Archive for September 2019

The Battle to Stop E-cigs Moves to the Front Page

Posted by NYPIRG on September 16, 2019 at 8:16 am
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The electronic cigarette industry has done much to make up for the decline in tobacco consumption in America by getting the public to buy into its arguments that e-cigarettes are a “safer” alternative to smoking tobacco.

Of course, the electronic cigarette industry has never proven their products’ safety, they just assert the benefits.  Now, after aggressively marketing their products – particularly their flavored products – the health damages are becoming more apparent.

Earlier this month the federal government’s Centers for Disease Control and Prevention (CDC) said the number of electronic cigarette use – or vaping – related illnesses had increased to at least 380 cases in 33 states and cautioned people about using e-cigarettes.  In addition, the CDC reported five deaths from vaping-related respiratory illness.

And the flavored vaping has had a tremendous impact on the number of minors using these products.  Five million minors, mostly in their high school years, reported that they had used e-cigarettes. About one-quarter of the nation’s high school students reported vaping within the last 30 days in this year’s annual survey, up from 20 percent last year.

This rapid increase in usage, as well as the growing number of reported illnesses and deaths, has pushed public officials to begin to act. 

At the federal level, the federal Food and Drug Administration sent a warning to the largest electronic cigarette maker – Juul – that accused it of violating federal regulations by its promoting of its vaping products as a healthier alternative than traditional tobacco cigarettes.  Next, the President has said that his Administration is considering a ban on all flavored vaping products. 

Over this past weekend Governor Cuomo announced that the state’s Public Health and Health Planning Council would take up regulations that would ban the sale of candy and fruit flavored vaping devices and pods.

One major difference between the Trump Administration’s and the Cuomo plans is that the federal regulations would include a ban on the sale of mint and menthol flavors, New York’s plan would not.

The governor’s rationale to defend his decision to allow menthol flavors to continue to be sold was his assertion that those menthol products could help people stop smoking traditional cigarettes.  The governor’s surprising assertion is not backed up by the Food and Drug Administration which has not approved e-cigarettes as smoking cessation devices. In fact, a recent study found that most people who intended to use e-cigarettes to kick the nicotine habit ended up continuing to smoke both traditional and e-cigarettes.

Menthol is a particularly deadly flavor.  When used in cigarettes, menthol poses a tremendous public health threat. A 2013 FDA report on the health impact of menthol cigarettes determined that menthol cigarettes lead to increased smoking initiation among youth and young adults, greater addiction and decreased success in quitting smoking.  Further, FDA’s Tobacco Products Scientific Advisory Committee’s concluded, “Removal of menthol cigarettes from the marketplace would benefit public health in the United States.”  When Ontario, Canada banned menthol cigarettes in early 2017, its initial evaluations suggested that the law resulted in increased attempts to quit and smoking cessation among adult menthol smokers.  As a result, the Canadian government subsequently banned menthol cigarettes nationwide later in 2017.

Menthol has particularly appealing qualities for novice smokers. Menthol is a chemical compound that cools and numbs the throat, reducing the harshness of cigarette smoke, making menthol cigarettes more appealing to young people who are beginning to use tobacco.

Allowing the continued use of menthol vaping products makes little sense.  The Trump Administration may, or may not, knock out menthol flavors.  The track record of the President delivering on his promises is not great, but if he does, it would supersede New York’s weaker approach.

But the decision of the Cuomo Administration is only final when the Public Health Council acts.  New Yorkers who care about curbing the deadly impact of vaping should hope that they go further than the governor’s statement and ban all flavored vaping products, including menthol.

Campaign Finance Overhaul Begins

Posted by NYPIRG on September 9, 2019 at 7:44 am
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Campaign finance reform, long-promised but never enacted, is starting to take shape in New York.  As part of this year’s budget agreement, Governor Cuomo and the legislative majorities agreed to establish a Commission to create a voluntary system of public financing of elections.  In and of itself, the creation of a commission was not new; there have been other blue-ribbon panels that have examined the issue.  What was new was that the Commission’s recommendations would have the force of law when approved by December 1st of this year.

This week, the Commission is holding the first of five public hearings on the issue.  Sounds promising.  But there are some early signs of trouble that could undermine the Commission’s work.  The Commission apparently has no resources – it doesn’t even have its own website for example – and has no staff.  The invitations to testify were sent from individual commissioners’ email addresses.

Given the paucity of resources, how should the Commission best achieve its goals?  Let’s start by examining why the system is needed in the first place.

According to a new report issued by the New York Public Interest Research Group (NYPIRG), currently state legislators run for office relying on private campaign contributions.  Overwhelmingly the sources of that money are typically powerful and wealthy interests.  The report found that organized interests, businesses, and individuals contributing more than $200, represented roughly 90 percent of the money raised by the winners of state Senate and Assembly elections.  The biggest category of contributors were political action committees and limited liability companies – both of which usually have business before the government.

Such a system, one in which the bulk of the money paying for the campaigns of state candidates comes from parties with a vested interest in legislative outcomes, creates an inherent conflict of interest.  Lawmakers rely on campaign funds from interest groups and then meet with their lobbyists who are asking for favors.  Sometimes those favors result in scandals and corruption.

That’s why previous commissions examining New York State’s campaign financing system have been harshly critical.  One commission in the 1980s called New York’s campaign financing system a “disgrace” and an “embarrassment.”

Thirty years ago when then-Governor Mario Cuomo and state legislators could not agree on reforms, the 1980s commission scolded state leaders for failing to act, charging that “Instead partisan, personal and vested interests have been allowed to come before larger public interests.”  That same commission, on the other hand, congratulated New York City public officials who had worked to create a voluntary system of public financing for candidates running in City elections.

A voluntary campaign financing system, that commission believed, was an important reform that could provide the resources for candidates – but without attaching the strings that all too often come when private contributions are donated by interest groups.  Thus, a public financing system could both reduce the influence of powerful interest groups and reduce the risk of political corruption.

Three decades later, the New York City system has expanded and evolved into a model for the nation.  Indeed, in the 2018 City election, voters overwhelmingly voted to approve a referendum proposal that further strengthened the system and City voters agreed to additional tax dollars being used to fund the program.

So what should the new Commission, with a mandate to establish a voluntary system of public financing for state government, do?

Since the new Commission appears to have little or no resources and the deadline for finalizing its plan is December 1st, the first step should be to embrace the successful, three-decade old program already operating in the state of New York.

The program may need some tweaks to adapt it to state elections, but it is road tested.  By advancing that program as its starting point, the debate over the next 90 days would be focused on tweaks that may be necessary in order to scale up a citywide program – in a municipality that accounts for nearly half of the state’s population – to one that covers all state offices.

With fewer than 90 days until their plan is due, it makes little sense for the Commission to waste time contemplating the universe of possible systems or focus on unnecessary election law changes.  By putting out the New York City program as its starting point, the Commission would have the benefit of 30 years of experience and could focus on details needed to scale it up to a statewide system.

The clock is ticking.  The Commission has a lot of work to do; New Yorkers must hope that they attack their responsibilities with a smart strategy based on success.