Congress Puts Pressure on Electronic Cigarettes, Energy Drinks

Members of Congress seek feedback from electronic cigarette makers on the marketing and sale of their products, while four senators are asking energy drink companies to take voluntary steps to stop marketing to children.

September 30, 2013

WASHINGTON – Following new information from the Centers for Disease Control and Prevention (CDC) showing an increase in the use of e-cigarettes among middle and school kids, 12 members of Congress called on nine electronic cigarette makers to provide additional information regarding the sale, distribution, labeling and marketing of their products.

A press release from U.S. Sen. Dick Durbin (D-IL) says that e-cigarettes are not currently subject to federal laws and regulations that apply to traditional cigarettes, including age-verification, distribution of free samples, television and radio ads and having “characterizing fruit flavors that appeal to kids.”

“For more than four decades a federal ban on cigarette ads for radio and television has helped to deglamorize smoking for young people. Despite claims from some e-cigarette makers that they do not market their products to youth and that kids should not have access to their products, e-cigarette manufacturers appear to be applying marketing tactics similar to those used by the tobacco industry to hook a new generation of children,” the members of Congress wrote. “In light of public health concerns regarding exposure to addictive nicotine in e-cigarettes and the sharp rise in e-cigarette use among teens, we want to better understand your company’s policy and practices related to the sale, marketing and distribution of e-cigarettes.”

The letter was sent to NJOY, Lorillard, Reynolds American, Altria Group, LOGIC Technology, Eonsmoke, GreenSmoke, VMR Products and Lead By Sales LLC. Co-signers of the letter include Sens. Durbin (D-IL), Tom Harkin (D-IA), John D. Rockefeller (D-WV), Richard Blumenthal (D-CT), Edward J. Markey (D-MA), Sherrod Brown (D-OH), Jack Reed (D-RI), Barbara Boxer (D-CA), Heidi Heitkamp (D-ND) and Jeff Merkley (D-OR), as well as Reps. Henry A. Waxman (D-CA) and Frank Pallone (D-NJ).

Also last week, in the latest step in their ongoing investigation into the energy drink industry, Sens. Durbin, Markey, Rockefeller and Blumenthal called on 17 major energy drink companies to commit to voluntary steps in the marketing and promotion of energy drink products, including a ban on marketing to children and selling their products in K-12 schools. Letters were sent to 5-Hour Energy, AMP Energy, Arizona Energy, Celsius, Clif Shots, Crunk Energy, Full Throttle, Jamba Energy, Monster Energy, NOS Energy, Red Bull, Rockstar Energy, Sambazon Energy, Street King Energy, Target/Archer Farms Energy Drinks, Venom Energy and Xenergy. (Click here to read copies of the letters.)

“Energy drink makers must stop their slick pitches to kids, and adopt other reforms,” said Blumenthal. “They must take significant strides — more than the baby steps some accepted at our recent Commerce Committee hearing — to end marketing clearly aimed at children and teens. I commend the industry leaders for moving in the right direction, but most companies are continuing ad campaigns that use social media and sports and entertainment celebrities to target kids. Effective voluntary measures can help avoid legislative mandates.”

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