Sponsored by:

Assemblyman LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Co-Sponsored by:

Assemblywoman Lampitt

SYNOPSIS

Urges federal government to regulate electronic smoking devices.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

A Concurrent Resolution urging the federal government to regulate electronic smoking devices.

Whereas, Electronic smoking devices are products designed to deliver nicotine or other substances to a user in the form of a vapor and are often manufactured to resemble cigarettes, cigars, and pipes; and

Whereas, The cartridges used in electronic smoking devices are often made to taste like fruit, mint, chocolate, or other flavors that may make them particularly attractive to minors; and

Whereas, According to the Centers for Disease Control and Prevention, some electronic smoking device cartridges have been found to contain potentially harmful substances, including irritants, genotoxins, and animal carcinogens; and

Whereas, The health implications of electronic smoking devices have not been evaluated and data are limited on how they may impact the health of both users and third parties. Further, claims that they may be used as a smoking cessation aid have not been substantiated; and

Whereas, Although the U.S. Food and Drug Administration has not evaluated any electronic smoking devices for safety or effectiveness, a limited study conducted by the agency identified significant quality control issues with the devices, including a large variation in the quantity of nicotine delivered in each puff and the presence of nicotine in products identified as containing no nicotine; and

Whereas, Data released by the Centers for Disease Control and Prevention (CDC) indicate that use of electronic smoking devices increased nationwide and doubled among middle and high school students during 2011-2012, resulting in an estimated 1.78 million students having ever used an electronic smoking device. The data further indicate that use of the devices by students has been associated with increased use of conventional tobacco products; and

Whereas, The CDC data suggest that electronic smoking devices may serve as an "entry point" to use of conventional tobacco products by young people, particularly middle school students, which could potentially undermine ongoing smoking prevention measures in New Jersey, including the Smoke-Free Air Act initiative and programs to educate young people about the dangers of tobacco use; and

Whereas, With the passage of P.L.2009, c.182, New Jersey became the first state in the nation to ban the use of electronic smoking devices in public places and workplaces, and to ban sale of the devices to minors; and

Whereas, The Department of Transportation has indicated that the use of electronic smoking devices is prohibited on aircraft under current regulations and has additionally proposed enacting an explicit ban on the devices. Further, Amtrak has prohibited use of electronic smoking devices on trains and in other nonsmoking areas, the Air Force Surgeon General has placed the devices in the same category as conventional tobacco products, and the U.S. Navy has banned the devices below decks in submarines; and

Whereas, Many other state, county, and local governments and agencies across the nation have enacted measures to restrict the sale and use of electronic smoking devices, particularly with regard to minors; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The federal Food and Drug Administration, which has jurisdiction over the regulation of nicotine products, is urged to enact strict regulations overseeing the sale and use of electronic smoking devices and to conduct research on the health impact to persons using electronic smoking devices and those who come into contact with vapors emitted by the devices.

2. The United States Congress and the President of the United States are urged to enact any additional measures as are necessary to promote the safe use and effective regulation of electronic smoking devices.

3. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and President of the Senate and attested to by the Clerk of the General Assembly and Secretary of the Senate, shall be transmitted to the President of the United States, the Commissioner of the United States Food and Drug Administration, the Majority and Minority leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to every member of Congress elected from this State.

STATEMENT

This Assembly concurrent resolution urges the U.S. Food and Drug Administration, Congress, and the President of the United States to enact measures overseeing the sale and use of electronic smoking devices, and to conduct research on the health impact of the devices on both users and third parties.

Electronic smoking devices are products designed to deliver nicotine or other substances to a user in the form of a vapor and are often manufactured to resemble cigarettes, cigars, and pipes. The health and safety implications of using the devices are not known and reports indicate that use of the devices by minors has doubled in recent years. New Jersey is among the many state, county, and local governments that have enacted measures designed to restrict the sale and use of electronic smoking devices.