as to any other events you might be interested in attending, I can have my assistant coordinate passes and parking. SusanSusan Darrington VP, Facility Operations and Services Qwest Field | Qwest Field Event Center | WaMu Theater Phone 206-381-7576 Fax 206-381-7557This e-mail transmission and any attachments that accompany it may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately reply to the author via e-mail that you received this message by mistake and also permanently delete the original and all copies of this e-mail and any attachments from your computer. Thank you.

8_19_2011

Page 1

From: "Darrington, Susan" To: "Darrington, Susan" "Johnson, Gareth" Date: 9/8/2010 6:43:00 PM Subject: RE: Qwest Field - Post Game Smoking Report Attachments: Help Keep Qwest Field Smoke-Free.msgMy apologies, I forgot to include a copy of the email that was sent to all season ticket holders reminding them that Qwest Field is a non-smoking venue. It is attached for your review. Please let me know if you have any questions or concerns, or if I have forgotten to include anything else in these emails! Thanks, SusanSusan Darrington VP, Facility Operations and Services Qwest Field | Qwest Field Event Center | WaMu Theater Phone 206-381-7576 Fax 206-381-7557This e-mail transmission and any attachments that accompany it may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately reply to the author via e-mail that you received this message by mistake and also permanently delete the original and all copies of this e-mail and any attachments from your computer. Thank you.

From: Darrington, Susan Sent: Wednesday, September 08, 2010 3:35 PM To: 'Johnson, Gareth' Cc: 'Neal, Scott'; '[email protected]'; Kawasaki-Romero, Ann (PSA / Stadium) [FGI BC]; Fetterhoff, Ashleigh Subject: Qwest Field - Post Game Smoking Report

Gary, Per our conversation last week, please find the attached post game smoking report. We have included the figures for the last two games, as well as a brief outline of the various means we are using to communicate our policy. For all subsequent games, you should expect to receive an updated spreadsheet from my assistant Ashleigh within 5-8 days of a Sunday game. Regarding our conversation about e-cigarettes and nicotine alternatives during the Sounders game walkthrough, I was hoping you could clear up and confirm a few outstanding questions we had. Firstly, as e-cigarettes are now legal, we would like to offer this as an alternative. Can you help us to better understand any potential conflicts this might have? We would also be interested in any potential contacts you might have regarding a partnership or retail opportunity within the stadium, for both e-cigarettes as well as Nicorette (I believe that was the brand you had mentioned). Any information or guidance you can offer would be greatly appreciated. Also, we appreciated your ability to have staff attend our internal training session, and wanted to determine if you feel there would be any additional value in having your staff attend future trainings our contractors provide to their staff. If so, we would be happy to facilitate this request. Lastly, Id like to reiterate that you and your staff have a standing invitation to observe any of our future games. If you can give us a best guess as to any other events you might be interested in attending, I can have my assistant coordinate passes and parking. Susan8_19_2011

Page 2 Susan Darrington VP, Facility Operations and Services Qwest Field | Qwest Field Event Center | WaMu Theater Phone 206-381-7576 Fax 206-381-7557This e-mail transmission and any attachments that accompany it may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately reply to the author via e-mail that you received this message by mistake and also permanently delete the original and all copies of this e-mail and any attachments from your computer. Thank you.

From: "Seattle Seahawks" To: "Lawrence, Chris" Date: Subject: Help Keep Qwest Field Smoke-Free

qwest field no smoking Qwest Field is a smoke-free environment. In accordance with Washington State law (RCW 70.160), smoking is prohibited on Qwest Field grounds including open air areas of the concourses, ramps, upper deck and north plaza. We ask that you reiterate the smoking policy and the Fan Code of Conduct with your guests so that all fans may have the great Seahawks experiences so many have come to enjoy. As a season ticket holder, you are responsible for your actions as well as the actions of your guests. Fans that do not follow state law are subject to ejection and loss of season tickets. Thank you for not smoking. smoke free washington

Thank you for being a valued Seattle Seahawks Season Ticket Holder! To unsubscribe or update your email preferences, please click here. Questions or comments? Email [email protected]. Seattle Seahawks, 12 Seahawks Way, Renton, WA 98056

8_19_2011

Page 1

From: "Neal, Scott" To: "Hamilton, Joy" "Ross-Viles, Sarah" Date: 9/10/2010 2:22:35 PM Subject: RE: FDA and e-cigs Yep was reading about this early this morning. The FDA also has a number of new webpages with info on ecigs http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm173401.htm Scott >_____________________________________________ >From: Hamilton, Joy >Sent: Friday, September 10, 2010 10:37 AM >To: Neal, Scott; Ross-Viles, Sarah >Cc: Pearson, Anne >Subject: FDA and e-cigs > >From today's news: > >http://www.boston.com/news/nation/articles/2010/09/10/fda_sends_e_cigarette_companies_a_warning?mode=PF > > >Joy

8_19_2011

Page 1

From: To: Date: Subject:Yes finally! :)

"Neal, Scott" "Bibus, David" 9/10/2010 7:52:07 PM Re: Qwest Field - Post Game Smoking Report

From: Bibus, David To: Neal, Scott Sent: Fri Sep 10 16:51:28 2010 Subject: RE: Qwest Field - Post Game Smoking Report Thanks Scott, sounds like progress. David

From: Neal, Scott Sent: Friday, September 10, 2010 4:42 PM To: 'Darrington, Susan'; Johnson, Gareth Cc: Huus, Kathie; Kawasaki-Romero, Ann (PSA / Stadium) [FGI BC]; Fetterhoff, Ashleigh; Allis, Donna; Bibus, David Subject: RE: Qwest Field - Post Game Smoking Report Hi Susan, As you may know, Gary is out on vacation for a couple more weeks so I thought I'd respond to your email in the mean time. Thank you for sending the post game report and we look forward to receiving the future reports the week following each game. This really helps us see how your are focusing on enforcement. I also wanted to address a couple of your questions below... Electronic Cigarettes: Your question about electronic cigarettes is a good and timely question. You are correct in that current law and local BOH code do not prohibit the "smoking" of e-cigarettes in public places or places of employment. However these products function essentially the same as regular cigarettes and appear to onlookers (or your enforcement teams) to be regular cigarettes until a very close inspection. Given the challenges you already face with monitoring and ensuring smoking is prohibited throughout the stadium grounds I believe it would make the most sense to include e-cigarettes in your prohibition along with regular cigarettes. Prohibiting e-cigs and regular cigarettes sends a clear and simple message that is easier to provide to your fans and simplifies enforcement around this issue for your enforcement staff. If e-cigs are allowed at Qwest Field, your enforcement teams will be seen approaching e-cig "smokers" and other fans and regular cigarette smokers will see this interaction and likley think that "smoking" still is allowed. It may be easier to have the very few conversations with potential e-cigarette users about how they are included as "smoking" rather than run the risk of major confusion among large amounts of non-smoking fans and regular cigarette smokers. In addition to the challenges around enforcement, you may be interested in the e-cigarette product itself. Long story short, these products are not proven to be less dangerous than regular cigarettes and are not proven to help people quit. The FDA believes these products fall under the Federal Food, Drug, and Cosmetic Act and should have to go through the FDA's approval process before being available on the market and they have been examing and detaining shipments of ecigarettes at the boarder. They have found harmful chemcials and carcinogens in this product during their own testing. The agency has been challenged regarding its jurisdiction over certain e-cigarettes and a case is currently pending in federal district court. Here is a link for more specific information about what e-cigarettes are and what the FDA is doing about them. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm225224.htm

Nicotine Replacement Therapy (patches/nicorette) We do have connections to GSK as we purchase patches for many of our partnering clinics throughout King County. I will give our contact at GSK a call and see if they have ideas about how they might be able to help promote a cessation booth or something that might help support cessation during the games. I will be in touch soon on this front. 8_19_2011

Page 2

Inspections: Regarding inspections during games, we do have one inspector scheduled to show up at this Sunday's game and like in the past he will show his badge at the VIP entrances and explain what he is there to do. That has always worked to get him inside the gates for our inspections. He will do a thorough walk through and we will report back to you what was observed. Thanks again for sending the post game report and for your continued dillegence on this issue. We have seen marked improvement so far and look forward to really seeing the norms change!

Scott NealTobacco Prevention Program Manager Public Health - Seattle & King County 401 Fifth Avenue, Suite 900 Seattle, WA 98104 Phone: 206-263-8197 Fax: 206-296-0177 Email: [email protected]

From: Darrington, Susan [mailto:[email protected]] Sent: Wednesday, September 08, 2010 3:35 PM To: Johnson, Gareth Cc: Neal, Scott; Huus, Kathie; Kawasaki-Romero, Ann (PSA / Stadium) [FGI BC]; Fetterhoff, Ashleigh Subject: Qwest Field - Post Game Smoking Report

Gary, Per our conversation last week, please find the attached post game smoking report. We have included the figures for the last two games, as well as a brief outline of the various means we are using to communicate our policy. For all subsequent games, you should expect to receive an updated spreadsheet from my assistant Ashleigh within 5-8 days of a Sunday game. Regarding our conversation about e-cigarettes and nicotine alternatives during the Sounders game walkthrough, I was hoping you could clear up and confirm a few outstanding questions we had. Firstly, as e-cigarettes are now legal, we would like to offer this as an alternative. Can you help us to better understand any potential conflicts this might have? We would also be interested in any potential contacts you might have regarding a partnership or retail opportunity within the stadium, for both e-cigarettes as well as Nicorette (I believe that was the brand you had mentioned). Any information or guidance you can offer would be greatly appreciated. Also, we appreciated your ability to have staff attend our internal training session, and wanted to determine if you feel there would be any additional value in having your staff attend future trainings our contractors provide to their staff. If so, we would be happy to facilitate this request. Lastly, Id like to reiterate that you and your staff have a standing invitation to observe any of our future games. If you can give us a best guess as to any other events you might be interested in attending, I can have my assistant coordinate passes and parking. Susan8_19_2011

Page 3 Susan Darrington VP, Facility Operations and Services Qwest Field | Qwest Field Event Center | WaMu Theater Phone 206-381-7576 Fax 206-381-7557This e-mail transmission and any attachments that accompany it may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately reply to the author via e-mail that you received this message by mistake and also permanently delete the original and all copies of this e-mail and any attachments from your computer. Thank you.

8_19_2011

Page 1

From: To: Date: Subject:Thanks Scott, sounds like progress. David

"Bibus, David" "Neal, Scott" 9/10/2010 7:51:28 PM RE: Qwest Field - Post Game Smoking Report

From: Neal, Scott Sent: Friday, September 10, 2010 4:42 PM To: 'Darrington, Susan'; Johnson, Gareth Cc: Huus, Kathie; Kawasaki-Romero, Ann (PSA / Stadium) [FGI BC]; Fetterhoff, Ashleigh; Allis, Donna; Bibus, David Subject: RE: Qwest Field - Post Game Smoking Report Hi Susan, As you may know, Gary is out on vacation for a couple more weeks so I thought I'd respond to your email in the mean time. Thank you for sending the post game report and we look forward to receiving the future reports the week following each game. This really helps us see how your are focusing on enforcement. I also wanted to address a couple of your questions below... Electronic Cigarettes: Your question about electronic cigarettes is a good and timely question. You are correct in that current law and local BOH code do not prohibit the "smoking" of e-cigarettes in public places or places of employment. However these products function essentially the same as regular cigarettes and appear to onlookers (or your enforcement teams) to be regular cigarettes until a very close inspection. Given the challenges you already face with monitoring and ensuring smoking is prohibited throughout the stadium grounds I believe it would make the most sense to include e-cigarettes in your prohibition along with regular cigarettes. Prohibiting e-cigs and regular cigarettes sends a clear and simple message that is easier to provide to your fans and simplifies enforcement around this issue for your enforcement staff. If e-cigs are allowed at Qwest Field, your enforcement teams will be seen approaching e-cig "smokers" and other fans and regular cigarette smokers will see this interaction and likley think that "smoking" still is allowed. It may be easier to have the very few conversations with potential e-cigarette users about how they are included as "smoking" rather than run the risk of major confusion among large amounts of non-smoking fans and regular cigarette smokers. In addition to the challenges around enforcement, you may be interested in the e-cigarette product itself. Long story short, these products are not proven to be less dangerous than regular cigarettes and are not proven to help people quit. The FDA believes these products fall under the Federal Food, Drug, and Cosmetic Act and should have to go through the FDA's approval process before being available on the market and they have been examing and detaining shipments of ecigarettes at the boarder. They have found harmful chemcials and carcinogens in this product during their own testing. The agency has been challenged regarding its jurisdiction over certain e-cigarettes and a case is currently pending in federal district court. Here is a link for more specific information about what e-cigarettes are and what the FDA is doing about them. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm225224.htm

Nicotine Replacement Therapy (patches/nicorette) We do have connections to GSK as we purchase patches for many of our partnering clinics throughout King County. I will give our contact at GSK a call and see if they have ideas about how they might be able to help promote a cessation booth or something that might help support cessation during the games. I will be in touch soon on this front.

Inspections: Regarding inspections during games, we do have one inspector scheduled to show up at this Sunday's game and like in the past he will show his badge at the VIP entrances and explain what he is there to do. That has always worked to get him inside the gates for our inspections. He will do a thorough walk through and we will report back to you what was observed. 8_19_2011

Page 2 Thanks again for sending the post game report and for your continued dillegence on this issue. We have seen marked improvement so far and look forward to really seeing the norms change!

Scott NealTobacco Prevention Program Manager Public Health - Seattle & King County 401 Fifth Avenue, Suite 900 Seattle, WA 98104 Phone: 206-263-8197 Fax: 206-296-0177 Email: [email protected]


Gary, Per our conversation last week, please find the attached post game smoking report. We have included the figures for the last two games, as well as a brief outline of the various means we are using to communicate our policy. For all subsequent games, you should expect to receive an updated spreadsheet from my assistant Ashleigh within 5-8 days of a Sunday game. Regarding our conversation about e-cigarettes and nicotine alternatives during the Sounders game walkthrough, I was hoping you could clear up and confirm a few outstanding questions we had. Firstly, as e-cigarettes are now legal, we would like to offer this as an alternative. Can you help us to better understand any potential conflicts this might have? We would also be interested in any potential contacts you might have regarding a partnership or retail opportunity within the stadium, for both e-cigarettes as well as Nicorette (I believe that was the brand you had mentioned). Any information or guidance you can offer would be greatly appreciated. Also, we appreciated your ability to have staff attend our internal training session, and wanted to determine if you feel there would be any additional value in having your staff attend future trainings our contractors provide to their staff. If so, we would be happy to facilitate this request. Lastly, Id like to reiterate that you and your staff have a standing invitation to observe any of our future games. If you can give us a best guess as to any other events you might be interested in attending, I can have my assistant coordinate passes and parking. SusanSusan Darrington VP, Facility Operations and Services Qwest Field | Qwest Field Event Center | WaMu Theater Phone 206-381-7576 Fax 206-381-7557This e-mail transmission and any attachments that accompany it may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail by mistake, or you are

8_19_2011

Page 3not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately reply to the author via e-mail that you received this message by mistake and also permanently delete the original and all copies of this e-mail and any attachments from your computer. Thank you.

8_19_2011

Page 1

From: "Neal, Scott" To: "Darrington, Susan" "Johnson, Gareth" Date: 9/10/2010 7:41:49 PM Subject: RE: Qwest Field - Post Game Smoking ReportHi Susan, As you may know, Gary is out on vacation for a couple more weeks so I thought I'd respond to your email in the mean time. Thank you for sending the post game report and we look forward to receiving the future reports the week following each game. This really helps us see how your are focusing on enforcement. I also wanted to address a couple of your questions below... Electronic Cigarettes: Your question about electronic cigarettes is a good and timely question. You are correct in that current law and local BOH code do not prohibit the "smoking" of e-cigarettes in public places or places of employment. However these products function essentially the same as regular cigarettes and appear to onlookers (or your enforcement teams) to be regular cigarettes until a very close inspection. Given the challenges you already face with monitoring and ensuring smoking is prohibited throughout the stadium grounds I believe it would make the most sense to include e-cigarettes in your prohibition along with regular cigarettes. Prohibiting e-cigs and regular cigarettes sends a clear and simple message that is easier to provide to your fans and simplifies enforcement around this issue for your enforcement staff. If e-cigs are allowed at Qwest Field, your enforcement teams will be seen approaching e-cig "smokers" and other fans and regular cigarette smokers will see this interaction and likley think that "smoking" still is allowed. It may be easier to have the very few conversations with potential e-cigarette users about how they are included as "smoking" rather than run the risk of major confusion among large amounts of non-smoking fans and regular cigarette smokers. In addition to the challenges around enforcement, you may be interested in the e-cigarette product itself. Long story short, these products are not proven to be less dangerous than regular cigarettes and are not proven to help people quit. The FDA believes these products fall under the Federal Food, Drug, and Cosmetic Act and should have to go through the FDA's approval process before being available on the market and they have been examing and detaining shipments of ecigarettes at the boarder. They have found harmful chemcials and carcinogens in this product during their own testing. The agency has been challenged regarding its jurisdiction over certain e-cigarettes and a case is currently pending in federal district court. Here is a link for more specific information about what e-cigarettes are and what the FDA is doing about them. http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm225224.htm

Nicotine Replacement Therapy (patches/nicorette) We do have connections to GSK as we purchase patches for many of our partnering clinics throughout King County. I will give our contact at GSK a call and see if they have ideas about how they might be able to help promote a cessation booth or something that might help support cessation during the games. I will be in touch soon on this front.

Inspections: Regarding inspections during games, we do have one inspector scheduled to show up at this Sunday's game and like in the past he will show his badge at the VIP entrances and explain what he is there to do. That has always worked to get him inside the gates for our inspections. He will do a thorough walk through and we will report back to you what was observed. Thanks again for sending the post game report and for your continued dillegence on this issue. We have seen marked improvement so far and look forward to really seeing the norms change!

Scott NealTobacco Prevention Program Manager Public Health - Seattle & King County 401 Fifth Avenue, Suite 900 8_19_2011

Page 2 Seattle, WA 98104 Phone: 206-263-8197 Fax: 206-296-0177 Email: [email protected]


Gary, Per our conversation last week, please find the attached post game smoking report. We have included the figures for the last two games, as well as a brief outline of the various means we are using to communicate our policy. For all subsequent games, you should expect to receive an updated spreadsheet from my assistant Ashleigh within 5-8 days of a Sunday game. Regarding our conversation about e-cigarettes and nicotine alternatives during the Sounders game walkthrough, I was hoping you could clear up and confirm a few outstanding questions we had. Firstly, as e-cigarettes are now legal, we would like to offer this as an alternative. Can you help us to better understand any potential conflicts this might have? We would also be interested in any potential contacts you might have regarding a partnership or retail opportunity within the stadium, for both e-cigarettes as well as Nicorette (I believe that was the brand you had mentioned). Any information or guidance you can offer would be greatly appreciated. Also, we appreciated your ability to have staff attend our internal training session, and wanted to determine if you feel there would be any additional value in having your staff attend future trainings our contractors provide to their staff. If so, we would be happy to facilitate this request. Lastly, Id like to reiterate that you and your staff have a standing invitation to observe any of our future games. If you can give us a best guess as to any other events you might be interested in attending, I can have my assistant coordinate passes and parking. SusanSusan Darrington VP, Facility Operations and Services Qwest Field | Qwest Field Event Center | WaMu Theater Phone 206-381-7576 Fax 206-381-7557This e-mail transmission and any attachments that accompany it may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this e-mail by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately reply to the author via e-mail that you received this message by mistake and also permanently delete the original and all copies of this e-mail and any attachments from your computer. Thank you.

8_19_2011

Page 1


"Coppage, William $CDC/ONDIEH/NCCDPHP$ $CTR$" undisclosed-recipients 9/13/2010 1:23:11 PM State Tobacco Activities Tracking and Evaluation (STATE) System Interactive Maps

cid:[email protected]

State Tobacco Activities Tracking and Evaluation (STATE) System Dear Tobacco Control Programs and Partners: The State Tobacco Activities Tracking and Evaluation (STATE) System is an electronic data warehouse containing up-to-date and historical state-level data on tobacco use prevention and control. The STATE System is available on the Internet at the following address: http://www.cdc.gov/tobacco/STATESystem. The System has been updated to include new interactive tobacco prevention and control maps. The following five new interactive maps are now available online: 1. A United States map featuring adult current cigarette use prevalence estimates from the Behavioral Risk Factor Surveillance System (BRFSS) displaying data from 1995-2009 for all available US states and the District of Columbia. 2. A United States map featuring youth current cigarette use prevalence estimates from the Youth Risk Behavior Surveillance System (YRBSS) displaying data for odd years from 1995-2009 for all available US states and the District of Columbia. 3. A United States map featuring excise tax rates on packs of cigarettes from the Office on Smoking and Health STATE System Legislative Database displaying data from 1995-2010 for all 50 states and the District of Columbia. 4. A United States map featuring state laws on preemption of smokefree indoor air, youth access, and advertising from the Office on Smoking and Health STATE System Legislative Database displaying data from 1995-2010 for all 50 states and the District of Columbia. 5. A United States map featuring state laws on smokefree indoor air for private worksites, restaurants, and bars from the Office on Smoking and Health STATE System Legislative Database displaying data from 19952010 for all 50 states and the District of Columbia. Please visit the STATE System at the following link: http://www.cdc.gov/tobacco/STATESystem Thank you, CDC/Office on Smoking and Health

8_19_2011

Page 1

From: To: Date: Subject:Hi Pam,

"Neal, Scott" "Pam Wessel-Estes" 9/15/2010 3:50:20 PM RE: Regional/Lg county policy considerations

Thanks for getting back with me on this. I am running to another BOH Tobacco Policy Committee meeting at 1pm so I'll try to be as detailed as I can. Also of note is that we are trying to keep these details under the radar right now because we don't want any publicity on what we are doing specifically until the time comes to reveal the plan. Essentially we are being purposefully vague around phase 2 so that the media doesn't run with another "nanny state" type of story that could damage our chances of success both locally and also statewide. Phase 2 will be focused on all three of the following issues: 1. Point of sale signage: Policy requiring all tobacco retailers to post a sign that shows a graphic health warning (picture) about tobacco use and also include the Quitline number. Details still need to be worked out about size and placement requirements. 2. Electronic Cigarettes: Policy prohibiting the sale of e-cigs. We would craft language that specifically prohibits the sale of these products, but could leave the door open to some similar "FDA approved" type of product if one ever becomes available and approved by FDA. 3. Flavored Other Tobacco Products: Policy prohibiting (or restricting) the sale of these types of products. This one is much more difficult to craft language around since determining what is "flavored" and what isn't can be difficult. We recognize this policy area may also be potentially preempted by state law or at least in an area that is more gray than black or white on that issue. First thoughts on this may be to focus on the sale from Distributor to Retailer since we do not believe we are preempted (or at least likely aren't) at that level of the supply chain. Again, these will all be more flushed out in the coming weeks/months, but ALL are being moved forward and developed by our BOH Tobacco Policy Committee for a vote in the December 2010 BOH meeting. I'm happy to discuss more details over the phone as to how this might work toward overall statewide legislative strategy too. Thanks again for your support and willingness to see if this is something your county might want to join in on. The more counties moving these policies forward, the better. Unfortunately we are obviously facing a very tight timeline too, which I recognize may be a barrier. Thanks Scott

From: Pam Wessel-Estes [mailto:[email protected]] Sent: Wednesday, September 15, 2010 10:27 AM To: Neal, Scott Subject: Regional/Lg county policy considerations

Hi Scott I have Dr. Goldbaums attention on this and have a meeting scheduled next week to brief him. He wants to know specifically what policies are being considered for phase II and the outcome of the meeting this week. Thanks for sending along updates and the draft documents as they are developed. I will give you a call by Weds if I need additional info prior to meeting with him. Best, ~PPam Wessel-Estes, MAProgram Manager Tobacco Prevention & Control | Chronic Disease Prevention

8_19_2011

Page 2Snohomish Health District | 3020 Rucker Ave. Ste 206 | Everett, WA 98201 P: 425.339.8703 | F: 425.339.8726 | www.snohd.org

Public Health... Always working for a safer and healthier Snohomish CountyThe starting point for a better world is the belief that it is possible.-Norman Cousins

8_19_2011

Page 1


"Pam Wessel-Estes" "Neal, Scott" 9/15/2010 5:09:25 PM RE: Regional/Lg county policy considerations

Thanks, Scott. That is very helpful. ~PPam Wessel-Estes, MAProgram Manager Tobacco Prevention & Control | Chronic Disease Prevention Snohomish Health District | 3020 Rucker Ave. Ste 206 | Everett, WA 98201 P: 425.339.8703 | F: 425.339.8726 | www.snohd.org


From: Neal, Scott [mailto:[email protected]] Sent: Wednesday, September 15, 2010 12:50 PM To: Pam Wessel-Estes Cc: Hamilton, Joy; Ross-Viles, Sarah Subject: RE: Regional/Lg county policy considerations Hi Pam, Thanks for getting back with me on this. I am running to another BOH Tobacco Policy Committee meeting at 1pm so I'll try to be as detailed as I can. Also of note is that we are trying to keep these details under the radar right now because we don't want any publicity on what we are doing specifically until the time comes to reveal the plan. Essentially we are being purposefully vague around phase 2 so that the media doesn't run with another "nanny state" type of story that could damage our chances of success both locally and also statewide. Phase 2 will be focused on all three of the following issues: 1. Point of sale signage: Policy requiring all tobacco retailers to post a sign that shows a graphic health warning (picture) about tobacco use and also include the Quitline number. Details still need to be worked out about size and placement requirements. 2. Electronic Cigarettes: Policy prohibiting the sale of e-cigs. We would craft language that specifically prohibits the sale of these products, but could leave the door open to some similar "FDA approved" type of product if one ever becomes available and approved by FDA. 3. Flavored Other Tobacco Products: Policy prohibiting (or restricting) the sale of these types of products. This one is much more difficult to craft language around since determining what is "flavored" and what isn't can be difficult. We recognize this policy area may also be potentially preempted by state law or at least in an area that is more gray than black or white on that issue. First thoughts on this may be to focus on the sale from Distributor to Retailer since we do not believe we are preempted (or at least likely aren't) at that level of the supply chain. Again, these will all be more flushed out in the coming weeks/months, but ALL are being moved forward and developed by our BOH Tobacco Policy Committee for a vote in the December 2010 BOH meeting. I'm happy to discuss more details over the phone as to how this might work toward overall statewide legislative strategy too. Thanks again for your support and willingness to see if this is something your county might want to join in on. The more counties moving these policies forward, the better. Unfortunately we are obviously facing a very tight timeline too, which I recognize may be a barrier. Thanks Scott 8_19_2011

Page 2

From: Pam Wessel-Estes [mailto:[email protected]] Sent: Wednesday, September 15, 2010 10:27 AM To: Neal, Scott Subject: Regional/Lg county policy considerations

Hi Scott I have Dr. Goldbaums attention on this and have a meeting scheduled next week to brief him. He wants to know specifically what policies are being considered for phase II and the outcome of the meeting this week. Thanks for sending along updates and the draft documents as they are developed. I will give you a call by Weds if I need additional info prior to meeting with him. Best, ~PPam Wessel-Estes, MAProgram Manager Tobacco Prevention & Control | Chronic Disease Prevention Snohomish Health District | 3020 Rucker Ave. Ste 206 | Everett, WA 98201 P: 425.339.8703 | F: 425.339.8726 | www.snohd.org


8_19_2011

Page 1

From: To: Date: Subject:everybody wants to know!

"Zemann, Paul" "Neal, Scott" 9/20/2010 1:21:23 PM RE: AOL E-Cigarette Article

From: Neal, Scott Sent: Monday, September 20, 2010 10:12 AM To: Bennett, John; Brawley, Karen; de la Pena, Norilyn; Greto, Lindsey; Hamilton, Joy; Hatzenbuehler, Eric; Holt, Lauren; Leon-Guerrero, Michael; Moreno, Emma; Pajimula, Fel; Ronneberg, Brett; Ross-Viles, Sarah; Ryan, Molly; Sherard, Mark; Song, Ashley; Zemann, Paul Cc: Allis, Donna; Krieger, James; Pearson, Anne Subject: FW: AOL E-Cigarette Article Interesting E-Cigs article

From: Limtiaco, Frances (DOH) [mailto:[email protected]] Sent: Monday, September 20, 2010 10:07 AM To: Allison Cox; Amy Ward-Benton Franklin; Annie Peterson; Ronneberg, Brett; Bruce Rytkonen; [email protected]; [email protected]; Dawn Jacobs; de la Pena, Norilyn; Deb Drandoff; Edie Borgman; Pajimula, Fel; Frank DiBiase; George Hermosillo; Hanna Zarellijackson; Joanie Christian; Bennett, John; [email protected]; Julie Scholer; Karen Palmer; Kate Brueske; Keri Moore; Krista Panerio; [email protected]; Sherard, Mark; Mary Small; [email protected]; Leon-Guerrero, Michael; [email protected]; Pat Calcote; Zemann, Paul; Samantha Yeun; Ross-Viles, Sarah; Neal, Scott; Sheryl Taylor; Susan Wellhausen; [email protected]; [email protected]; [email protected]; Zilar, Christopher; Alice Buckles; Angela Rios; Dianne Mellon; Ladonna Boyd; Pam Phillips; Roxanne Michel; Terry Evans; Zekkethal VargasThomas Subject: AOL E-Cigarette Article

FYI. http://www.aolnews.com/health/article/your-kids-buy-e-cigs-do-you-know-whats-in-them/19633977? icid=main%7Cmain%7Cdl1%7Csec1_lnk3%7C171258 First in AOL series on e-cigarettes.

Frances Limtiaco, MPH Community Contracts Manager Washington State Department of Health Tobacco Prevention and Control Program Physical Address: 111 Israel Road SE P.O. Box 47848 Olympia, WA 98504-7848 Phone: (360) 236-3771; Cell: (360) 790-8727 Fax: (360) 236-36468_19_2011

Page 2

[email protected] website: www.doh.wa.gov/tobacco Public Health -- always working for a safer and healthier Washington

8_19_2011

Page 1

From: "Neal, Scott" To: "Bennett, John" "Brawley, Karen" "de la Pena, Norilyn" "Greto, Lindsey" "Hamilton, Joy" "Hatzenbuehler, Eric" "Holt, Lauren" "Leon-Guerrero, Michael" "Moreno, Emma" "Pajimula, Fel" "Ronneberg, Brett" "Ross-Viles, Sarah" "Ryan, Molly" "Sherard, Mark" "Song, Ashley" "Zemann, Paul" Date: 9/20/2010 1:11:59 PM Subject: FW: AOL E-Cigarette ArticleInteresting E-Cigs article

From: Limtiaco, Frances (DOH) [mailto:[email protected]] Sent: Monday, September 20, 2010 10:07 AM To: Allison Cox; Amy Ward-Benton Franklin; Annie Peterson; Ronneberg, Brett; Bruce Rytkonen; [email protected]; [email protected]; Dawn Jacobs; de la Pena, Norilyn; Deb Drandoff; Edie Borgman; Pajimula, Fel; Frank DiBiase; George Hermosillo; Hanna Zarellijackson; Joanie Christian; Bennett, John; [email protected]; Julie Scholer; Karen Palmer; Kate Brueske; Keri Moore; Krista Panerio; [email protected]; Sherard, Mark; Mary Small; [email protected]; Leon-Guerrero, Michael; [email protected]; Pat Calcote; Zemann, Paul; Samantha Yeun; Ross-Viles, Sarah; Neal, Scott; Sheryl Taylor; Susan Wellhausen; [email protected]; [email protected]; [email protected]; Zilar, Christopher; Alice Buckles; Angela Rios; Dianne Mellon; Ladonna Boyd; Pam Phillips; Roxanne Michel; Terry Evans; Zekkethal VargasThomas Subject: AOL E-Cigarette Article

FYI. http://www.aolnews.com/health/article/your-kids-buy-e-cigs-do-you-know-whats-in-them/19633977? icid=main%7Cmain%7Cdl1%7Csec1_lnk3%7C171258 First in AOL series on e-cigarettes.

Frances Limtiaco, MPH Community Contracts Manager Washington State Department of Health Tobacco Prevention and Control Program Physical Address: 111 Israel Road SE8_19_2011

Page 2

P.O. Box 47848 Olympia, WA 98504-7848 Phone: (360) 236-3771; Cell: (360) 790-8727 Fax: (360) 236-3646 [email protected] website: www.doh.wa.gov/tobacco Public Health -- always working for a safer and healthier Washington

8_19_2011

Page 1

From: "Limtiaco, Frances $DOH$" To: "Allison Cox" "Amy Ward-Benton Franklin" "Annie Peterson" "Ronneberg, Brett" "Bruce Rytkonen" [email protected] [email protected] "Dawn Jacobs" "de la Pena, Norilyn" "Deb Drandoff" "Edie Borgman" "Pajimula, Fel" "Frank DiBiase" "George Hermosillo" "Hanna Zarellijackson" "Joanie Christian" "Bennett, John" [email protected] "Julie Scholer" "Karen Palmer" "Kate Brueske" "Keri Moore" "Krista Panerio" [email protected] "Sherard, Mark" "Mary Small" [email protected] "Leon-Guerrero, Michael" [email protected] "Pat Calcote" "Zemann, Paul" "Samantha Yeun" "Ross-Viles, Sarah" "Neal, Scott" "Sheryl Taylor" "Susan Wellhausen" [email protected] [email protected] [email protected] "Zilar, Christopher" "Alice Buckles" "Angela Rios" "Dianne Mellon" "Ladonna Boyd" "Pam Phillips" "Roxanne Michel" "Terry Evans" "Zekkethal Vargas-Thomas" 8_19_2011

Page 2

Date: 9/20/2010 1:07:37 PM Subject: AOL E-Cigarette Article FYI. http://www.aolnews.com/health/article/your-kids-buy-e-cigs-do-you-know-whats-in-them/19633977? icid=main%7Cmain%7Cdl1%7Csec1_lnk3%7C171258 First in AOL series on e-cigarettes.

Frances Limtiaco, MPH Community Contracts Manager Washington State Department of Health Tobacco Prevention and Control Program Physical Address: 111 Israel Road SE P.O. Box 47848 Olympia, WA 98504-7848 Phone: (360) 236-3771; Cell: (360) 790-8727 Fax: (360) 236-3646 [email protected] website: www.doh.wa.gov/tobacco Public Health -- always working for a safer and healthier Washington

8_19_2011

Page 1

From: "Neal, Scott" To: "Ross-Viles, Sarah" "Hamilton, Joy" Date: 9/20/2010 10:51:18 AM Subject: Re: E-Cigs Banned on US FlightsIf true very good!

From: Ross-Viles, Sarah To: Neal, Scott; Hamilton, Joy Sent: Mon Sep 20 07:45:26 2010 Subject: FW: E-Cigs Banned on US Flights This article doesn't seem to be the best-cited thing in the world (all the US airlines - together? at once?). But a good move if it's true.

Sarah Ross-Viles CPPW Tobacco Project Manager Public Health - Seattle & King County Suite 900 401 5th Avenue Seattle, WA 98102 (206) 263-8211

From: Prof.John Banzhaf [mailto:[email protected]] Sent: Monday, September 20, 2010 4:37 AM To: [email protected] Subject: E-Cigs Banned on US Flights

General Messages by Prof. John BanzhafGo to other forums | Rate this article | Reply to author | Reply to all

I'm very happy to be able to post the following information.

E-Cigarettes Banned on Domestic Flights Passengers Protected From Toxins, Carcinogens Despite frequent claims by e-cigarette [e-cig] sellers that their product can be used to self administer nicotine on airplanes where smoking is prohibited, all U.S. domestic airlines ban the use of these untested products which the Food and Drug Administration [FDA] has declared are illegal, reports public interest law professor John Banzhaf, Executive Director of Action on Smoking and Health (ASH), who led the campaign to ban their use in flight. http://www.aolnews.com/health/article/despite-ad-claims-you-... E-cigs give off a vapor which is a mixture of nicotine (a deadly and addictive drug which can contribute to fatal heart attacks), propylene glycol (a respiratory irritant used in antifreeze and known to cause respiratory tract infections), and other substances the FDA has labeled "carcinogenic" and "toxic." It8_19_2011

Page 2

appears t hat these same substances are then also exhaled where those around the user -- including the elderly, those with special sensitivities, as well as infants and toddlers -- are also forced to inhale them. Previously the FDA had warned that: e-cigs pose acute health risks which cannot seriously be questioned because they contain toxic chemicals. It also said that: * e-cigarette users suffer from a wide variety of potentially serious symptoms including racing pulse, dizziness, slurred speech, mouth ulcers, heartburn, coughing, diarrhea, and sore throat * nicotine [one of the two major chemicals used in the product] in high doses can be dangerous and even fatal * the toxic chemical diethylene glycol was found in the e-cigarettes which were tested * various mutagenic, carcinogenic, and genotoxic chemicals were also present in the products * the cartridges con taining the nicotine and other toxic chemicals, many of which come from China, are subject to none of the manufacturing controls required for FDA-approved nicotine-delivery products [like nicotine gum, patches, inhalers, sprays, etc.]. Subsequent to the FDA's warning, independent scientists have warned about additional potential dangers to users of e-cigs: www.newsrx.com/press-releases/11551.html The Air Force, and the Marine base at Quantico, have joined other jurisdictions in banning the use of e-cigarettes [e-cigs] at least in the workplace, citing the potential health dangers to users from toxic chemicals as set forth in a memo by the Air Force Surgeon General. He also noted a concern originally expressed by ASH that these "illegal" devices can also be used to surreptitiously administer drugs other than nicotine. ASH had previously reported ads for e-cigs which administer Cialis and "potent" marijuana. www.cigarettesreviews.com/fda-may-ban-marijuana-ecigarettes As the Surgeon General's memo warned: "Commanders also need to be aware that the cartridges used in these devices are replaceable and could be used to discreetly deliver substances other than nicotine." New Jersey and Suffolk County, NY, have banned the use of e-cigs wherever smoking is prohibiting, and New York as well as several other states are considering similar bans. Many countries have also banned or severely restricted the sale of the product outright, as have several states. Banzhaf, who first forced airlines to provide no-smoking sections, and ultimately to ban smoking entirely, said that the health advantages these bans brought should not be subverted by an untested product which forced persons in the vicinity of the user to inhale nicotine, propylene glycol, and a host of other toxic, mutagenic, and genotoxic substances, and thereby serve as guinea pig s to see how serious the adverse health effects are. PROFESSOR JOHN F. BANZHAF III Professor of Public Interest Law at GWU, FAMRI Dr. William Cahan Distinguished Professor, FELLOW, World Technology Network, and Executive Director and Chief Counsel Action on Smoking and Health (ASH) Americas First Antismoking Organization 2013 H Street, NW Washington, DC 20006, USA (202) 659-4310 // (703) 527-8418 Internet: http://ash.org/8_19_2011

Page 3

Twitter: http://twitter.com/AshOrgContact GLK | Netiquette | Report abuse | UnsubscribeProf. John Banzhaf has declared no competing interest. If you are new to GLOBALink, please make yourself familiar with GLOBALink Netiquette before posting. Please keep in mind that there is no place for engaging in hate speech on GLOBALink forums. GLOBALink membership is subject to suspension and expulsion if rules are violated.

scott neal e-cigarette e-mails (foia request to king county health department)

Documents