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"Greto, Lindsey" "Pearson, Anne" <Anne.Pearson@kingcounty.gov> 1/4/2011 2:18:34 PM e-cig regulation questions - Seattle Schools

hi Anne, Seattle Public Schools has some questions about the e-cigarette regulation that I think you can better answer. They would like to use our regulation to improve their district policy, but since we don't ban possession by youth, are having a hard time. Do you know if we had thought about the possession piece? And why we didn't go that route? I talked to Scott a bit about it - seems to be that possession would have to be banned at the state level. I let Seattle Schools know this answer, but wanted to be sure that there wasn't something else they should know. Also, Scott mentioned that they should call under drug paraphernalia, since they're not cigarettes or tobacco products. But Seattle Schools is wondering how - do you know that? If not, no worries. Just thought I'd check. Thanks! Lindsey --Lindsey Greto, MPA Tobacco Prevention Program Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177

From: Sharp, Lisa M [mailto:lmsharp@seattleschools.org] Sent: Monday, January 03, 2011 1:40 PM To: Greto, Lindsey Subject: RE: Media Release: Board of Health approves electronic cigarette regulations Not sure yethow can we be sure that it falls under drug paraphernalia? If it does, then they would be covered by our drug possession policy. Hmmm. From: Greto, Lindsey [mailto:Lindsey.Greto@kingcounty.gov] Sent: Monday, January 03, 2011 1:07 PM To: Sharp, Lisa M Subject: RE: Media Release: Board of Health approves electronic cigarette regulations

Just got clarification - possession would have to be restricted on the state level. The Board of Health wouldn't have the authority necessarily to enact it, which is why youth possession of tobacco is an RCW, not a Board of Health code. However, e-cigarettes are not classified as a tobacco product or cigarette, both at the state and the federal levels. So their possession should fall under drug paraphernalia. does that help at all? Or make the School Board work trickier? --Lindsey Greto, MPA Tobacco Prevention Program
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Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177

From: Sharp, Lisa M [mailto:lmsharp@seattleschools.org] Sent: Monday, January 03, 2011 1:02 PM To: Greto, Lindsey Subject: RE: Media Release: Board of Health approves electronic cigarette regulations

RCW 70.155.080
From: Greto, Lindsey [mailto:Lindsey.Greto@kingcounty.gov] Sent: Monday, January 03, 2011 1:01 PM To: Sharp, Lisa M Subject: RE: Media Release: Board of Health approves electronic cigarette regulations

I can only find the law about selling or giving tobacco to minors, not possession... --Lindsey Greto, MPA Tobacco Prevention Program Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177

From: Sharp, Lisa M [mailto:lmsharp@seattleschools.org] Sent: Monday, January 03, 2011 1:00 PM To: Greto, Lindsey Subject: RE: Media Release: Board of Health approves electronic cigarette regulations Yes, it does. Thats why kids can get tickets for smoking. From: Greto, Lindsey [mailto:Lindsey.Greto@kingcounty.gov] Sent: Monday, January 03, 2011 1:00 PM To: Sharp, Lisa M Subject: RE: Media Release: Board of Health approves electronic cigarette regulations

I don't think it's possible to restrict possession by youth - I'm looking now, but do you know if the law restricts youth from possessing cigarettes? I don't think it does - just sale. --Lindsey Greto, MPA Tobacco Prevention Program Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177

From: Sharp, Lisa M [mailto:lmsharp@seattleschools.org] Sent: Monday, January 03, 2011 12:59 PM 8_19_2011

Page 3 To: Greto, Lindsey Subject: RE: Media Release: Board of Health approves electronic cigarette regulations That sucks. From: Greto, Lindsey [mailto:Lindsey.Greto@kingcounty.gov] Sent: Monday, January 03, 2011 12:58 PM To: Sharp, Lisa M Subject: RE: Media Release: Board of Health approves electronic cigarette regulations

It doesn't restrict possession --Lindsey Greto, MPA Tobacco Prevention Program Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177

From: Sharp, Lisa M [mailto:lmsharp@seattleschools.org] Sent: Monday, January 03, 2011 12:58 PM To: Greto, Lindsey Subject: RE: Media Release: Board of Health approves electronic cigarette regulations I see it restricts the sale of e-cigs to kids, but what about possession? From: Greto, Lindsey [mailto:Lindsey.Greto@kingcounty.gov] Sent: Friday, December 17, 2010 9:19 AM To: Undisclosed recipients Subject: FW: Media Release: Board of Health approves electronic cigarette regulations Greetings, Please see the press release below about action taken by the King County Board of Health yesterday. The addition of e-cigarettes to the smoke-free indoor air restrictions definitely helps to give weight to the addition of ecigarettes to other smoke-free air policies. If you have any questions or need any resources on e-cigarettes, please don't hesitate to contact me. Lindsey --Lindsey Greto, MPA Tobacco Prevention Program Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177

From: Ross, Kathryn Sent: Thursday, December 16, 2010 5:34 PM Subject: Media Release: Board of Health approves electronic cigarette regulations

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Contact: Julia Patterson 206-296-1005, julia.patterson@kingcounty.gov December 16, 2010

Board of Health approves electronic cigarette regulations


Regulations will limit sales to adults only, prohibit free samples, and restrict use in public places and places of employment

King County, WAThe King County Board of Health passed regulations today to protect King County youth from electronic smoking devices and unregulated nicotine delivery devices. The Board of Health voted unanimously to: restrict the sales of e-cigarettes or any other unapproved nicotine delivery devices only to people 18 and older; prohibit free or highly discounted electronic smoking devices or unapproved nicotine delivery products; prohibit the use of e-cigarette devices in places where smoking is prohibited by law. I am pleased that the Board of Health acted today to prohibit the sale of e-cigarettes to youth and to restrict their use in public spaces, said Board of Health Chair Julia Patterson. Ecigarettes are used as a means to encourage people, especially our youth, to begin smoking. Their safety and long-term health impacts are untested and unknown. The Board of Healths responsibility is to create policies that foster the health and well being of our community, and todays action will help achieve that objective. Electronic smoking devices, commonly known as e-cigarettes, are battery-operated devices designed to look like and to be used in the same manner as conventional cigarettes. E-cigarettes use cartridges to deliver vaporized nicotine, the same highly addictive drug thats in tobacco. The FDA is investigating e-cigarettes, but the products are currently unregulated at the federal level. This Board of Health proposal is a reasonable step to protect youth immediately in King County while federal authorities continue to look into these products, said Dr. David Fleming, Director and Health Officer for Public Health Seattle & King County. Through this regulation, young people in King County have one less opportunity to get hooked on nicotine. E-cigarettes have a high appeal to youth. They are sold in convenience stores and mall kiosks and come in candy flavors including chocolate, vanilla and mint. The FDA has warned that ecigarettes can increase nicotine addiction among young people and may lead youth to try conventional tobacco products. "The Board of Health's action will help protect our youth from the addictive effects of nicotine," said Boardmember Dr. Bud Nicola. The Board of Health heard from a number of people who use these as an alternative to real cigarettes, and there may be a harm-reduction role, said Boardmember and Seattle City Councilmember Sally Clark. But nicotine remains addictive, and the steps we took today are about protecting youth. As these products have become more widely available, public use has also increased. Ecigarettes mimic the appearance of regular cigarettes because the user exhales a smoke-like vapor similar in appearance to the exhaled smoke from a cigarette. Their use is virtually indistinguishable from the use of traditional tobacco products in public, which leads to confusion and prompts people to light and smoke traditional tobacco products. No matter how its delivered, nicotine is highly addictive. We took an important step today to keep these unknown products out of the hands of kids in King County, said Boardmember and Lake Forest Park Mayor David Hutchinson.
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The Board of Health convened a Tobacco Policy committee in June 2010 to review the evidence and develop new tobacco policies that respond to current policy opportunities and disparities in King County. Todays regulations were endorsed by the committee members. Several other jurisdictions across the nation have created similar regulations related to ecigarettes but it is believed that King Countys regulations are the most comprehensive in the nation. The King County Board of Health sets county-wide public health policy, enacts and enforces local public health regulations, and carries out other duties of local boards of health specified in state law. These duties include enforcing state public health statutes, preventing and controlling the spread of infectious disease, abating nuisances, and establishing fee schedules for licenses, permits and other services. ###

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From: "Hamilton, Joy" To: "Lucy Culp" <lucy.culp@heart.org> Erin.Dziedzic@cancer.org "Carrie Nyssen" <cnyssen@lungmtpacific.org> Date: 1/14/2011 6:29:03 PM Subject: Follow up from today's call Greetings, Here's a few examples of what locals can do once preemption is lifted: 1. SIGNAGE. Locals know their jurisdictions the best and can create signage requirements tailored to their specific constituents. They can do this by requiring signs to be displayed in certain languages or with messages that are targeted to their communities. 2. TRAINING. Locals can create training programs for retailers that are specific to their needs. For example, they can require additional retailer training in areas that historically have low compliance rates. 3. NEW PRODUCTS. Locals are able to respond quickly to emerging products on the market (such as e-cigarettes in King County). Hope that helps. Let us know if you need more or different examples. Also, here is the link to the news article about Buffalo, NY and the planned work to regulate and restrict tobacco sales. http://www.buffalonews.com/city/communities/buffalo/article305870.ece Anne has a copy of the proposed regulations and I think she can pass that along if anyone is interested. Thanks everyone for a good call! Joy Hamilton, MPH Public Health - Seattle & King County Communities Putting Prevention to Work Tobacco Policy and Advocacy Manager 401 5th Ave. Suite 900 Seattle, WA 98104 (206) 263-9382 joy.hamilton@kingcounty.gov

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From: "Pearson, Anne" To: "Apa, James" <James.Apa@kingcounty.gov> "Neal, Scott" <Scott.Neal@kingcounty.gov> "Hamilton, Joy" <Joy.Hamilton@kingcounty.gov> "Muhm, Jennifer" <Jennifer.Muhm@kingcounty.gov> Date: 1/31/2011 8:23:00 PM Subject: RE: I'm confused
HI I think she mis-spoke. We were able to restrict e-cigs because they are not tobacco products as defined by our state law, so we arent preempted. Anne Pearson, JD, MA Public Health - Seattle & King County 401 5th Avenue, Suite 900 Seattle, WA 98104 (206) 263-9411 anne.pearson@kingcounty.gov

From: Apa, James Sent: Monday, January 31, 2011 4:16 PM To: Neal, Scott; Hamilton, Joy; Pearson, Anne; Muhm, Jennifer Cc: Ross, Kathryn Subject: FW: I'm confused Scott, Joy and Anne please see below. Do you have a suggested answer for Carol? I was a little confused myself when Mary Selecky said that the local option was needed to allow Spokane to ban e-cigarettes. Thanks.

From: Carol Ostrom [mailto:costrom@seattletimes.com] Sent: Monday, January 31, 2011 4:03 PM To: Apa, James Subject: I'm confused

I will read the law, and won't be so dumb, but didn't king county board of health ban e-cigarettes? I thot the state law restricted local action on tobacco products. Or is that only a nicotine product, not tobacco? Do you have a ref to the state law? I have vague editor interest.. Carol M. Ostrom Health reporter The Seattle Times PO Box 70, Seattle, WA 98111 Desk: 206-464-2249 Fax: 206-464-2261 Email: costrom@seattletimes.com Web: www.seattletimes.com

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From: "Pearson, Anne" To: "Hamilton, Joy" <Joy.Hamilton@kingcounty.gov> "Ross-Viles, Sarah" <Sarah.Ross-Viles@kingcounty.gov> Date: 2/2/2011 4:21:17 PM Subject: RE: Menthol Info If I recall, when I spoke with the guy from TFK about this, he said that there are a few flavors that make up the bulk of flavored OTP, and that menthol wasn't even close to the top of the list. In light of the fact that mentholated OTPs may represent such a tiny portion of the market, it didn't make sense to create a specific exemption for them, as was made for cigs which are a big part of the market. So Lindsey is right, those few mentholated OTPs that are out there would be covered (e.g. restricted) by the proposed state bill. ________________________________________ From: Hamilton, Joy Sent: Wednesday, February 02, 2011 12:18 PM To: Pearson, Anne; Ross-Viles, Sarah Subject: FW: Menthol Info FYI ______________________________________________ From: Greto, Lindsey Sent: Wednesday, February 02, 2011 12:13 PM To: Hamilton, Joy Subject: Menthol Info Legacy's menthol page: http://www.legacyforhealth.org/3654.aspx Legacy's comments to the FDA: http://www.legacyforhealth.org/PDF/Menthol_TPSAC_Submission_11-19-10.pdf Lorillard's menthol page: http://understandingmenthol.com/

Apparently there are menthol non cigarette products: e-cigarettes: http://www.ecigarettesnational.com/products/SS-Choice-No.-7-Disposable-Menthol-FlavoredE%252dCigarette.html Little cigars (Gambler): http://www.bnbtobacco.com/productdetails.aspx?iid=999960; Little cigars (Swisher Sweets) http://www.gothamcigars.com/prodinfo.asp? number=SSLCMEN&utm_medium=shoppingengine&utm_source=googlebase - which you can also see on the Swisher Sweet site: http://www.swisher.com/web/main/map#/store/products/americasFavCigars

From my non-lawyerly reading, it looks like menthol is a flavor like any other. And in order to exempt it, a bill would have to expressly say "excluding menthol flavors" --Lindsey Greto, MPA Tobacco Prevention Program Public Health - Seattle & King County Ph: (206) 263-9410 Fax: (206) 296-0177
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