California 2009 2009-2010 Regular Session

California Senate Bill SJR8 Amended / Bill

Filed 06/25/2009

 BILL NUMBER: SJR 8AMENDED BILL TEXT AMENDED IN SENATE JUNE 25, 2009 INTRODUCED BY Senator Corbett MAY 19, 2009 Relative to electronic cigarettes. LEGISLATIVE COUNSEL'S DIGEST SJR 8, as amended, Corbett. Electronic cigarettes. This measure would request that the federal Food and Drug Administration  (FDA)  prohibit all sales of electronic cigarettes until  they have been found by FDA to be safe   the FDA has found them to be safe  . Fiscal committee: no. WHEREAS, The chemical nicotine is classified as a drug due to its stimulative, sedative, and addictive qualities; and WHEREAS, More  that   than  90 percent of smokers who seek to quit their addiction to nicotine fail, most relapsing within one week; and WHEREAS, Extended exposure to nicotine results in tolerance, requiring escalating doses of the drug to receive the desired stimulation; and WHEREAS, Withdrawal symptoms from nicotine include cognitive and attention defects, cravings, inability to sleep, and sleep disturbance; and WHEREAS, An unregulated product called electronic cigarettes is currently being marketed as a smokeless alternative to traditional cigarettes; and WHEREAS, Electronic cigarettes are rechargeable, battery operated drug delivery devices that look similar to cigarettes and allow the user to inhale a smokeless vapor often containing nicotine; and WHEREAS, Electronic cigarette producers market their product to children by utilizing shopping mall kiosks and locations frequented by children; and WHEREAS, These marketing efforts are similar to previous attempts to entice children to use nicotine products. Previous campaigns have included products such as cigarette candy and advertisements with cartoon characters and flashy packaging; and WHEREAS, Studies show a correlation between children who used cigarette candy and adults who are current or former smokers; and WHEREAS, The federal Food and Drug Administration has previously banned nicotine lollipops and  nicotine  lip balm; and WHEREAS, A study published in the Journal of the National Cancer Institute found that teens were more likely to be influenced to smoke by cigarette marketing than by peer pressure. Similarly, a study published in the Journal of the American Medical Association found that as much as one-third of underage experimentation with smoking was attributable to tobacco company marketing efforts; and WHEREAS, Electronic cigarettes may increase the number of young smokers; and WHEREAS, According to the National Survey on Drug Use and Health, over 3,600 people under  the age of 18  18 years of age  begin smoking daily, 1,100 of whom will become regular smokers. One-third of these young smokers will die of smoking-related illnesses; and WHEREAS, It is in the best interest of California to protect children from these products; now, therefore, be it Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature calls upon local, state, and federal governments to find ways to prevent the use of nicotine products by children; and be it further Resolved, That the Legislature requests that the federal Food and Drug Administration (FDA), which has jurisdiction over the regulation of nicotine products, prohibit all sales of electronic cigarettes until  they have been found by that FDA to be safe   the FDA has found them to be safe  ; and be it further Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the President pro Tempore of the United States Senate, to the Speaker of the House of Representatives, to each Senator and Representative from California in the Congress of the United States, to the Commissioner of the United States Food and Drug Administration, and to the author for appropriate distribution.