BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 648
          Author:   Corbett (D)
          Amended:  5/7/13
          Vote:     21

           
           SENATE HEALTH COMMITTEE  :  6-2, 4/17/13
          AYES:  Hernandez, Beall, De León, DeSaulnier, Monning, Wolk
          NOES:  Anderson, Nielsen
          NO VOTE RECORDED:  Pavley

           SENATE JUDICIARY COMMITTEE  :  4-2, 4/30/13
          AYES:  Evans, Corbett, Jackson, Monning
          NOES:  Walters, Anderson
          NO VOTE RECORDED:  Leno

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Electronic cigarettes:  restriction of use and  
          advertising

           SOURCE  :     Author


          DIGEST  :    This bill extends the restrictions and prohibitions  
          against the smoking of tobacco products to include restrictions  
          or prohibitions against electronic cigarettes (e-cigarettes) in  
          various places, including, but not limited to, places of  
          employment school campuses, public buildings, day care  
          facilities, retail food facilities, and health facilities.

           ANALYSIS  :    
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          Existing law:

          1. Restricts or prohibits the smoking of tobacco products in  
             various places, including, but not limited to, school  
             campuses, public buildings, places of employment, day care  
             facilities, retail food facilities, and health facilities. 

          2. Permits the landlord of a residential dwelling unit, as  
             defined to prohibit the smoking of a cigarette or other  
             tobacco product on the property or in any building or portion  
             of the building, including any dwelling unit, other interior  
             or exterior area, or the premises on which it is located.

          3. Makes it unlawful, to the extent not preempted by federal  
             law, for a person to sell or otherwise furnish an e-cigarette  
             to a person under 18 years of age. 

          4. Defines an "electronic cigarette" as a device that can  
             provide an inhalable dose of nicotine by delivering a  
             vaporized solution.

          5. Makes it a violation of the prohibition against selling  
             e-cigarettes to minors an infraction punishable by a fine not  
             exceeding $200 for the first violation, by a fine not  
             exceeding $500 for the second violation, or by a fine not  
             exceeding $1,000 for a third or subsequent violation.

          6. Prohibits existing law prohibiting the sale of e-cigarettes  
             to minors from be construed to invalidate an existing  
             ordinance, or to prohibit the adoption of an ordinance, by a  
             city or county that regulates the distribution of  
             e-cigarettes in a manner that is more restrictive than state  
             law, to the extent that the ordinance is not otherwise  
             prohibited by federal law.

          This bill:

          1. Extends the existing restrictions and prohibitions against  
             the smoking of tobacco products to include e-cigarettes. 

          2. Changes the definition of a crime with respect to certain  
             facilities, thereby creating a state-mandated local program.


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          3. Extends the existing prohibition against advertising to  
             e-cigarettes, as defined.

           Comments
           
           Food and Drug Administration (FDA) information on e-cigarettes  .   
          According to the FDA, e-cigarettes are products designed to  
          deliver nicotine or other substances to a user in the form of a  
          vapor.  Typically, e-cigarettes are composed of a rechargeable,  
          battery-operated heating element, a replaceable cartridge that  
          may contain nicotine or other chemicals, and an atomizer that,  
          when heated, converts the contents of the cartridge into a  
          vapor.  This vapor can then be inhaled by the user.  These  
          products are often made to look like such products as  
          cigarettes, cigars, and pipes.  They are also sometimes made to  
          look like everyday items such as pens and memory sticks, for  
          people who wish to use the product without others noticing.

          The FDA states that, as the safety and efficacy of e-cigarettes  
          has not been fully studied, consumers of e-cigarette products  
          currently have no way of knowing whether e-cigarettes are safe  
          for their intended use, how much nicotine or other potentially  
          harmful chemicals are being inhaled during use, or if there are  
          any benefits associated with using these products.   
          Additionally, the FDA states it is not known if e-cigarettes may  
          lead young people to try other tobacco products, including  
          conventional cigarettes, which are known to cause disease and  
          lead to premature death.  A 2009 evaluation by the FDA's  
          Division of Pharmaceutical Analysis evaluated two brands of  
          e-cigarettes for nicotine content and other impurities.   
          Nicotine was found in both products and other possible tobacco  
          specific impurities were detected, such as menthol.

           Prior Legislation
           
          SB 882 (Corbett, Chapter 312, Statutes of 2010) makes it  
          unlawful, to the extent not preempted by federal law, for a  
          person to sell or otherwise furnish an e-cigarette to a person  
          under 18 years of age. 

          AB 13 (T. Friedman, Chapter 310, Statutes of 1994) prohibits  
          employers from knowingly or intentionally permitting, or any  
          person from engaging in, the smoking of tobacco products in  
          enclosed places of employment, with specific exemptions.  

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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/21/13)

          Breathe California
          California Black Health Network
          California Medical Association

           OPPOSITION  :    (Verified  5/21/13)

          Electronic Cigarette Industry Group

           ARGUMENTS IN SUPPORT  :    According to the author's office, one  
          of the most controversial issues affecting the regulation of  
          e-cigarettes has been whether to regulate them as drug delivery  
          devices or tobacco products.  In 2010 e-cigarette manufacturers  
          sued the FDA to prevent e-cigarettes from being regulated as a  
          drug device.  E-cigarette manufacturers won the lawsuit and the  
          right to keep selling their product as a type of tobacco  
          product.  They are, however, now subjected to the Tobacco  
          Control Act.  A number of state and local governments have  
          already passed legislation to restrict the sale, marketing, and  
          use of e-cigarettes.  Many of these provisions are included in  
          smoke-free laws.

          The California Black Health Network (CBHN) writes that  
          e-cigarettes have only been available for a short period of  
          time, and because research is scare on the possible health  
          issues caused by inhaling these vapors, it does not know with  
          any certainty of possible addiction or health problems.  CBHN  
          writes that because the FDA is concerned about the safety of  
          these products, and because these products have not been  
          submitted to the FDA for evaluation or approval, and there are  
          possible toxic and cancerous chemicals in these products, CBHN  
          believes California should proceed with caution and that the use  
          of e-cigarettes should be prohibited in schools and public  
          buildings.  The California Medical Association writes that  
          e-cigarettes have the potential to be harmful and should be  
          approached with caution until additional evidence shows that  
          they are not harmful to users' health and do not undermine  
          California's successful effort to decrease tobacco use.


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           ARGUMENTS IN OPPOSITION  :    Opponents argue smoking bans are  
          enacted to protect the public from second-hand smoke, but  
          e-cigarettes have not been shown to cause harm to bystanders,  
          and the evidence to date shows that health risk associated with  
          e-cigarettes is comparable to other smokeless nicotine products.  
           Opponents argue there is no smoke or ash associated with  
          e-cigarettes, the use of e-cigarettes has helped individuals to  
          quit smoking, and the use of e-cigarettes in public spaces  
          actually improves public health by inspiring other smokers to  
          switch and by allowing the users of e-cigarettes to avoid  
          second-hand tobacco smoke.  
           

          JL:k  5/21/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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