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I know this is short notice guys but I just found out about SB 400 yesterday which would ban the sale of eCigs in California.

SB400 was originally an alternative energy bill, but was strangely amended to only ban electronic cigarettes and no longer makes any mention of energy.

If Governor Schwarzenegger does not veto this bill by close of business tomorrow, Friday 10-9-2009, it will become law automatically next week!

It is important that you act on this immediately even if you are not a California resident because if SB400 is allowed to pass in California it will set a bad precedent for all the other states.

This should only take 5 minutes because I have already done the research and footwork for you.

First, if you are like me and need to see things for yourself before you take action here is a link to the bill and all its amendments on State Surge: http://www.statesurge.com/bills/498091-sb400-california.  As you can see in the first iteration of the bill, SB400 Bill Text PDF Introduced, it talks only of green vehicles and other energy concerns.  It isn’t until the fifth amendment of the bill, SB400 Bill Text PDF Amended Asm V94, that the bill is totally re-written for a completely different purpose  and tries to define a tobacco substitute with the following language:

“Tobacco substitute” means a battery-powered device that can provide inhaled doses of nicotine by delivering a vaporized solution.

It isn’t until the 7th amendment of the bill, SB400 Bill Text PDF Amended Asm V92, on September 9th, 2009 that electronic cigarettes are called out by name stating that the bill would:

.. authorize action to halt the sale, distribution, or offering for sale of electronic cigarettes.

It goes on to further to define electronic cigarettes a drug and makes the sale of electronic cigarettes a crime:

This bill would deem any article that can provide inhaled doses of nicotine by delivering a vaporized solution a drug under these provisions.  By expanding the definition of an existing crime, this bill would impose a state-mandated local program.

Here is what I suggest you do as the CTA (5-min.):

  1. Go to Governor Schwarzenegger’s, e-mail contact web page page: http://gov.ca.gov/interact#email.
  2. Type in your real name and e-mail address in the form on that page.
  3. Select “Governor” from the drop down box on the form.
  4. Click the “Submit” button at the bottom.
  5. On form 2, select “Con” as your position.
  6. Copy and paste the following text, or your own similar words into the e-mail box and click the second “Submit” button:

Dear Governor Schwarzenegger,

Please veto SB 400.

SB 400 was initially introduced as an energy bill. After seven amendments SB400 now intends to, ” … halt the sale, distribution, or offering for sale of electronic cigarettes…”

Placing a ban on the sale electronic cigarettes in California now will force many users of the devices to go back to regular cigarettes at the expense of their health, their loved one’s health and the health of those around them.

Responsible electronic cigarette vendors do NOT market these devices as being healthier than cigarettes, do NOT advertise them as a medical nicotine replacement therapy (NRT) or smoking cessation devices, nor do they sell the devices to minors.

Even though responsible e cig vendors do not make any health claims while marketing e cigs, the health benefits over regular cigarettes are obvious according to many studies that have already been done and testimonial evidence of those who have been using the devices for years.  Thank you.

Sincerely,

– Your name here –

Extra Credit

Thanks in advance for participating in this call to action.  If you feel passionately about this important issue there are a couple extra things you can do.

Also, Fax your Letter to the Governor’s Office

E-mail is great but I think multiple hard copies on the  fax machine in the governor’s office may get more attention.  Use my letter below as a template of a letter that could be faxed.

Governor’s’ Office Fax Number:  916-558-3160

If you are a California Resident, then Call the Governor’s Office

If you live in California this is your government and you have a right to call them.  The number may be busy, but here it is:

Governor’s’ Office Phone Number:  916-445-2841

My Letter

I never ask anyone to do anything I wouldn’t do myself.  Here is a copy of the letter I e-mailed and will fax later today.  Feel free to use it as a template for a letter that you will fax to the governor’s office.

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
October 8th, 2009

Re: SB 400

Dear Governor Schwarzenegger,

Please veto SB 400.

SB 400 was initially introduced as an energy bill. After seven amendments SB400 now intends to, ” … halt the sale, distribution, or offering for sale of electronic cigarettes…”

Placing a ban on the sale electronic cigarettes in California now will force many users of the devices to go back to regular cigarettes at the expense of their health, their loved one’s health and the health of those around them.

Even though responsible e cig vendors do NOT market these devices as being healthier than cigarettes the health benefits are obvious. Two members of my family and I have not smoked any regular cigarettes for over a year because we have been using electronic cigarettes and have noticed significant and obvious improvements to our health that would be too numerous to list here.

I am not a resident of California, but I think allowing SB400 to pass will establish a disappointing and dangerous precedent for other states in this country. This is a great opportunity to demonstrate leadership and forge a path other states can follow.

Electronic cigarettes a.k.a e cigs or e cigarettes do contain nicotine and have been sold self-regulated until now mostly as an alternative to smoking and NOT as a nicotine replacement therapy (NRT) or smoking cessation method unlike the Nicotrol(TM) inhaler. Most responsible vendors of electronic cigarettes also do not currently make any health claims regarding the use of these devices nor do they sell e cigarettes to minors. As such, an outright ban on the sale and distribution of electronic cigarettes outlined by SB 400 would be inappropriate at this time.

After vetoing SB 400 I would suggest that great state of California wait for the FDA to come up with the proper legislation establishing regulations for the sale of electronic cigarettes that make more sense such as requiring specific labels and officially prohibiting the sale of electronic cigarettes to minors.

Thanks,

– My real name –

a.k.a. Sparky of: www.electroniccigarettereview.com

Thanks

Thanks to Kamanjah and others on the e cig forum for the heads up and for giving me most of the information in this CTA.

3 Comments

  1. Sarah says:

    It’s so great you posted this here. I’m nowheregirl from the e cig forum. I had over 90 posts to a thread asking people to contact the gov re SB 400. Some of the posts were political bickering, but so be it. All i know as a CA resident i’m having a great deal of anxiety about this right now. Again thanks for posting this and looking out for the future of e cigs.

  2. bobtow says:

    Why would yu want to ban ecigarettes? They do not emit second hand smoke, they do not burn continually like cigarette cigars or pipes, There is not the disgusting odor around the people who use them,the more people who use the ecigarette, the less there are to smoke real cigarettes. Trying to ban the ecigarette will only exaserbate the smoking problem. Only the smokers you force back to the cigarette will be a little more vengful, and less considerate of your stance against a smoke free environment.

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About Me

The Electronic Cigarette Review is NOT about me.

Its here for millions of people in America and the rest of the world who smoke and may be considering electronic cigarettes as an alternative for their health, smoking bans, outrageous taxes and other costs.

When I went to the web searching for GOOD information on electronic cigarettes it was difficult to find.

This site will have something useful here for everyone thinking about trying electronic cigarettes or those who are looking to take their new found joy of smoking the e cig to the next level!

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