Wednesday, April 2, 2014

Call to Action! Illinois Bill Would Ban Sale of Liquid for E-Cigarettes Until Illinois Department of Public Health Establishes Packaging Standards

(last updated 4/2/2014)

If enacted, HB 5689 would:
  • Require all e-cigarette liquids to be sold in "special packaging" and require the Illinois Department of Public Health to establish standards for such packaging
  • BAN the sale of all e-cigarette liquids in Illinois until these regulations are enacted.
Illinois vapers, your help is needed.  This bill has could come up for a vote in the Illinois General Assembly at any time. 

While HB 5689 is being promoted as a bill to sensibly require childproof caps on e-cigarette liquids, the truth is that this bill would BAN the sale of all e-cigarette liquid products until regulations are proposed and enacted by the Illinois Department of Public Health that describe the sort of packaging that is required.  These regulations could take anywhere from six months to two years to actually become law. In that time, sales of e-cigarette liquid would be banned.

Additionally, even if HB 5689 is amended to allow for continued sales of e-liquid, this bill still abdicates rulemaking power to unelected bureaucrats of the Illinois Department of Public Health.  Improper regulation, even on a subject as seemingly simple as childproof packaging, could have negative consequences for consumers by raising the cost of products or enacting barriers to adult access. As far as we can tell, no one at the Department of Public Health has any special knowledge of e-cigarettes or e-cigarette packaging. HB 5689 provides no funding for experts in the field of e-cigarettes or child-resistant packaging to be retained by the Department of Public Health. 



ILLINOIS VAPERS, PLEASE CALL:
Speaker of the IL Assembly Rep. Michael Madigan -- (217) 782-5350 
IL Assembly Majority Leader Rep. Barbara Currie -- (217) 782-8121

CASAA is asking our members in Illinois to please reach out to these two critically important elected officials in the Illinois General Assembly and ask them to OPPOSE HB 5689 because it: (1)  would immediately ban the sale of all e-cigarette liquid in Illinois; and (2) it is an unfunded mandate on the Department of Public Health that requires them to make packaging rules for e-cigarette liquid, a product that the Department of Public Health is unprepared to adequately regulate.

If you wish to take additional action, CASAA has produced e-mail lists below for the members of the Illinois House of Representatives that have e-mail addresses publicly listed.
Remember, you can register to receive free CASAA e-mail alerts  regarding this and other legislation in Illinois and across the United States. We will alert you when there are  opportunities to voice your concerns to the members of the Illinois State Legislature.   

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Please contact the members of the Illinois House of Representatives and let them know:

1. You are an Illinois resident and would like them to OPPOSE HB 5689 because it would immediately ban the sale of all e-cigarette liquid in the State of Illinois.

2. Tell your story on how switching to an e-cigarette or another smoke-free product has changed your life.

3.  Explain that:
  • While HB 5689 is being promoted as a bill to sensibly require child-resistant packaging on e-cigarette liquids, the truth is that this bill would BAN the sale of all e-cigarette liquid products until regulations detailing specific packaging specifications are proposed and enacted by the Illinois Department of Public Health.
  • These regulations could take anywhere from six months to two years to actually become law. In that time, sales of e-cigarette liquid would be banned.
  • Even if HB 5689 is amended to allow for continued sales of e-liquid, this bill still hands over rulemaking power on a thriving, worldwide industry to unelected bureaucrats at the Illinois Department of Public Health, and all without appropriating a single dollar for the Department of Public Health to accomplish this.  This bill is an unfunded mandate on the Department of Public Health.
  • Improper regulation, even on a subject as seemingly simple as child-resistant packaging, could have negative consequences for consumers by raising the cost of products or enacting barriers to adult access. Overly restrictive regulations that are not based on science could also lead to costly lawsuits.     
  • The vast majority of e-cigarette businesses in Illinois already do sell their e-cigarette liquid in child-resistant packaging (i.e., with caps similar to those on medicine).
  • The FDA is likely to announce their proposed regulations for e-cigarettes in the near future. These regulations will, at bare minimum, almost certainly set out packaging requirements, and any such regulations would preempt Illinois regulations on packaging. In other words, the Department of Public Health will be expending time, resources, and possibly fighting lawsuits to establish regulations that could be made unenforceable after just a few months or a year. 
4.  Direct them to the CASAA.org website, as well as the CASAA Research Library, for more information. 


Contact your Illinois General Assembly and Illinois Senate representatives by using this website

If you wish to make phone calls to multiple representatives in your general area, or send out Tweets or make Facebook posts, please see this Excel document (Google Cache here). Caution: This list was last updated in 2013, so please also use the current General Assembly member list to confirm that individual members are still in office.

Additionally, you can also respectfully voice your opposition in e-mails to many members of the Illinois General Assembly and Senate using the lists below:

Email list for the IL General Assembly:  
repdistrict3@gmail.com, dvbeiser@sbcglobal.net, rep@pbellock.com, repberrios39@gmail.com, rep.bost@hotmail.com, repjohnbradley@mychoice.net, dan@rep-danbrady.com, brauerr@housegopmail.state.il.us, staterepbrown@gmail.com, kellyb@ilga.gov, johncabello@aol.com, repcassidy@gmail.com, john@johncavaletto.com, chapa-laviali@ilga.gov, staterepcloonen79@att.net, repcolvin@sbcglobal.net, staterepcostello@gmail.com, fred@fredcrespo.com, tom@tomcross.com, repcurrie@sbcglobal.net, johnd@ilga.gov, davismd@ilga.gov, williamd@ilga.gov, repdeluca@sbcglobal.net, repdrury@gmail.com, kendunkin@msn.com, repdurkin@hotmail.com, krfarnham@gmail.com, repfine@gmail.com, sara@staterepsara.com, flowersme@ilga.gov, lkf@ilga.gov, mike.fortner@sbcglobal.net, jack@jackfranks.org, robyn@robyngabel.com, esthergolar@sbcglobal.net, repjgordon@gmail.com, staterephalbrook@frontier.com, rephammond@macomb.com, staterepharms@gmail.com, greg@gregharris.org, repharris@yahoo.com, info@kayhatcher.us, repehernandez@yahoo.com, repjayhoffman@gmail.com, repjeanneives@gmail.com, bbsty2010@gmail.com, naomi@naomijakobsson.com, staterepchuck67@aol.com, repjones.jones@gmail.com, dwightkay112@gmail.com, stephanie.kifowit@att.net, rkosel@ilga.gov, langli@ilga.gov, repdavidleitch@gmail.com, statereplilly@yahoo.com, mmadigan@hds.ilga.gov, repmartwick@gmail.com, patti76th@ivnet.com, 60thdistrict@gmail.com, repemily@gmail.com, mmcauliffe20@yahoo.com, ilhouse52@gmail.com, repmanley@gmail.com, deb@debmell.org, repmitchell@earthlink.net, christianmitchell26th@gmail.com, moffitt@grics.net, repmorrison54@gmail.com, staterepmussman@gmail.com, enekritz@repnekritz.org, reposmond@aol.com, bphelps118@gmail.com, poer@housegopmail.state.il.us, bob@pritchardstaterep.com, david@davidreis.org, rep.riley38@sbcglobal.net, robertbobrita@aol.com, rosenthal@consolidated.net, pamrothd75@gmail.com, jimsacia@aeroinc.net, staterepsue@gmail.com, sengerstaterep@gmail.com, repsente@gmail.com, repsims34@gmail.com, repsmiddy@gmail.com, repderricksmith@yahoo.com, sommer@mtco.com, repsosnowski@gmail.com, 4repsoto@gmail.com, ilhouse51@sbcglobal.net, rep.tabares@gmail.com, rep32district@gmail.com, jiltracy@jiltracy.com, mike@miketryon.com, inezc@reparthurturner.com, repunes@gmail.com, pverschoore@qconline.com, statereplarrywalshjr@gmail.com, repwelch@emanuelchriswelch.com, jimwatson@localnetco.com, repwheeler64@gmail.com, staterepann@gmail.com, repwillis77@gmail.com, repsamyingling@gmail.com, michaelz@ilga.gov


Email list for the IL Senate:
pamela@pamelaalthoff.net, jennifer@bertinotarrant.com, senatorbivins@grics.net, senatorbiss@gmail.com, billbrady@senatorbillbrady.com, info@melindaforsenate.com, jclayborne@senatedem.ilga.gov, senatorcollins@sbcglobal.net, john@senatorcullerton.com, tcullterton@senatedem.ilga.gov, delgado@senatedem.ilga.gov, senator@kdillard.com, dan@senatorduffy.com, senatorforby@yahoo.com, whaine@senatedem.ilga.gov, dharmon@senatedem.ilga.gov, harris@senatedem.ilga.gov, hastings@senatedem.ilga.gov, mhunter@senatedem.ilga.gov, thutchinson@senatedem.ilga.gov, jacobs@senatedem.state.il.us, ejones3@senatedem.ilga.gov, senatordavekoehler@gmail.com, dan@senatorkotowski.com, senatorlahood@att.net, info@senatorlandek.com, lightford@senatedem.ilga.gov, senator@link30.org, sendavel@midwest.net, amanar@senatedem.ilga.gov, imartinez@senatedem.ilga.gov, senatorsam@frontier.com, senatormccarter51@att.net, karenmcconnaughay33@gmail.com, mcguire@senatedem.ilga.gov, morrison@senatedem.ilga.gov, senatormulroe@att.net, amunoz@senatedem.ilga.gov, senatormattmurphy@gmail.com, mnoland@senatedem.ilga.gov, kraoul@senatedem.ilga.gov, senatorrezin@gmail.com, drighter@consolidated.net, mccarter51@att.net, msandoval@senatedem.ilga.gov, isilverstein@senatedem.ilga.gov, stadelman@senatedem.ilga.gov, hsteans@senatedem.ilga.gov, sullivan@senatedem.state.il.us, info@senatordavesyverson.com, trotter@senatedem.ilga.gov, vanpelt@senatedem.ilga.gov

23 comments:

Kayceex3 said...

Please QUIT trying to totally control our lives!! I have been vaping for 10 months now and haven't had one... NOT ONE nasty cigarette since!! I don't cough every day, I can smell and taste better. I'm 56 years old and e-cigs are my savior. I KNOW I would have eventually gotten heart disease or COPD or worse. I used to get bronchitis EVERY time i caught a cold and now... well there is NO COMPARISON!! Please TRUST our own judgement and let us live our life the way we see fit!!!! please... please... please... I am living a MUCH better quality of life thanks to e-cigs and e-juice. PLEASE DON'T YANK IT AWAY FROM US JUST SO GOVERNMENT CAN PROFIT FROM IT. JUST LET IT BE!

Dustin Schumm said...

you can submit a email to all of these people at once by using http://www.civape.com/save-ecigs.php

Rick said...

You should always include a link for Witness Slips!

SweeetBlisss said...

Dustin, thank you for posting the link to email 21 Reps at once. It took me less than 30 seconds to be heard! After 30 years of smoking, I was able to stop with the help of vaping. I know of several other people who share my story. I believe the invention of the e-cigarette has literally saved my life, and the lives of people I know and care about.

Kristina Casteel said...

It was only a matter of time before Illinois became involved...Sending out the troops right now!

Kiel Carl said...

can out of staters send it also? i know how to spread the word and i have hundreds of out of staters wanting to help

Laura said...

Thank you for the link, I sent the email to all of them as well.

James said...

THIS IS WHAT I SENT TO ALL E-MAIL ADDRESSES:

I am an Illinois resident and I would like you to OPPOSE HB 5689 because it would immediately ban the sale of all e-cigarette liquid in the State of Illinois.

Over four and a half (4 1/2) years ago, I quit burning tobacco after 45 years of smoking and switched to an e-cigarette. It changed my life for the better in a number of ways; my health improved, my sense of smell and taste came back, I didn't stink like an ashtray any longer, and MOST IMPORTANTLY no longer inflicted harm on my family. A recent CT Scan of my thorax showed clean lungs and no evidence of damage. For many years, I tried the "cold turkey" approach to quitting and then patches and gum to no avail; by only trying an e-cigarette for one (1) month got me off of tobacco completely.

While HB 5689 is being promoted as a bill to sensibly require child-resistant packaging on e-cigarette liquids, the truth is that this bill would BAN the sale of all e-cigarette liquid products until regulations detailing specific packaging specifications are proposed and enacted by the Illinois Department of Public Health.

These regulations could take anywhere from six months to two years to actually become law. In that time, sales of e-cigarette liquid would be banned.

Even if HB 5689 is amended to allow for continued sales of e-liquid, this bill still hands over rulemaking power on a thriving, worldwide industry to unelected bureaucrats at the Illinois Department of Public Health, and all without appropriating a single dollar for the Department of Public Health to accomplish this. This bill is an unfunded mandate on the Department of Public Health.
Improper regulation, even on a subject as seemingly simple as child-resistant packaging, could have negative consequences for consumers by raising the cost of products or enacting barriers to adult access. Overly restrictive regulations that are not based on science could also lead to costly lawsuits.
The vast majority of e-cigarette businesses in Illinois already do sell their e-cigarette liquid in child-resistant packaging (i.e., with caps similar to those on medicine).
The FDA is likely to announce their proposed regulations for e-cigarettes in the near future. These regulations will, at bare minimum, almost certainly set out packaging requirements, and any such regulations would preempt Illinois regulations on packaging. In other words, the Department of Public Health will be expending time, resources, and possibly fighting lawsuits to establish regulations that could be made unenforceable after just a few months or a year.

Over the course of the four and a half (4 1/2) years that I have been vaping there have been dozens of scientific studies conducted by reputable doctors all over the globe; from Boston, England, Europe and Greece all pointing to the safety and efficacy of using e-cigarettes as an effective Tobacco Harm Reduction Technique as well as confirming the absence of harm from the vapor they produce to the user or bystanders. I suggest you visit the CASAA.org website, as well as the CASAA Research Library, for more information to aquaint yourself with the latest scientific evidence on this topic.

I thank you for your consideration of this important piece of legislation!

sho2dapan said...

Thank you...this is wat we need For every Call to Action...I am willing to Help...

Frank B said...

Pass this and ill vote for the guy that wants term limits!!!! how bout that u career politicians!!!!!

Eric said...

THIS IS THE RESPONSE I RECEIVED FROM THE BILL'S SPONSOR - SEEMS PRAGMATIC - NO BAN ON SALE DURING THE RULEMAKING PERIOD SHE SAYS

From: "Robyn Gabel"
To: "myers eric"
Sent: Thursday, April 3, 2014 1:19:27 PM
Subject: Re: HB5689 - Electronic Cigarette liquid packaging - OPPOSE OR MODIFY

Thank you for contacting my office regarding HB 5689, which would require child-proof safety features for refill liquid that is used in e-cigarettes. Let me be clear. This bill is not a ban on the liquid refills or e-cigarettes. During the period that the Illinois Department of Public Health will be establishing rules, the public will be able to continue to purchase products. Manufacturers of e-cigarettes and the refill liquid are in support of this legislation and many of them already have childproof safety features on their liquid refills.


I appreciate that e-cigarettes have become increasingly popular as a way to quit smoking and decrease the number of chronic ailments caused by smoking, goals I whole-heartedly support. But no child should be in danger because of an e-cigarette. The refill liquid bottles contain enough nicotine to be lethal to a toddler and nicotine poisoning has no antidote.



I believe this bill preserves the rights of e-cigarette users and ensures the safety of our children.



Thank you for contacting me.



Best regards,



Robyn Gabel

John Hermeling said...

I got same canned reply, but I have to admit, if I did actually read the "Full text" of the bill http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=85&GA=98&DocTypeId=HB&DocNum=5689&GAID=12&LegID=80886&SpecSess=&Session=

I saw no signs of anything other than childproof packaging (BUT I am not a lawyer or Politician)

Thank you for contacting my office regarding HB 5689, which would require child-proof safety features for refill liquid that is used in e-cigarettes. Let me be clear. This bill is not a ban on the liquid refills or e-cigarettes. During the period that the Illinois Department of Public Health will be establishing rules, the public will be able to continue to purchase products. Manufacturers of e-cigarettes and the refill liquid are in support of this legislation and many of them already have childproof safety features on their liquid refills.

I appreciate that e-cigarettes have become increasingly popular as a way to quit smoking and decrease the number of chronic ailments caused by smoking, goals I whole-heartedly support. But no child should be in danger because of an e-cigarette. The refill liquid bottles contain enough nicotine to be lethal to a toddler and nicotine poisoning has no antidote.

I believe this bill preserves the rights of e-cigarette users and ensures the safety of our children.

Thank you for contacting me.

Best regards,

Robyn Gabel

Nick Nictek said...

typical response they give so that you will calm down and tell others it will be all right but come on now read between the lines.
and i also think parents should be more responsible with their
e-juice.

Nathan S said...

What these politicians are failing to realize is, WE will still buy this juice! They are just taking away sales tax from this glorious state! . It takes little no effort to have another state ship it here, or create the liquids yourself. As everyone has said - this is all over the tobacco taxes being hit hard and the long term money lost if we all get a little healthier!

BIG GOVERNMENT is getting old people! We keep letting it happen.

Joe Barhoumi said...

I have called the IL General Assembly in Springfield to gain some clarification on HB 5689. The first thing I wanted to find out is if the bill number would change once introduced into the senate. They told me that the bill number will remain the same. That is good because it makes it far easier to track and stay on top of. The second thing I found was that this bill is a top priority within the legislation, meaning that it is going to move fast and will likely be read into the senate on Monday afternoon. They said that if it would have passed the house sooner, that it likely would have hit the senate floor sooner. The good news here is that this gives us all one weekend to send a million FB messages to the senators that will be seeing this bill next week. We need to all come together to get this bill changed or kill it completely. It seems like a tough thing to do, I know. Keep this in mind though, FB is very powerful. At no other time in history, has there been a medium on which to organize people together as quickly as can be accomplished with FB. Here is a link to all senators in the IL Senate. EMAIL LIST: http://www.senatorduffy.com/ga-email-list ; PHONE LIST: http://www.ilga.gov/reports/rptMemberList.asp?gaid=12&ChamberId=S ; SENATE LEADERS LIST: http://www.ilga.gov/senate/98GA_Senate_Leadership.pdf . I urge everyone to share this post 100 times if you need to. We need to seriously flood their phones, FB, and email this weekend so that they start paying attention. So that on Monday when they get into session in the afternoon, they are looking for this bill. Go through each name on the Senate leaders list first and start looking up their FB pages. Send them messages all weekend long, most of them have their FB pages linked to their smart phone like most other people. They will be blown away by the response they are getting, when their phones are sending notifications like crazy. Thank you to anyone who can help and again SHARE THIS POST WITH EVERYONE!!!!!

Melissa Bailey said...

This is the healthiest outlet for me. I don't have to leave my kids unattended to go outside and smoke, and it melts away my stress and anxiety from being stuck in doors with 3 children under 5. I need this and have found a couple wonderful vape shops here in Illinois. Let's keep our business home rather than send our money elsewhere. Aren't we all sick of not having jobs and being able to stimulate our economy here in Illinois? I know I am!

Myk said...

Notice the "manufacturers of ecigs" that approve of this bill are the cig-a-likes that were exempted by amendment.
I've heard of no real people in ecigs that support this vague "leave it up to the Health Department who is anti-ecig" bill.
Gabel is doing a con job.
If the bill was honest it would say what it requires and the Health Department would enforce.

Anna C. Skuller said...

Write it up and email it to them. They need to hear your story. They need to hear all of our stories. I think the government is a bunch of greedy crooks placating big corporations who can afford to pay for what they want. All we have is our voice and it will only be heard if we are loud enough and the more who join the fight and write, call and bug the hell out of them, the louder we are.

Angela said...

This part of the amended bill makes it clear that you are correct. Cig-a-likes, sold by tobacco companies are exempt.

Sec. 10. Child-safe electronic cigarette liquids.
5 Electronic cigarette liquids sold and marketed for the
6 refilling of e-cigarettes may be sold only in special
7 packaging. The Department of Public Health shall adopt rules
8 establishing the standards for special packaging to be used for
9 e-cigarette liquids.
10 This Section does not apply to electronic cigarette
11 products sold in sealed, pre-filled, or disposable replacement
12 cartridges.

Angela said...

Another section of the bill amended that clarifies what this bill applies to:
(30 ILCS 40/2.10 new)
13 Sec. 2.10. Electronic cigarettes. "Electronic cigarette"
14 or "e-cigarette" means a battery-operated device that contains
15 a combination of nicotine, flavor, and chemicals that are
16 turned into vapor which is inhaled by the user.

devilchasnme said...

I hope some of you Illinois vapers talk to the guys at ABATE of Illinois, the motorcycle group. Illinois is one of 3 states with NO motorcycle helmet law. And it's because of their tireless work with the Illinois state legislature. Those guys are top-notch. And I'm sure you could pick up some tips and strategy from them for dealing with all branches of state government. You guys got to stop this before it starts. It's tough to keep regulations and laws from starting but it is far, far tougher to get bad regulations and laws reversed. Many of them have been on the ground working with state government for years. Realize, Illinois vapers, you're going to have to become citizen-lobbyists: write letters, make phone calls, and take trips to the state capitol. Good luck.

Raul Po said...

I would suggest adding links to the studies, as any fallacies would be used against your testimony or information provided. I am originally from Chicago (Cook County) and I believe that any state that is threatened ( whether it's to my home state or not) by such ridiculous laws should be banned in them selves BY THE PEOPLE. Please tell anyone you know whether they vape or not to contact these folks and try to make a change.

David Jelonek said...

Thanks for the idea.... I just emailed them. Figure many of them, that smoke, might want AT LEAST, the option to quit using an e-cig.