Ohio Senate to vote on measure that would ban sale of e-cigarettes to minors

Nevin Barich

COLUMBUS, Ohio , February 12, 2014 (press release) – A measure to ban the sale of electronic cigarettes to minors is poised for a vote Wednesday by the Ohio Senate, amid questions from some anti-smoking groups about how the proposal defines the products.

The bill aims to keep e-cigarettes out of the hands of those under age 18. It prohibits them from obtaining, possessing and using them.

E-cigarettes are battery-powered devices that provide users with aerosol puffs that typically contain nicotine, and sometimes flavorings like fruit, mint or chocolate. Users get their nicotine without the thousands of chemicals, tar or odor of regular cigarettes.

Ohio's bill defines e-cigarettes as "alternative nicotine products" rather than tobacco-derived products. Few studies have explored exactly what chemicals are in them, and in what concentrations, and whether those levels are harmful.

The Ohio State Medical Association and other anti-smoking groups have questioned the new category, saying it could exempt the products from taxation laws that govern tobacco among other issues.

The new definition was crafted with the help of Lorillard Inc., the nation's third-biggest tobacco company based in Greensboro, N.C. It acquired e-cigarette maker Blu Ecigs in 2012.

Kurt Lieb, Lorillard's Midwest regional manager of government affairs, told the state Senate's Criminal Justice Committee in written testimony last month that e-cigarettes don't fit neatly into the state's current law. He said the company worked on a broader definition to cover newer products such as lozenges that are coming onto the market.

Anti-smoking groups told the committee it was inappropriate for the industry to help write the law.

"This is a classic case of the fox guarding the henhouse," the American Lung Association, American Heart Association and the American Cancer Society Cancer Action Network said in joint testimony to the Senate committee. The organizations proposed updating the definition of tobacco products and instead.

The measure has the backing of the Ohio Council of Retail Merchants and the Ohio Wholesale Marketers Association.

The state's attorney general also expressed support for the bill last month, saying in a letter to a Senate committee's chairman that the proposal could keep young people from starting a lifelong addiction.

Attorney General Mike DeWine said the legislation "would help protect our youth against the unknown health effects of e-cigarettes and the known effects of nicotine addiction."

The Senate Criminal Justice Committee approved the measure unanimously Tuesday. The House has passed the bill.

Online:

http://www.lsc.state.oh.us/bills/

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