From: Mark Jaye
To: Ronda Menlove, David Lifferth, Jack Draxler, Edward Redd, Curt Webb, Jacob Anderegg, Ryan Wilcox, Gage Froerer, Jeremy Peterson, Dixon Pitcher, Brad Dee, Richard Greenwood, Paul Ray, Curtis Oda, Brad Wilson, Steve Handy, Stewart Barlow, Roger Barrus, Jim Nielson, Becky Edwards, Doug Sagers, Susan Duckworth, Jennifer M. Seelig, Rebecca Houck, Joel Briscoe, Angela Romero, Mike Kennedy, Brian King, Lee Perry, Janice Fisher, Larry Wiley, LaVar Christensen, Craig Hall, Johnny Anderson, Mark A. Wheatley, Patrice Arent, Carol Moss, Eric Hutchings, Jim Dunnigan, Lynn Hemingway, Daniel McCay, Jim Bird, Earl Tanner, Tim Cosgrove, Steve Eliason, Marie Poulson, Ken Ivory, Keven John Stratton, Robert Spendlove, Richard Cunningham, Greg Hughes, John Knotwell, Melvin Brown, Kraig Powell, John G. Mathis, Kay Christofferson, Brian Greene, Jon Cox, Val Peterson, Dana Layton, Keith Grover, Jon Stanard, Dean Sanpei, Rebecca Lockhart, Francis Gibson, Michael Mckell, Marc Roberts, Merrill Nelson, Jerry Anderson, Kay Mciff, Brad Last, John Westwood, mnoel, Lowry Snow, Don Ipson,
Subject: Oppose HB112 - Rep. Ray's Bait and Switch Legislation
Date: Tue Feb 25 04:10:49 MST 2014
I am a non-smoker (who never has smoked) who sees Rep. Ray's as having some good elements, but as written, equally bad if not seriously flawed elements - which for the record I do not support.

The switch in this case, which are those things I do not support in HB112 - presume that the majority of Utahs using e-cigarettes are children.  I know that the Weber/Morgan Health Dept. study indicates an alarming rise in adolescent e-cigarette use, and subsequently that this same data has been extrapolated to either claim or infer that statewide use of e-cigarette products find a majority use among children.  

The broad assumption that the Weber/Morgan data as correct and therefore representative of children statewide as "majority users," is then used as the basis for HB112 with regard to a defacto online sales ban of e-cigarette products to all adults.   The logic is that the online sales ban (face to face sales requirement) will keep these products out of the hands of children.  

Forgive me stating that I see this broad application of ONE SINGLE study (Weber/Morgan Health Dept) as a punitive act of proposed legislation with regard to the health and well-being of ALL UTAHNS.  If HB112 was truly about children, health and public interest, I believe it would ban sales possession to, and by minors (which is the part I agree with), while protecting the choice of adults who suffer from the ills of traditional tobacco cigarette use.  

Truly as proposed, HB112 is counter intuitive, as it purports to be in the public's best interest but clearly is not, considering HB112's possible unintended consquences due to keeping Utah who unfortunately smoke, and their children, exposed to the known toxins of traditional cigarette smoke.

Also consider this: One of the greatest reason children smoke is that the adults around them smoke.  That is well known.  Subsequently, if Utah can reduce the number of smoking adults, it will reduce the number of smoking children.  Yet HB112 seeks to inadvertently keep more Utah adults smoking via the online sales ban.

Please DO NOT LEGISLATE A BAN based on limited data (Weber/Morgan study).  That would be akin to the Utah legislature lifting all state regulation on e-cigarettes based on only ONE STUDY like the *Drexel University study, or the Roswell **Park Cancer Institute study, both from late 2013 showing the safety of e-cigarette vapor generally.  YOU WOULDN'T LEGISLATE BASED ON THESE PRO E-CIG STUDIES ALONE - yet you're doing just that based on the Weber/Morgan study.


Mark Jaye / a non-smoker / non-ecigarette user