Politics, Elections, and Harm Reduction

[James Wall]

Good morning all (seems like I never sleep doesn't it?)

So, I spent last night reading up on HR1261 proposed last year by my Congressman, Michael Burgess, concerning Harm Reduction as applicable to tobacco. I was wondering if anyone else had read this proposed legislation (it is currently in committee) and what y'all thought of it. I don't have a link, but a quick google of Burgess, HR1261, and Harm Reduction led me to it. I was also wondering if anyone else had considered contacting him and if this Harm Reduction Act is something we as a group, and CASAA in particular, would be interested in pushing for (perhaps with some wording to particularly include e-cigarettes as a reduced harm option). I know it is somewhat anti-flavoring, but I would like other people's opinions.

I recently sent a correspondence to him (District 26 Texas, Republican) due to his being my Representative as well as due to his placement on certain committees which would seem to give him an interest in the e-cig movement. I am awaiting a response.

"To Congressman Burgess:
Sir,
I have been closely watching the current court appeal concerning electronic cigarettes and the FDA. The FDA is attempting to regulate the e-cigarette under the FDCA as a drug delivery device as opposed to regulating it as a tobacco product as described in the Family Smoking and tobacco Control Act. As a constituent and a former smoker thanks in large part to the e-cigarette, I am curious as to what your views are in relation to this litigation and the FDA's stance. I believe that based on your membership on the House Energy and Commerce Committee, in particular the Health sub-committee, as well as your sponsorship of H.R. 1261 concerning Harm Reduction that your opinion on this issue would be of great interest to myself and many other users of the e-cigarette.
Thank you for your time,
James Wall"

 

[Vocalek]

It looks to me as if this was overcome by events...the passage of the Family Smoking Prevention and Tobacco Control Act (HR 1256) Read The Bill: H.R. 1256 - GovTrack.us. Many of the provisions in the Burgess proposed bill are similar or identical to what was passed, but it really is sad that FSPTCA (aka the "Tobacco Act") did not include this provision:

Directs the Administrator to establish standards and procedures for ranking tobacco products based on the relative risks of serious or chronic tobacco-related diseases and adverse health conditions.

 

[Luisa]

I believe Waxman is chairman of that committee--at least until the election--so nothing could be done to help us right now. After the election,your representative might be able to give us a great deal of help--if the election goes well. Thanks for the information.

 

[James Wall]

So what about pushing for more Harm Reduction legislation? Is anyone aware of any pending? Wouldn't the upcoming election make it time to put the pressure on for this?

 

[Luisa]

No, most politicians would not wish to get involved with that issue right now. Waxman is a "quit or die" person. He and Kennedy sponsored the bill putting cigarettes under the jurisdiction of the FDA. If the Republicans win the house,a Republican will take Waxmans" chairmanship. Your Rep would be invaluable at that time. Maybe just keep educating him and he might help us in January with the new Congress in session.

 

[James Wall]

Here is what Rep. Burgess responded to me:

"Dear Mr. Wall:

Thank you for contacting me regarding the Youth Prevention and Tobacco Harm Reduction Act. I appreciate hearing your concerns on this important legislation.

As you may know, the Youth Prevention and Tobacco Harm Reduction Act, HR 1261, was introduced on March 3, 2009 by Rep. Steve Buyer [R - Indiana]. If passed, HR 1261 would require the Secretary of Health and Human Services to create the Tobacco Harm Reduction Center and give this Center the authority to regulate tobacco products along specific guidelines.

HR 1261 has been referred to the House Energy and Commerce Committee. I am a member of this committee and a co-sponsor of this bill, and you can be certain that I will keep your comments in mind as we discuss this legislation.

Again, thank you for taking the time to contact me. I appreciate having the opportunity to represent you in the U.S. House of Representatives. Please feel free to visit my website (www.house.gov/burgess) or contact me with any future concerns.

Sincerely,

Michael C. Burgess, M.D.
Member of Congress"

Personally I like the sound of the legislation. It seems to me that the Department of Health and Human Services would be taking some of the power away from the FDA concerning these issues if it were to pass. As well, having a Harm Reduction policy seems to me to be a large function of this bill, which is a great goal even apart from e-cigarettes.

Do you think it would be wise of someone to contact Rep. Buyer, a member of his constituency contacting him perhaps? I think we should keep our Reps feet to the fire on this (if they know the legislation is still being watched, especially by voters in their area, then maybe some progress will be made). Any recommendations on what else I should do to provide Rep. Burgess more information or to educate him on Harm Reduction or the e-cigarette?

 

[Luisa]

That would be a good thing to do. You might send both of them the AAPHP White Paper entitled The E-Cigarette in the Context of Overall Tobacco Control.It is very informative and would be helpful to them in the future--and hopefully if they are influenced,helpful to us.

 

[Vocalek]

He might want to think about changing the title of the bill. "Youth Prevention" sounds like a form of birth control.

 

[James Wall]

Aw, c'mon that's one of my favorite parts. I'm not a "kid friendly" person so I'm all in favor of preventing youth.

 

[Bill Godshall]

HR 1261 was basically RJ Reynolds' alternative legislation to the FSPTCA that was enacted by Congress last year (giving the FDA the authority to regulate tobacco). Although HR 1261 had some sound harm reduction language, it also contained many other provisions that made it DOA (it didn't give the FDA any authority to regulate tobacco, and it would have turned all youth smokers into criminals). It was introduced by Rep Steven Buyer, who is retiring this year.

In sum, there is zero chance that HR 1261 will be considered by any committee, and there is zero chance that it will be reintroduced next session of Congress.

 

[sailorman]

"...HR 1261 has been referred to the House Energy and Commerce Committee. I am a member of this committee and a co-sponsor of this bill, and you can be certain that I will keep your comments in mind as we discuss this legislation.....

If Bill's appraisal of this resolution is accurate, and I believe it is, it sounds like Rep. Burgess's response wasn't altogether honest. But maybe he and Buyer can discuss it over cocktails and a round of golf the next time RJR sponsors an outing for their boys and their ex-boys.

Of course, being that Burgess collected about $300,000 from BP in the last 3 cycles, he may have other priorities nowadays.