Lo Stato di New York ha presentato un disegno di legge per proibire la vendita di liquidi e sigarette elettroniche. Nel contempo la FDA sta studiando il fenomeno e se la vendita di liquidi e sigarette elettroniche deve essere inquadrata tra dispositivi terapeutici, "droghe" o come le sigarette classiche
Ecco il testo della proposta di legge:
Prohibits the sale or offering for sale of electronic cigarettes.
Sponsor: HANNON / Committee: HEALTH
Law Section: Public Health Law / Law: Amd S1399-aa, redes S1399-ll to be S1399-ll-1, add S1399-ll-2, Pub Health L
Jun 8, 2012: REFERRED TO HEALTH
TITLE OF BILL:
to amend the public health law, in relation to prohibiting the sale of
To prohibit the sale or offering for sale of electronic cigarettes.
SUMMARY OF PROVISIONS:
Section one amends Public Health Law § 1399-aa to define an electronic
cigarette as a battery operated device that contains cartridges filled
with a combination of nicotine, flavor and chemicals that are turned
into vapor which is inhaled by the user.
Section two adds a section § 1399-11-2 to prohibit the sale or
offering for sale any electronic cigarette.
Section three provides that the act shall take effect on the first of
January succeeding its enactment.
Electronic cigarettes are products designed to deliver nicotine and
other substance to a use in the form of a vapor. They are typically
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 vapor.
In 2009, the federal Food and Drug Administration (FDA) issued a press
release warning individuals about the safety of electronic
cigarettes. Their laboratory analysis revealed that some electronic
cigarettes contain carcinogens and toxic chemicals such as diethylene
glycol, an ingredient used in antifreeze that is toxic to humans. In
February 2012, a 57 year old man reportedly suffered severe injuries
when an electronic cigarette exploded in his mouth.
The U.S. Court of Appeals for the D.C. Circuit in Sottera, Inc. v.
Food & Drug Administration, held that electronic cigarettes are not
drugs or devices unless they are marketed for therapeutic purposes.
Therefore, the cannot be regulated by the FDA as such. While the FDA
intends to propose a rule deeming products meeting the definition of
"tobacco products" to be subject to FDA regulation under the Family
Smoking Prevention and Tobacco Control Act, in the meantime these
devices remain completely unregulated. Due to the complete lack of
regulation and evaluation for safety, electronic cigarettes pose a
dangerous threat to the health and safety of New Yorkers. Therefore,
this bill would place a ban on the sale of such products.
The first of January next succeeding enactment.
S T A T E O F N E W Y O R K
I N SENATE
June 8, 2012
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to prohibiting the
sale of electronic cigarettes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:
Section 1399-aa of the public health law is amended by
adding a new subdivision 13 to read as follows:
13. "ELECTRONIC CIGARETTE" MEANS A BATTERY-OPERATED DEVICE THAT
CONTAINS CARTRIDGES FILLED WITH A COMBINATION OF NICOTINE, FLAVOR AND
CHEMICALS THAT ARE TURNED INTO VAPOR WHICH IS INHALED BY THE USER.
Section 1399-ll of the public health law, as added by chapter 518
of the laws of 2000, is redesignated section 1399-ll-1 and a new section
1399-ll-2 is added to read as follows:
S 1399-LL-2. SALE OF ELECTRONIC CIGARETTES PROHIBITED. NO PERSON SHALL
SELL OR OFFER FOR SALE ANY ELECTRONIC CIGARETTE.
S 3. This act shall take effect on the first of January next succeed
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.