[HealthyTribes] OREGON BECOMES 5TH STATE TO BAN USE OF E-CIGARETTES WHERE SMOKING IS PROHIBITED

[LACROIX Kimberly W]

Dear TPEP and Healthy Communities grantees,

Today, Oregon governor Kate Brown signed HB2546B<https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/HB2546>, which expands the Oregon Indoor Clean Air Act (ICAA), also known as the Smokefree Workplace Law, to include the use of "inhalant delivery systems." Inhalant delivery systems are devices that can be used to deliver nicotine, cannabinoids and other substances, in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices.

Under the law, Oregonians may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurants, bars and other indoor public places in Oregon beginning January 1, 2016.  There are no exemptions for electronic cigarette retail outlets, smoke shops, bars or other venues. The law also bans the sale, purchase or use of electronic cigarettes for those under the age of 18.

Only four states<http://www.no-smoke.org/pdf/ecigslaws.pdf> (Utah, New Jersey, North Dakota, and Hawaii<file:///\\dhs.sdc.pvt\PSOB\HPCDPE\Legislative\Legislation%202015\House%20Bills\HB%202546%20Ecigs%20Defines%20inhalant%20delivery%20system\;%20http:\www.kitv.com\news\gov-signs-bill-banning-ecigarettes-where-smoking-prohibited\32556742>) include electronic cigarettes in their smokefree workplace law. Over twenty organizations supported the passage of the law, including the Oregon Association Chiefs of Police and the Oregon State Sheriffs' Association, Conference of Local Health Officials (CLHO), Oregon Department of Justice, Oregon Medical Association (OMA), Building Owners and Managers Association (BOMA), and Pacific Source Health Plans.

Inhalant delivery systems are largely unregulated, without safety protections, standards for product consistency, or truth-in-labeling requirements. Existing evidence about inhalant delivery systems raises the concern that they may: have an adverse impact on user's health; encourage youth smoking initiation through modeling and nicotine addiction; perpetuate the use of nicotine and tobacco products among users who might otherwise quit, and even those who have quit; and counter the effectiveness of smoke-free policies.

There has been a large increase in the use of inhalant delivery systems among youth in both Oregon and nationwide, and the Centers for Disease Control and Prevention has identified use of these products as a potential gateway to cigarette smoking among youth. Data show that current use of inhalant delivery systems among Oregon 11th grade students increased from two percent to five percent, a 150 percent increase, from 2011 to 2013.  Nationally, current inhalant delivery system use among middle and high school students tripled from 2013 to 2014. These new national data indicate that youth inhalant delivery system use has surpassed current use of all other tobacco products, including conventional cigarettes.

HPCDP will be leading a rulemaking process to amend the ICAA administrative rules<http://public.health.oregon.gov/PreventionWellness/TobaccoPrevention/SmokefreeWorkplaceLaw/Pages/index.aspx> to reflect the statutory changes in HB 2546B.

Rulemaking will:

  *   Address the sales and marketing of these products to minors
  *   Set standards on packaging of inhalant delivery systems
  *   Strengthen and clarify current rules to address enforcement needs

Last spring, the FDA released its proposed rules to regulate electronic cigarettes. The proposed rules were subject to public comment and further review by the agency before coming final. The FDA did not address child proof packaging, advertising, or marketing of inhalant delivery systems in their proposed deeming rules. Oregon's electronic cigarette law intends to address these regulatory gaps.

Stay tuned for information on how you can be involved in the rulemaking process!

Please note that HPCDP is revising ICAA signage to include electronic cigarettes. Please hold off on purchasing existing signage until the new signs are available.

HPCDP applauds Governor Brown, members of the Oregon legislature and partners statewide for passing HB 2564B.

Please contact your liaison if you have any questions or concerns.

Cheers!
Kim




Kim W. La Croix, MPH, RD  | Policy Specialist | Center for Prevention and Health Promotion | HPCDP |
____________________________________________________________________________
Oregon Health Authority  |  800 NE Oregon St  |  Portland, Oregon 97232
* kimberly.w.lacroix at state.or.us | É 971-673-0606 | 7 971-673-0994

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