and the lack of data substantiating health benefits calling it is imperative to restrict the use exposure to e-cigarettes simply stated, children and teens should not be guinea pigs as we await more conclusive research. i do not understand that. i do not understand the corporate view on that to. making the money is a wonderful thing, but making money was something like this where you don't know what the results are but you do know what the results are with nicotine in cigarettes is the awareness has been surging between 2011 and

2012 viscount at to be one in e-cigarette use among teens more than doubled. 1,800,000 kids have tried these products. a recent study found that awareness of e-cigarettes among youth is virtually ubiquitous. i guess that means that they have to see stuff somewhere like advertising. maybe television, maybe newspapers, magazines, maybe lots of them. we will talk about that. the growth and you have awareness and use of e e-cigarettes has coincided with a plug of recent e- cigarette marketing activity. a report published this month in the journal of pediatrics found that you if exposure to lead-cigarette advertising on television increased 256% in 2 years.

that is kind of like everyone -- the results are out on the health surveys. just go, go for it. go for that dollar. 256% increase extraordinary a major american legacy foundation report found last year over 14 million teens saw two for advertising on tv and nine and a half million saw print ads the russo while major -- companies reiterate that the only target adults, a large youth audience still appears to be getting their message and particularly when they end the message in tv and magazines and, your note, social media advance which just really come down hard

toward kid some. good morning. >> good morning. >> you can wish me a happy birthday. so to look more closely at this issue of eight joined a group of senators. senator harkin and committee colleagues like senator boxer, blumenthal, and recent investigations asking e-cigarette manufacturers of the marketing practices. the results of this inquiry -- and that is all it was -- work troubling says. that's our report reassured this april concluded that the e-cigarette manufacturers are aggressively promoting their products using techniques and venues that appeal to you with. alkaline understand that would never young people go to, you will probably find

adults. really targeting adults, i guess you just have to overlook the fact that a lot of adults would not go to what your target practices include sponsorship of youth-oriented sporting and cultural events commanding a free product samples. that is really nice. you know? free product samples. i mean, that is neutral. nothing aggressive about that. nothing enticing money flow in that. using celebrity spokespeople , god rest their souls. airing television ads during programs that reach a large huge audiences. using social media without imposing age restrictions and marketing e-cigarette in

flavors that could appeal to children. now, i am an adult. with idea attracted to cherry crash, chocolate treats, plenty keen, vanilla dream? no, i would not. sixty years ago are probably what happened. so that is the way that it works. the dollar's low and. this review provided just a snapshot of the activities of nine market leaders in this industry. there are hundreds of companies that do this in the marketplace. for example, beyonce flavors identified and the report refillable nicotine liquid is marketed and can be found and flavors including bazooka joe, no turn on for me. to me bears. no, that is not adelle to. kent that is not a dull stuff. that is aimed at children.

products like these sound more like a candy shop display than a means for delivering nicotine vapors. it is not hard to see how they could appeal to kids. many of the practices that e-cigarette companies are using to pitch their products a prohibited for cigarette marketing under measures include a comprehensive 2009 family smoking prevention and tobacco control act which past and is law. but these do not currently have applied to e-cigarette. a loophole in the law. a chance to raking in cash. a worry about the kids later. 4,000 kids in west virginia, well, is that important or not? to me is kind of is. the companies might not be looking like that. it is worth noting that the

tobacco control law was enacted following years and years of litigation that uncovered internal tobacco company documents showing that despite claims that they only promoted their products to adults the industry had targeted young people as a critical market. and, of course. that is where the money is, the buying is done by the cash in your pocket. your 12, eight, 14. how would you go? you can look like gloria swanson in april the fda proposed rules to regulate to floor, but finally these rules could take call long time meanwhile, the e-cigarette industry is booming. to record companies with a

history of marketing cigarettes to use have been jumping into the market. i don't know how many per day, per week. i just don't know, but a lot as the e-cigarette industry continues to rapidly evolve, we need to hold companies something called accountable, accountable. that is an american tradition gm is finding about that. dahlia found out about that. accountable for promotional activities that encourages kids to start using e-cigarette before we know what the health effects really are. did not wait for what you might be getting into, what army might be doing, but jump in now and maybe get fda will be, as they always are, slow. a lot of money will be our sorting this fallout.

and then again, those 4,000 kids in west virginia may not be at the top of your list. and because e-cigarette looks so similar to cigarettes must also make sure that e-cigarette marketing does not undermine decades of work to deglamorize and to normalize smoking for american youth. at an area we are making tremendous progress, enormous progress after a long time. in any event i look forward to talking about these issues with the major e-cigarette companies represented here today and panels of accomplished experts. and now center. >> thank you, mr. chairman. allow me to add my birthday wishes. happy birthday to you. i am sorry your start spending it with us. [laughter] >> i am not. i am not at all. mr. chairman, i want to thank you for holding the

hearing in think today's witnesses for appearing before the committee. according to the who there are more than 1 billion smokers in the world. sadly in one year alone more than 5 million of those people will die prematurely due to derek tobacco use. in 1976 professor michael russell, a leading expert on cigarette addiction wrote people smoke for nicotine but die from the tar. the introduction of e-cigarette, which usually contain nicotine but none of the tar involved in ordinary cigarettes present new challenges for policymakers, regulators, and the public health community and is a new opportunity for increased public health to the extent that these new products may help reduce the number of individuals who smoke combustible tobacco cigarettes. dr. david abrams in the american legacy foundation at the american legacy foundation, a nonprofit organization dedicated to reducing tobacco use funded by payments from the master settlement agreement between

state attorneys general of tobacco industry is in 1998 has called a e-cigarette a potentially disruptive technology able to render the combustion of tobacco obsolete. similarly director of the food and drug administration's center for a tobacco parts recently said we have to have an open mind on the potential for these emerging technologies to benefit public health. in addition a recent study by researchers at the university challenge the efforts of people to stop smoking found that they are 60 percent more effective at replacement there be such as patches or gum. many companies argued that their product is still an emerging technology and when the restrictions does not follow the science and may inhibit future innovation to create safer products for existing smokers. at the same time we need to be mindful that even if e-cigarette are shown to be less harmful than combustible tobacco cigarettes akin is addictive the long-term usage and health effects of these

products are currently unknown. proponents of the products believe that e-cigarette is a gateway to combustible tobacco cigarettes, especially among miners. but increase in marketing overall awareness of e-cigarette is growing and some advertisements, whether intended to or not far reaching these audiences. in addition, the campaign for tobacco-free case represented here today by mr. meyer says identified advertisements that employ similar campaigns and teams as advertisements for combustibles cigarette companies decades ago. while this is necessarily the case for all companies it raises understandable concerns about the targeting of his advertising. there has also been a recent rise in the number of calls to poison centers involving children related to e-cigarette and the company's solution which often contains nicotine and other ingredients. the american academy of pediatrics are presented here today has raised concerns about the lack of child resistant packaging on its products. earlier this year the food

and drug ministration proposed 80 mineral to regulate e-cigarette as tobacco products. a number of questions are being asked about just how these products should be regulated, especially how they can and cannot be marketed. given that these are relatively new products and given the extent to which they may provide benefits to public health i believe sound science should drive a discussion on federal regulation. i'll also think that we should all agree that children should not be able to purchase these products. my home state of south dakota has banned the sale or use of e-cigarette by those younger than 18 years of age and several other states have done the same. and while i am opposed to smoking in general, i look forward to learning more about the apparent potential of e-cigarette to reduce down to current smokers. as with most issues that we face in congress to my believe that more scientific investigation and thoughtful discussion is needed. here to discuss some of his work with the university of

virginia to start a dialogue between various stakeholders on these issues. i would like to end with a quotation from dr. thomas quinn, director of the american cancer society he sums up the current debate surrounding e-cigarette as follows. as with so many highly celebrated or filed products, their true nature likely lies somewhere in between with both pros and cons to recommend or discourage their use. hopefully we can shed some light on these pros and cons here today. thank you to our witnesses for appearing today, and we look forward to hearing your testimony. >> let's start. >> good afternoon. may i had my birthday wishes >> please don't. >> happy birthday. i am a practicing pediatrician and associate professor of pediatrics at the school of medicine in dartmouth here today representing the american academy of pediatrics, and professional organization of

602,000 pediatricians and the chair of the eep to back a consortium and conduct research on tobacco and adolescence. chairman, ranking member, members of the committee, made is my pleasure to be here today to talk about electronics cigarettes. pediatricians at numerous and growing concerns about the known and unknown risks and health impact of the cigarettes. seriously concerned that they may leave adolescence to a lifetime of nicotine addiction and to serve as a gateway to traditional cigarettes. the aggressive marketing of electronic cigarettes and its impact on users it is particularly worrisome. the evidence is clear that tobacco advertising directly and vons is youth. use of the cigarettes is rising dramatically, and we believe that it is clear link to unfettered advertising. while there is much we don't yet know, we do know enough to say this, we must act now to protect children against these risks. e-cigarette, as mentioned, the device that heat and vaporize a solution containing nicotine, flavoring, and other

chemicals. these products are not without significant risk. nicotine itself is not a benign substances. a cycle like to guard. overdosed and lead to headache or dizziness or seizures and death. it can be absorbed through the skin and comes with workplace safety warnings to handle it with gloves, masks, goggles, and protective clothing. he to its extreme toxicity the lethal dose this summer between one and 13 milligrams per kilogram of body weight. toxic effects would be seen a much lower levels for those or nicotine naively children. pediatricians very is only a matter of time before a young child dies. indeed, he-like what has led to a recent spike in costa poison control centers. a likely candidate for ingestion by young children because it is colorful, often smells like candy and is sold without chopper packaging. this can contain over 500 milligrams of nicotine, and not to kill several

average size curious dollars we find it completely unacceptable that no federal laws or regulations currently required the sale in child proof containers. we call on congress and the administration to help us to act quickly to ensure this business changes children is eliminated. the missions are also not harmless water vapor. it can cause lung irritation , and no research has yet been established to show the long-term safety. they contain numerous known toxins and carcinogens, albeit at levels markedly lower than that found in regular cigarettes. the levels of particulates are similar to that incombustible cigarettes. flavored e-cigarette are particularly concerned because of the well-known appeal of flavored product to use. a parent education website sponsored notes that kids may be particularly vulnerable to try a e-cigarette due to an abundance of fun flavors such as cherry, vanilla.

notably this same company markets e-cigarette in cherry, vanilla, and panic a lot of. other flavors include cotton candy, a gummy bear, captain crunch, atomic fireballs, clearly enticing children. young people being enticed to experiment with nicotine is frightening because the endless and brain appears uniquely susceptible to a addiction with symptoms occur and within days or weeks. they're is a risk that these users will progress to combusted tobacco products. limited data suggests that e-cigarette may help smokers reduce or quit smoking. at this time further research is necessary to determine -- to determine if and how they can play a beneficial. research also needs to identify whether e-cigarette are used as a bridge, delaying or in heaven. e-cigarette have yet another cause for concern, the realization of smoking. children do what they see.

it is important that we not allow the e-cigarette used to read normalize the image of a smoker. given all of these concerns it is alarming that the use has grown dramatically. our recent study found that 9 percent of 13-17-year-old are currently using electronic cigarettes. marketing clearly plays a large role. substantial evidence that tobacco marketing reaches and influences adolescence, being advertised as many of the same tools historical used by the tobacco companies, celebrity endorsements, models, and even sponsorships from a primitive but messages that are appealing to you, freedom, rebellion, and dependence. these marketing practices must of. america's pediatricians believe that strong regulation of e-cigarette our absolute the essential to protect children from the risk of these products. we support the fda regulatory authority to regulate tobacco products. would be a tragedy if we fail to regulate e-cigarette anyway that protect children only later the find of the

week caused serious harm. the message of america's pediatrician from on e-cigarette is simple, we have a duty first to protect children. thank you for the opportunity to speak your today. >> thanks you very much. now mr. matthew myers. >> i am matthew myers, president of the campaign. i am matthew myers, president of the campaign for tobacco-free kids. mr. chairman, minority member, members of the committee, i wanted thank you for the opportunity. we have worked with many of you for over a decade to help pass the law giving the food and drug minister shall authority over cigarettes, smokeless tobacco, and all of the tobacco products precisely to address many of the concerns, mr. chairman, that he raised today. the last several years we have seen a dramatic growth in the marketing and sale of e-cigarette. despite rise in the use of e-cigarette as you correctly

noted, little is proven either about their health effects or population impact. our core provision is responsibly marketed and properly regulated e-cigarette could benefit the public health if, in fact, they helped people switched off of cigarettes to either the exclusive use of these or quit the use of nicotine altogether. however, a e-cigarette pose a potential health risk to the public if they are not used by smokers or other tobacco users to stop smoking altogether, if they cause children to start or read glamorize smoking in the eyes of our nation's children, or if they discourage smokers from quitting by providing doses of nicotine that sustain addiction rather than help people quit. today and, as you correctly noted, as a result of the government's failure to act

swiftly in the most irresponsible action by the manufacturers and marketers of the e-cigarette companies the market place for that e-cigarette has turned into a true wild west. ..

>> >> today are virtually the same as those used by cigarette manufacturers to attract kids to smoking cigarettes. it is the battle we have been fighting and is slowly but significantly winning gets for the cigarettes today what do we see celebrity spokespeople with imagery like this and the use of sex with the cigarette companies with themes and images like this and the swimsuit issue of "sports illustrated" with placement

>> >> this is the same company that had the cigarettes and the judge found exactly the us -- the opposite that was the case and as you correctly said it is not a surprise we're just now seen the dramatic rise of views because in the last two or three years we have seen a fundamental change of e-cigarettes marketing and the amount of marketing. what we see is the star of a potential tsunami. because not that e-cigarettes are good or bad but the behavior of the e-cigarettes manufacturers and marketers causing the rise. it is not a surprise we have seen a dramatic rise in a ditch should not shock us if

we see that take off to unprecedented levels unless something is done to stop the marketing i have showed you. that is true with flavorings to turn the world upside down the exact same flavors that you quoted that prompted congress to ban flavors in the cigarettes are now found in e-cigarettes and we hear the same thing from them. these are not about targeting kids but here is a bottle of liquid cinnamon bun flavored i would pass it around your figures would stink and don't open it because if it touches your skin is toxic if you inhale it is toxic yet this is all over the internet with no control so it is easily available. baluch carry crushed is it a

surprise the debt already shows an increase of the flavors? the doctor stated at tobaccos company owned website and i could cite internal documents that says these flavors appeal primarily to young people. whether or not they may or may not help somebody quit smoking, we don't know. but we do know they appealed dramatically to young people angeles someone gets a handle on the marketing of these flavors, in a new study it shows the number of flavors has literally exploded in diking guarantee nobody does says they have to give regulated by fda to see if they unties the kids. in short, this hearing comes

at exactly the right time. an urgent need to step in to protect our kids. this is not whether e-cigarettes potentially have a beneficial effect, it is about the behavior of the e-cigarettes companies how they market and manufacture these companies. a must the fda acts rapidly than the proposed ad dirt mound dash regulation does not even address marketing or the flavors is not e-cigarettes so our kids will continue to be human guinea p.i.g.s. for the industry that has demonstrated no responsibility how it is marketed or who it is targeting its products. we urge you to take strong action to insure these issues are addressed. thank you. >> and now the president of

the royal subsidiary the market leader for sales and marketing with the e-cigarettes industry. >> chairman rockefeller and ranking member soon and members of the committee i am founder and president of lowe e-cigarettes it is my pleasure to talk about a new product that will play a role of traditional cigarettes. i tried my first e-cigarettes i saw a tremendous opportunity for myself and other smokers. i immediately saw this innovative product could provide an alternative to smokers who enjoy smoking or free struggle to quit like myself but don't want the negative effects of traditional cigarettes i became convinced e-cigs are

such a disruption as digital cameras were to the film industry. i am not alone to say the potential public experts have considered harm reduction into the production of risk of various for behavior's how it applies to protect -- tobacco we need an alternative policy that complements the station and different types of nicotine use of what the fda calls they continue will much of risk some carry less than others lacking combustion e-cigs are lower than traditional cigarettes that is logical because traditional cigarettes are very different. as one example of their differences are recent study found harmful constituents present in cigarette smoke run on detectable levels of

the blu ecigs. and our findings are consistent with other third-party research i have included a summary of this analysis. >> say that last sentence against. >> our findings to the harmful constituents? our study finds harmful constituents present in cigarette smoke run undetectable levels at the vapor of the blu ecigs and similar to the room air. we support science based fda regulation of e-cigs inner committed to working with the fda. to insure safety and that this is the adults only product, content and nicotine they bully could -- labeling to make sure we have responsible manufacturers like blu ecigs. of the preamble to the

proposed regulation is to be proportional to harm and one size fits all is not appropriate. we agree with a director for center of tobacco products when he said we have to have an open mind for the emerging technologies to benefit public health. but blu ecigs has not waited to address you access. but then to prevent minors from purchasing cigarettes and require verification from all online sales. marketing a product in the emerging market with a challenge to introduce a product that did not effectively exists in the u.s.. , we adopted strict and irresponsible marketing restrictions that have the clear and focused at adult smokers while substantially reducing huge exposure for

our voluntary restrictions such as limiting ad placement to media and defense were the target audience is at least 85 percent of adult match or exceed restrictions and as an industry leader these restrictions demonstrate responsibility. to reiterate our marketing communicates to adult smokers and e-cigs are a viable alternative. we previously provided with an explanation of the voluntary marketing restrictions we have adopted. we have concluded this explanation in our summary. they have potential to positively change the lives of all smokers of traditional cigarettes and reaching this ambitious goal has a new way of thinking with compelling marketing to normalize the behavior and as a result normalize smoking so adult smokers know it is a viable alternative.

further believe it is critical to keeping adult smokers who have switched to returning to more harmful combustibles cigarettes. they're likely the most significant product ever making less harmful products available as soon as possible should be a top priority. thank you. >> thank you mr. healy. and now the president and ceo of electronic cigarettes the second largest presence in the e-cigarettes market. >> members of the committee and mr. chairman thank you very much. i am the president and ceo of enjoi has no affiliation to the tobacco industry we are proud to state our corporate mission is obsolete tobacco cigarette and death and the disease of us left in its wake i like

to focus on what unites us and the company with the members of this committee and the dedicated tobacco control movement of public health record today when combustible cigarettes are no longer part of the combustible landscapes we are appalled at the toll it has taken it continues to take including 480,000 that die prematurely each year the evidence clearly shows new options are required in electronic nicotine delivery systems have the potential to play a critical role and give smokers who cannot or will not quit a positive alternative to provide the nicotine they are addicted to without the combustion of tobacco and by the surgeon general's report the burden of debt indices for tobacco use in the united states is

overwhelmingly caused by cigarettes and other tobacco products rapid elimination of their use that would reduce the burden. we addressed in the great suspicion caused by the 2012 entry into the marketplace while major tobacco companies have now entered the category as cigarette sales all they did not create this industry and most do not so combustion products. njoy was established more than five years before the first major american tobacco company purchased electronics cigarette company is independent of the tobacco industry and has no desire to promote combustions cigarettes. and queerer increasingly displacing cigarettes. reports from the cdc's survey with experimentation of use should be taken seriously however early

fears electronics cigarettes will entice them to initiate then migrate to combustion is unsupported by the data at this point. to be clear, no mitre should be using a nicotine containing product of any time. the maximum public health benefit will be achieved to mitigate the risks to the youth without constraining the ability to effectively compete with combustion cigarettes. billions on sales to minors that we are the first to support our essentials. we long supported fda regulations and and the issuance of proposed regulation is a critical milestone. cigarettes style advertising is not part of the proposed regulations subjecting electronics cigarettes to combustion restrictions on the direct unnecessary barriers to effective promotion to adult smokers. they are not going to purchase a smoking

alternative that they are not aware of it is important to realize they face the same advertising restrictions have as big tobacco that has a stranglehold on 40 million americans that smoke but still even responsible marketing should be consistent intended for adults smokers rather than kids. njoy television campaign friends deliverance mochas a clear illustration of this principle and we need more of this advertising. the information collected in 2014 on e-cigarettes the legacy foundation says that the data marketing of njoy is focused on reaching the goal audience. " end quote. according to the surgeon general 6 million of today's children will adopt smoking coming grow up and die

prematurely from cigarette caused diseases if present trends continue. the best thing we can do for the health of all children is to ensure they grow up in a world in which either their parents your adult role models are smoking combustion cigarettes. providing smokers you will not quit may be the long-sought solution to a massive public health problem that has cost millions of lives and more are beginning to make their voices heard in support of this technology we need to approach regulation in a manner that is guided by science rather than emotion or suspicion and there is too much at stake to do it any other way. njoy looks forward to working with the committee to doing away with combustion cigarettes. >> happy birthday. >> he is a tobacco and

health policy consultant. >> mr. chairman thank you for the opportunity to be here. i have spent much of my professional career dedicated to working in the public health arena and in particular the tobacco nicotine area. the coalition on smoking and i have been around a long time. i also feel that age. i come to give you my thoughts as well as and related issues that have come up on what is a dynamic most the charge and rapidly changing environment that includes a broad topic of how all tobacco nicotine and other products should be regulated including advertising and marketing. i and many others including the director of the product believes we're in a new era

the next stage to develop a more comprehensive workable approach nicotine products it could be as significant as fda oversight just a few years ago and it entails how best including e-cigarettes to hold significant promise to virtually eliminate the deadly combustibles cigarette and has to be done right. and that which would regulate products based on the risks and relative risks and intended uses. fda oversight has than - - science and technology has changed the equation and new entrants into the marketplace and consumers

have changed the equation. while there are many issues to be addressed to areas of focus, to mind. first we need to ensure that no one under the age of 18 should be able to purchase any tobacco or nicotine products to prevent the initiation and use of any tobacco product under the age of 18 this includes advertising and marketing intentionally or unintentionally to include a discussion of what should be placed on flavorings. we are a long way to a finance a public health objectives. wait to be sure the 40 million smokers are at consumer acceptable

alternatives to the deadly atoxic cigarette that is what is killing people. professor mike russell said people smoke for the nicotine but die from the tar that is what this discussion is all about. there are distinct differences between these products. one size does not fit all. we should have more focus research with both the public and private sectors to provide incentives and to encourage competition. and is rapidly and changing a tire of it is essential we approach the discussions it a more civil manner. that is with many respects and they appreciate your leadership there are

numerous stakeholders' involve that have differing views. for environmental negotiations holding a series of safe haven tobacco dialogues were individuals could discuss among non dash adversarial manner. first dating back to the 1990's the leading to changes sell led to the enactment of the tobacco control act. that was monumental. and resulted in the set of core principles to develop. additional safe haven dialogues are planned in the fda regulations also placed with stakeholders interested parties could make those

heard i believe the fda is also looking for new ideas the door is open and the fact there have not covered issues allows that discussion to start taking place within the agency as well. mr. chairman and members there is a balance that needs to be achieved for public health. we can deal with the issue of nicotine products as well as help millions of addicted smokers how we make some progress it is clearly not enough and that has been stated. i agree we need to think outside of the box if within the next tenures of a bite to see the number of children using cut by

75 percent a major shift away from the manufacturing of deadly toxic cigarettes of significantly lower risk assignments based products. those coupled with incentives and research and marketplace we can do well and save a lot of lives in the process. thank you. >> thank you mr. ballin. i don't know where to begin. so i guess what you say is you had a corporate board meeting? so the purpose is to reduce

cigarette smoking among adults. therefore you went to e-cigarettes as a way to so do? >> yes. the corporate mission is to obsolete the combustions cigarette. >> so that with the to the conclusion that you don't do any advertising in these magazines or television for those areas that would appeal? you would not need to do that because you have the different mission. >> that's correct really interested with adult smokers. >> no advertising? >> we do to the adult smoking so is that the kind discussed by a mr. myers? >> he did not hold that been the njoy advertisement. >> you understand what i am

saying to appeal to young people? >> i don't believe our ads at appeal to young people. >> life is easy when you can answer like that. you are on the record of there. to all the witnesses, not everybody has to answer, what appears to be the case but to have 9.5 million people that we'd the advertisements are those that see the advertisements but it is central to the

multi decade to prevent young people from becoming addicted to smoking and it is well established that nicotine is addictive ingredient in the cigarettes. solve mr. myers, would you agree that and did a sustained and prolonged smoking prevention and tobacco control efforts there has been an encouraging decline of u.s. rates in this country. >> absolutely there is so wonderful decline of rate of smoking that shows so low of 15-point 9% prevalence that is the lowest rate so to have cigarette smoking among the youth. >> e-cigarettes manufacturers say the target audiences adults smokers and

the use don't figure. -- the use don't figure but this gets so to the integrity of corporate culture. and what people will do when they're given the chance to make money. i am sorry that is so deeply imbedded that is why i start to say i am on ng motion of the with this whole hearing. but by blanketing of large media with advertisements are they also creating a risk to introduce a whole do generation? . .

with a i am so stunned by that

because the one and the other are the same. in other words you have to prove that nicotine is good for your health for a young person. how are they possibly saying that getting addicted on nicotine but they are not being -- >> there's two points. nicotine is dangerous to young people specifically while their brains are being formed so there is no such thing as a safe delivery of nicotine particularly the uncontrolled levels and these kind of things that we have seen for a young person. through the regulation we've shown it's possible to deliver carefully for adults for this period of time. what is going on for that e. cigarettes is that it is being controlled with flavors and no

quality control to say that doesn't pose a potential risk is in this statement. they kept to fight the general's report focused entirely on the toxicity of nicotine so it is a 100% true statement. nicotine is and what causes cancer but it is not a benign substance that's why it's always been regulated by the fda and why it needs to be regulated by fda in that e. cigarettes to protect the public as well. >> my time is up with my raging member i just want to give mr. healy a chance to respond to what i am depositing. >> thank you mr. chairman. for myself, being a father beside the business and do not want my product in the hands of children and it's something i think we take very seriously but

at the same time we try not to lose sight of the big picture of the 41 million smokers like myself. we also look what he voluntary advertising restrictions that were put in place but we actually got out of place in the tobacco act and we put those policies on ourselves and when we look at who's buying blue the average age is 51.1-years-old. i apologize to the ranking member. >> thank you mr. chairman. assuming that we all agree children shouldn't be able to purchase these products what is your view on whether he cigarettes have a potential to

produce harm of current adult smokers of combustible tobacco cigarettes switched to them? >> is regulated in terms of quantity how it is delivered and targeted to a current smoker that couldn't otherwise quite with levels of nicotine sufficiently so that they switch exclusively to e. cigarettes i don't think there is any doubt that there would be a reduction. >> what is your general view with regard to the science around he cigarettes? >> science is not settled and couldn't be settled because the product itself is changing. unfortunately we haven't had the kind of science for this that we require for any other product for the regulation of the fda. our adulation would welcome rigorous science so that if they

have the potential to help millions of smokers quit, we do the kind of science that we are sure that the product that we are selling to them will actually accomplish that goal. and the absence of regulation but we have seen with the nicotine levels of enormously different levels high enough to be of concern and then sometimes some cases so low that fear is it makes it too easy for kids to start. it is the principle of protecting our kids and how we go about developing that scien science. as you know in your testimony you agree with the director of the fda center for tobacco products recently said there is a continuum and risk for nicotine containing products. you also stated any should be on

the regulated risk. can you elaborate to find the appropriate balance in what we can do to further the dialogue in the scientific research. >> it is a direction of needs to be done into the research. there is no question about it. it needs to be done by fda internally, fda and other places coupled with universities and other academics. also the industry has a responsibility. i think that there was a statement made by someone earlier that there has to be accountability in this industry and i think that is the industry begins to regulate the products and if anyone wants to file an application they have to have the proof to back up. >> to also allow the claim or anything else we need to head in that direction very quickly. i agree with a lot of what has been set at this table.

another thing is i think we need to have an aggressive monitoring surveillance system. we talked about that for many years. in the public health community and in the fda. and i think in order to find out what is going on in the marketplace, we need to be able to tap into the industry documents if it is not proprietary information the fda needs to do a better job of coordinating efforts to see what's happening out there so we can take the necessary steps to take action. there is a lot of things that need to be done. there is no question about it collectively and responsibly if it is done properly, we are going to be able to deal with some of the issues that we talked about today. throwing grenades at each other and i don't think it's going to be productive and that is why over the years when i've come to the conclusion that when people actually can sit down in the room without negotiating anything and have a civil conversation off the wall -- off the record conversation, progress can be made. it may not be that until you

start talking, you're never going to find out. and i will say that again for me this hearing is beginning that process appear and i appreciate it. >> what concerns do you have about advertising and children and how has the emergence on the tobacco companies and that e. cigarettes field changed the market. >> i have the same concerns that many in public health have about advertising causing the line. i don't know where that is necessarily. but i will say that some of the things i seem bothered me is a political person but i don't think that banning advertising per se is the route to go because at the same time i think we need to be providing truthful and accurate information about what these products are and how they can be used. so i agree that we need to moderate this stuff which is what i just said earlier. there are things that give me

heartburn about what i see in the marketplace and i think we need to deal with them upfront and in a very honest manner. >> what are your companies doing to restrict advertising for children? >> as i mentioned briefly, we adopted a policy that we got from the tobacco control act. there are at least 85% adult that we got from the attac tobao control act. >> we also self regulate in the years that led up to the regulations will be advertised the programming that with the predominant audience whether that be on television or in

print. >> you are going to be a very good person as you are anyway. and i will yield to senator boxer because she is a committee chair and she is here. the senator is not. senator boxer? >> you are a very optimistic man talking about sitting around a table and resolving these things. we traded for the tobacco companies. the url that it took? they sat across there in a different venue in congress raising their hand and then lied at that point everyone turned and things begin to happen and we begin to make progress at that point. i just want to say we don't ask people to raise their hand because you just need to know and we all know you have to tell the truth because i heard a couple things here that are not true and i just want to talk

about those things. for example, i think mr. healy you said in your opinion this is the greatest invention ever to get people off of the other cigarettes. that's what you said. while, i ask unanimous consent to place into the record in the american heart association scientific journal have you seen this? >> i don't believe i have. >> lets put it in the record unless there are objections. and here is the deal. it pretty well reviewed. they say the health claims and claims of efficacy for quitting smoking are unsupported by the scientific evidence to date. and these are leading scientists. so you are to get a look at this, too because i don't think that you were active in your response either. i need to go on. i don't have time and i have to make some points here. my friends from the cigarette company comes you believe i'm sure that nicotine is dangerous

to adolescence, is that correct? and you are aware that the u.s. surgeon general during adolescence may have lasting adverse consequences for brain development and adolescents are particularly vulnerable to this highly addictive drug. so i just am asking you because you said that you are working to get adults off of cigarettes. that is your goal in your mission. have you ever had a conversation in your company and formally or formally with another executive? about how this product could be marketed to the non-smokers? >> i can say that i haven't had that conversation. >> did anybody in your company ever have that conversation? what is in your cigarettes?

does make her team, glycerin and flavoring. >> nicotine and i would add to the list. >> are you aware there was from ella hyde found in the cigarettes? >> we have tested our products and there is no from aldehyde in the products. >> we test them pretty frequently. >> and this had nothing to do with your company's? >> not for mine, senator, no. >> they were not testing our products, no. >> and you do not market to kids so here is my question. you sell your products in the cherry crush and vanilla flavors. cherry crush yet your parent company has a smoking prevention

website from your parent company that says kids may be vulnerable to try and e. cigarettes due to an abundance of fun flavors such as cherry, vanilla, piña colada. you sell cigarettes in those flavors. how can you sit here and say that you're not marketing to children? >> senator is a good question. >> what is the answer? >> the average age of a cherry smoker is in the high 40s. but also we found that flavors increase or it's already decreased the ability and the possibility of adult smokers who use the cigarette switching back. >> why did your parent company in their youth smoking prevention website say kids may be particularly vulnerable to try the cigarettes due to an abundance of flavors such as cherry, vanilla, piña colada and you sell them as three of the flavors? are you marketing to children?

who is attracted to cherry, very, vanilla? >> adult smokers. >> even though the parent company called you out on it, your company committed to the southeast cigarettes in the flavors and now wall street investors reports are going to be offering ten new flavors and more to come. what are these flavors, can you mention them? >> sure there's a variety of flavors, pomegranate is one. we have adult flavors like scotch for an example. i would say -- >> you have adult flavors as opposed to kid of flavors? >> we are not offering cotton candy or gummy bears. >> what are the list? >> i don't have them listed here. i could probably remember them off of the top of my head. succumb in addition, there is

vanilla bean, there's also p. g., there is also -- >> since i don't have time because my time is very limited, what you make that available before the end of the day? and i just want to show the flavor that we see in the cigarettes. he said before he that he wasn't going to buy going to ask the advocacy people hear the b. and do you think that cotton candy is something that is attractive to children or adults? >> i would argue that it would be effective to children. >> what about gummy bears? >> i would agree and the evidence shows that to be the case. >> scott for the east cigarettes as an industry to proclaim that they are not advertising to kids and they are choosing these

flavors and we don't know yet you don't think that they attract kids you are wrong. let's look at some of the advertising these are cartoons. do those look lik like they are aimed at children or adults? >> i would agree that would look like it would be appealing to children as there are movies that are featuring the smurfs. >> and i can attest to the fact that the biggest movie now is frozen and it is let it go and they have a logo but it grow.

i'm saying to my chairman whether it is his birthday or not his birthday i share his views on this and i'm asking you to look into your heart we don't know if this product gets people of cigarettes yet. it's not proven, number one. so don't think that you're doing a great mission and then don't say that you really care about kids and you go against your own parent company advice and start using these flavors. i have some of these flavors here. i'm not going to touch them because they are like poison, seriously. gummy bear pink spot. rocket pop. cotton candy. we are seeing a repeat and in

this committee we get it. i have a lot of other questions i will put forward for the record, but i think all of this is very important, and i know the people in the industry you can talk yourself into anything. when i was a young woman, doctors said smoke a cigarette. it will calm you down. thank god my mother said not on your life. don't be a part of this because you will regret it. >> senator blumenthal? >> like the previous colleague, i am tremendously respectful. i'm not going to go so far to say that i am a during that we love you and happy birthday. >> your daughter is great. like all of your children, they are a better generation to generation.

so, but i also want to thank your staff and our staff for the excellent work that they've done in putting together this really profoundly important hearing, and it does have a very haunting feel. the difference is that you -- i find in his testimony defense of denial that i cannot accept and the reason is that it is defined by the numbers. the latest report by the legacy foundation shows 18 million teens were exposed to blues, print and tv ad within a six-month period allowed. it shows that they are reached 3 million teens.

it's the logical effect of what they do and they know those effects and you know that you are reaching children and teenagers. i've seen th a movie before. it's called big nicotine comes to children near you, and you are using the same kind of tactics and promotions and ads that were used by the big tobacco and proved so effective. i want to show you for example want to begin with you can see our old friend and our new friend. anybody recognize mr. cool ex-

>> i do, senator. >> are you denying that he appeals to teenagers and children? that illustration was not a commercial. it was pledged on our website for our consumers. it was an education piece. it wasn't in any way designed to represent your company. that is the testimony. are you denying that it represents an official act of your company? >> what i'm saying is that wasn't a commercial. it had education pieces that were aimed at our consumers and now we have taken it down because when i have objections to people said to me i think this is inappropriate, i disagree the messaging wasn't aimed at the children.

>> inappropriate for the tactics that you substituted are equally so. you are one step ahead of your critics. let's look at the next visual if we may. >> now anybody recognize him? iab leave that as robert patterns in. >> what does he have in his mouth? he looks a lot like mr. cool doesn't he? do you did i in your testimony today that this ad and the use of teenagers. he's a 28-year-old adult smoking. >> your testimony is that adult role models have no appeal to children or teenagers and in other words if they are older than 18 they have no impact on

people under 18? is that what you're saying? >> i'm saying the target is to reach adult smokers and being able for them for the adult smokers to see other smokers that perhaps they admire are using an alternative to toxic cigarette that is a good thing. >> b's ads and thesthese ads ans are designed to appeal to children, and again they are not only reminiscent, they are really duplicate it in my view of the tactics adopted by the big tobacco. you've taken the playbook and modified it to a noncombustible nicotine delivery mechanism. dot cigarettes or potential health effects which i find

somewhat difficult to accept on the evidence we have so far. it's about the marketing and promotion tactics. you celebrities like robert patton and images like mr. cool and others that i hope perhaps we can reach on a second round of questioning, but in my view the evidence is undeniable that you are seeking not only to normalize that impact to glamorize tobacco use and that these products for many children and teenagers will be a clear path and gateway to combustible tobacco use otherwise known as cigarettes. my time has expired and i apologize mr. chairman. and i hope that on the second round of weekend here more. >> you've been doing this a long time, senator blumenthal. senator klobuchar.

>> thank you chairman. i'm a former prosecutor and i like to look at the facts and the first fact is that senator blumenthal mentioned that stuck out to me is the recent study found that almost 2 million kids have tried these e. cigarettes. that is a problem right there. have you gone to both movies? >> yes i have. >> have you been in the theaters to people that read the books for the most part are girls and i've seen this many times because i got to be about two in the morning when they do the premiere and all of the girls go to see the movie and this is a happy birthday to robert patterns and i noticed that would senator blumenthal mentioned here do you think that really appeals to me or senator blumenthal that we should wish him happy birthday.

>> he is an adult and movies that appeal to kids and that is what matters to me because this is a marketing technique. the third factor that i want to move to is the flavoring issue. and i don't understand why when regular cigarettes they can have flavors, right is that correct? they have been banned from having flavors? i guess i don't view why were they banned from having flavors? >> they were banned because congress determined after substantial evidence that they mostly appeal to younger people? >> so i don't understand why you couldn't have your products without flavors. >> we view every decision we make through the lens of what is going to help us to publish our mission and so because we are only interested in adult smokers we have not yet sold any products that contain any flavors and still as of today we

don't so it is a disposable company offer we conducted research to ensure that the greatest degree possible we would not appeal to the non-smoking youth with the flavors that it would provide so we are trying to understand who uses our product with the goal of appealing to adult smokers without appealing to minors and we were satisfied with the results we would be happy to submit for the record the research was conducted who is present here today and is willing to answer questions to you or your staff. ..

>> >> i completely agree.

as the 70 year-old looking at the you to the videos we look at page verification with e-cigarettes it is aware darr comparable to the set of requirements for cigarettes. it is a dual standard. and what you have is to a million kids and growing you have marketing of the flavors from past to cigarettes that is the very reason why we began to flavoring in regular cigarettes now this is happening again like a "groundhog day." the third thing also social media it is a great way to reach use also if there is a

naked of their phone costlier texting and then in a half to tell you most people over 50 will not know who robert patterson is as much as you would like to think it now he is 28 years old and just to bieber is over 18 and even he is over 80 dead and think anyone will think that it that is marketed to adults thank you very much so when you looked at all these factors there is heavy duty marketing. >> i will sneak a question in before senator nelson.

>> i started at 23 and a fair amount of time. >> you are using e-cigarettes to get rid of your cigarette? >> how long have you been doing it? what do you notice? >> to be honest. >> i think you are all talking into the clouds in terms of facts. saying something they should not be saying but it to your credit you're trying to get off of tobacco so how does the ted help you do that? >> maya and personal story i was smoking a pack and a half of cigarettes per day but now i will smoke five

tobacco cigarettes per week or sometimes nine and it makes it very difficult it was not my intent necessarily but it is difficult to go back as consistently as you were. >> today allow distributing of free samples to kids? blu ecigs distribute samples to verified 18 year-old or above smokers. >> have you know, they're 18 or above? >> they have machines to provide their state driver's license and then the first question they are asking is are they a smoker? if they say no their experience evans if they say yes then they can acquire a

simple. >> so you think that is a virtuous and do your serving? >> i think we should be responsible when handing the product to someone. >>. >> mr. chairman as usual you have picked a hearing on the important topic of the day i want to ask the doctor you testified there was a recent increase of nicotine poisoning cases of young children. are these may be coming from children getting into the refill bottles of liquid nicotine? or do you see the poisoning cases from the disposable e-cigarettes? finigan fortunately we don't have that level of detail but the trajectory of calls

have been increasing very rapidly with 251 calls in just a month of february we don't have that detail that says where they come from but the greatest likelihood is for the kids to get into them. >> you also note there are no standards for governing child proof packaging for the liquid nicotine bottles and mr. chairman i would like if not already injured -- and entered into the record, it is a photograph of liquid flavors, a banana split, cotton candy, kool-aid grape, skills, sweethearts, a gummy bears, fruit

loops, rocket pops, hawaiian punch, and would you support giving this cpsc or the fda express authority to enforce child proof packaging? with all those liquid nicotine containers? >> it would protect from these nicotine containing products is and everything else in your home has a child save cap whether bleach or medications are all contained in something harder to get into so they don't have toxic exposures to last for your help if the fda has regulatory authority although not commented on and i was encouraged as a

committee to please help us this cpsc should consider if possible to include the oversight this as a toxic product at present they are excluded from packaging regulation but perhaps that should be revisited from other tobacco products. and it actually has a picture of the bears on the label. you have stated mr. weiss there should not be restrictions on responsible advertising for other types of the nicotine paper products what is responsible and what is irresponsible advertising in your

industry? >> it is trying to reach more than 40 million over 400,000 is probably to read joe's people to do get them off the toxic products it is irresponsible thing to do to use the cartoon characters or images to target children >> is there responsible to show the e-cigarettes that looks like a combustion is cigarette? >> if you ask most smokers they think electronics cigarette is very complicated and it was important to communicate that it was possible to the

curb product and then they transition from one have it that was the other potential with reduced form. >> for the adults but what about the kid looking at the advertisement if they don't know of that sophistication? >>. >> that is why we have a campaign friends don't let friends smoke that is the campaign that i think the public health community should support. >> that is where you will run into problems of the public sector we have been through this with tobacco and children we have seen how tobacco companies have tried to hook children

through the seductive advertisements because once they get them as a child it is tough of through the life to get off of it and i think he will have significant push back on lending and imploring those to. >> senator for give me of the power structure has arrived. [laughter] the power structure is your with coffee and we will give the presentation before this started but he was doing some saying that requires use of power so can we yield for a moment? very few have a right to remain silent.

[laughter] >> i spoke on the durbin amendment on the house floor that was the of first amendment smoking on flights to hours or less. so now we are here with a historic figure. and i am sure it is a historic presentation. >> '01 two thank said chairman for his kind remarks and i want to submit my statement to it acknowledged the presence of matt we have been under a struggle for the long time for saving kids from tobacco and what it does. we know with addictions start as an adolescent. it may have them for life.

back in the day it was bold faced marketing with joe camel. said the becoming addicted to the end of their healthy life if they were not careful. it was just an accident and all that marketing is appealing to kids is hard to understand or believe for a look at the members e-cigs uses on the rise and cdc released a report that one year through 2012 the percentage of middle and high school students using e-cigarettes more than doubled their would have had to believe this is an accident those reports using

e-cigarettes this was not about the way of finding a way of smoking but that this was the gateway to nicotine addiction and smoking the new study goes even further as madeleine high-school students are more likely to use traditional cigarettes them less likely to stop smoking. this comes from pediatrics according to the surgeon general's report many of those that are word casual smokers to want to be daily smokers. i will not give the whole statement that there is one part i want to refer to because that harkens me back to an era senator marquee that he would remember well, 30 years ago had you could recall when the seven tobacco companies appeared in the house and took an oath that cigarettes and tobacco were not addictive.

now one of the executives are bad card read the don't market to kids will love the that analysis published in the journal of pediatrics. exposure chirrup e-cigarettes marketing by children 12th 17 rose 256%. 24 million kids saw these ads and that is an accident in the world of big business. it accounted for 80 percent of this advertising targeted at 12 for 17 years old. it is the same battle mr. myers. they want to object to these kids this time to the e-cigarettes with a chemical that is addictive and we know what it leads to. sadly, tobacco addiction, a disease and death. i don't believe there is a case to be made for e-cigarettes to be sold to children.

i hope this committee feels the same way. >> thank you, mr. chairman. just going back to dick durbin was a historic debate on the house floor the beginning of smoking on airplanes paul in the united states in we are still into your debts for that day changing the course of history. my father died from lung cancer and smoked two packs a day. he told me at age 12 he knew i would be starting to smoke very soon and said to be at age 12 that is the year he started to smoke and he was urging me not to as was my mother at age 12. because my father knew then that when he started smoking may be 1930's the same thing

would be true for me. that is when the temptation is greatest and we have to be the most aware of it because marketing to them makes a seductive than once you got them, you got them for life that is why we're having this hearing because the marketing, the of the word is so superficially attractive we know all of history tells us it is targeting at young people and i missed my father i wished she never smoked two packs a day the he could not break the habit. so we know technology is a very good day we have transformed rotary phone into iphones and sunlight into electricity but some things do not need to be reinvented repurchase that have no societal benefit and

the cigarette is one of them but yet. >> host: exploded into the market place known as advanced nicotine delivery systems, vaporizers, e-cigs. these products are designed to appeal to youth more accessible and marketed to the youth. because of this year focused on a real visitation of the history books if reno what happened in the past and what is happening right now. after more than four decades of research there is a fact that nicotine is addictive and affects brain development and is responsible for cleaning millions of lives. these facts are true and word decades ago the is falsely were denied today's sales alone tops one million dollars of e-cigarettes

produce of high-school students doubled in just when your and more than 20 percent of medical school -- middle school kids aged will serve 15 have never smoked a traditional cigarette. this is not surprising when one considers the way the product's market to use or how the products are available in a myriad of flavors from cotton candy to kool-aid grape the old cigarettes claimed it left the clean fresh tasting in the mouth but today e-cigs promises a gift for a share in the 40's they promised freedom from throaty irritation and others advertise the touch of freedom that equate smoking with women's rights but today blu ecigs has a campaign called take back your freedom promoting use of their products wear

traditional smoking is not allowed. in the '70s advertising executives suggested walking a fine line of packaging to insure it was geared to attract the useful i not the ever watchful eye of the federal government. cotton candy favored liquid can contain just as much nicotine or sometimes more as a traditional cigarette. jerry crash e-cigs is the same addiction and risk of the joe camel's of the seven days and we know from years of research that flavors attract young people the younger a person is when they start to back to use the more difficult it is to stop. by then they will not start

if not by 819. you have to get number 419 because of the social pressure is no fonder effective. you have to find replacement customers for those who have died. so dr. give me a yes or no is the nicotine present in the e-cigarettes any less addicted than traditional cigarettes? >> no less addictive. >> mr. weiss and mr. healy do you agree that your products are just as addictive as traditional cigarettes? >> i agree they do contain nicotine and that is addictive. >> so you agree? >> yes. >>. >> so go back to mr. myers was possible argument can day make to keep them on the

market? >> is the reason we are concerned of the marketing we have seen with the use of flavors rethink traditionally better shown touche children. >> those children would not think of me being e-cigarettes despite the social media promotions. >> other examples including images like mr. cool bring back flashbacks of similar strategies used by traditional tobacco companies. to you think these images could appeal to young consumers? >> no question about that. our concern is a generation that has been protected from this kind of advertising. >> is it a coincidence it is called cool like kool

cigarettes with the letter k was meant to be the entry level like a camel but a softer injury to go cool then move on to the carter cigarette? >> requires a level of disbelief that that could be a to residents. >> cool was the word then and now and each time it tries to get the young kid into a pattern of smoking cigarettes. >> do you agree? to entice a kid to do something that is, will that will lead to real health consequences for that person? >> absolutely not. are our product is intended for adults smokers i understand the opinion if we created smoking. we didn't we created our

product for smokers to get them away from combustions cigarette. >> it your testimony mr. weiss and mr. healy repeated the state the target are dead -- audiences adults may continue to hear will your companies commit to not using these types of materials the would appeal to children? we agreed not to use that type of advertising. it was used was of boy. >> we know why young kids would sit there with smokes the kool cigarette first so do agree not to use that going forward in the future? >> we have removed at least one uriko to ever doing that again. >> will you commit to not using any types of cartoons in the future? >> no cartoons in the future you commit going to your

social media sites to erase any past images as those that appeal to those that are young kids? >> absolutely we will and continued the to do so. >> we already have. >> so several brands use the impression that he tanner way to eliminate traditional cigarette use altogether this is been acknowledged by the legacy foundation the reports some focus their message more responsibly on smokers with combustibles use so let's review a recent television ad by the brands that has surged in popularity. >> ♪ to the land of the free. to independence. to happiness. to freedom of choice.

there was a time when no one was offended by it. that time has come again. electronics cigarettes, rewrite the rules. >> so the closing line at the time and no one was affected by it, just smoking with other people have impacts on them but that time has come again says that advertisement the messages promoting smoking as a new favorite pastime for young attractive consumers. based on your review do you have any concerns that these products are glamorizing smoking in general? >> i do. it is clear many images are quite clever is a and attractive better take in hall lesson from the 1950's playbook that is of concern

and an brendan people see these ads to use electronics cigarettes it is indistinguishable for person to make the distinction between what is someone smoking for sis' someone who was vaping my kids know what i do i show them pictures and they say what are they doing? there is smoking a cigarette so it is very difficult for kids to understand there is a difference so we are seeing a reid normalization of that image and behavior it is glamorous and sexy they have cute models who are vaping and our kids don't recognize the difference so it is a cause for concern. >> do you agree blu ecigs tagline nobody likes of quitter could encourage nicotine use of for those that would quit altogether? >> that is a significant

concern with dual use rather than quit completely the combustible tobacco products >> many collect data and to better serve with the demographics? to make yes, sir, we do could you provide that information about your current users to the committee? >> we could give you the total. >> would you do the same? >> i think we'd know what is going on. we understand advertising who it is marketed to to get someone under 19 are you have lost them as a customer. so i think he for this hearing but that is because

my father knew he made a big mistake but this is just the avoidable catastrophe t make sure other young people were not protected the way i was bitter not made foldable by the marketing of these companies like cigarettes used to be. >> we will have a second round. >> that would respectfully request the second round. >> i will give my conclusion i think this poll saying is nothing more is all about the money.

i think it is a and creative, nasty, it is like pornography in my mind. what is to depict between one and the other? would you are doing is more dangerous. i am ashamed of you and i don't know how you go to sleep at night or what gets you to work in the morning. except the color green of dollars. i have never said anything like that before but never in my 30 years on this committee have i ever heard testimony such as given buy you or user because you say we could just get good people together so goes settle that then come back and talk more realistically. you are what is wrong with

this country. and the profit motive is good but only if it is aimed at something to the general benefit of the public's because the public likes to be entertained. i cannot say professional basketball is necessary but people like it so let's go ahead. but you don't have that late -- the way it is just the dollars to the many. the 256 percent increase over two years and you say it is only for the adults? when everything else that has come out of this hearing says otherwise. i think it is dreadful. i yield to senator given false. >> thank you for giving us a

second round of what to join senator durbin and for his longstanding efforts in this area and they have worked for a couple of decades on and nicotine addiction to tobacco use which are a continuing problem let us never forget despite the fact this hearing is on e-cigarettes that the evils that remains as the primary cause of death and addiction and if there is a redeeming fact about your product about the possibility and offers a quick mechanism may be a glimmer of hope.

and the pitching is that bring us here today. that we begin the second round of questioning in the war with the big tobacco? that produced great advances not alone it took an act of congress to take another step in we have more to go but would you be willing to come together to sit down to reach a settlement and agreement and protocol that stops any pitches or

advertisements that appeal to children or teenagers? >> will answer for it njoy we do not want to attract anyone that is not an adult smoker and we have committed to the regulations for the category for them to make the site and space data driven. >> to join in talks, a specific discussion with other players just as happened in the tobacco area to produce protocol and agreements to avoid use of television or carry blunt dash cartoon characters to require a to the vacation a point of sale we would be

willing to have that conversation. >> of course. >> is the attractive means to reach children and i am asking you to join in conversation that wouldn't least consider what is true of the tobacco industry i would welcome the ability to sit down and discuss it is not my intention to sell this to children there is 41 million smokers white can discuss all possibilities. >> we are not talking about that it is not what the

studies have done that we discovered that despite its all the claims under oath that the marketing tactics rain that children to appeal to children. said this hearing is not your intentions but the effects of their marketing strategies and promotions and use the - - use of celebrities and you would recognize this individual and you know, what products she is using? at blu ecigs. >> would you deny that this kind of promotion and appeals to teenagers and children? >> i would deny that.

even though she is a celebrity you would deny any appeal to teenagers or children? >> yes i would. >> would you say she is smoking in this promotion? >> she is vaping. >> so to go to the point earlier you don't see any confusion between smoking or vaping? >> of course, there is but in order to defeat tobacco and cigarettes we have to appeal to smokers. >> and the official document from your company or from your web site as part of what you have called the smoking prevention program.

>> know i am here to represent blu ecigs. >> it pitcher parent company? >> i don't know what it is you are showing. >> can i have one of the staff? >> i the way could i have all these documents made part of the official record? thank you. >> day recognize that document? >> i believe it is from where they sponsor but it is not responsible for the messaging but i am here to speak for blu ecigs. >> if it is the document on the web site you say they are not responsible for its? >> this is not their website in the end it is not a mine in the -- to there.

>> so not part of a of real parents real answer is what you need to know about e-cigarettes? you assume? >>. >> you have never looked at the site in depth even though you were here representing blue? >> correct. us someone who has never seen its before it says for the first time in 43 years smoking ads are returning to television with advertising. and you have to except by representation that this is part of peyser presentation called real parents real answers think it says smoking advertisement is

returning to a tv. is that yours? >> some of them. >> kids may be vulnerable to trying e-cigarettes to to the abundance of fun flavors like cherry bonilla and barry and pina colada. but as a warning about flavors? >> that is the person who created its. >> and the it could be than the you have not seen it? >> they did not create the sites they sponsor debt the bottom and says it is the opinion of the doctors. >> but let me show you a couple of charts on flavors. would you say this kind of promotion and appeals to

children? >> it is completely appropriate and i agree. >> that is what the industry does? yes or no. >> is one brandon particular it is not what i do. >> wouldn't you agree as a'' responsible marketer, and is in the business to sell these products with the industry-wide agreement to be of those cartoon characters would be a good thing? >> i agree. >> delete mitt to come together to reach another master settlement agreement that provides for a day and on this type of inappropriate marketing, the use of people like jenny mccarthy, sports and rock concert sponsorships, all of these protocols with the

result of the tobacco industry? would you agree? >> i would agree to sit down to discuss how we effectively eliminate tobacco but not to discuss how i relinquish my first amendment rights to this focus of the big picture that we could eliminate tobacco the hispanic mayor suggest respectfully that i've would have more respect for all of the answers knowing that you are the messenger you don't make policy your companies would commit to make yourselves part of the solution not the problem i just want to say again i am not passing judgment on your product and there's not

enough science to draw conclusions yet. i view it skeptically but i am not passing judgment on the product but on the marketing and promotion which creates a clear and present danger of a dictator and a third-generation -- addicting another generation to nicotine that is among the most powerful addictive drug known to man. and in fact, the ingredients of cigarettes makes them so pernicious and insidious because it looks the user to a device that kills them. cigarette kills people and if your product is a gateway to cigarette use their aiding and abetting to

killing. i hope you rethink your answers and we will have another forum where we can revisit some of these issues and we can move constructively to some type of solution. thank you, mr. chairman. >> senator nelson's? >> earlier in my comments i noted the toxicity of the concentrated nicotine in the e-cigarettes refill liquid. let me ask a to a gentleman mr. weiss and mr. healy in addition to the nicotine what are the other ingredients of the liquid nicotine? >> speaking to the blu ecigs product the key ingredients are glycerin and vegetable glycerin, distilled

water, nicotine and natural and artificial flavors. >> also with our product. >> other than the nicotine are those harmful substances ? >> when we test products and we support the fda product potentially harmful testing for these products and we are submitting our results to the fda and are comfortable with the results that they are zero orders of magnitude safer than combusted cigarettes. >> but as to the substance itself, a harmful or not, i did not understand your answer. >> the substances are generally regarded safe in foods than they have not and tested of insulation or epidemiological studies over

large period sometime. >> do you make a complete listing of all these substances in the liquid available to the public? >> yes. it is on the web site. >> i would note for the record and ask that it be inserted it is brought to my attention here is a billboard at christmastime in miami on i-95, a picture of what appears to be a santa claus like figure. i don't always vaping but when i do i use this. chris kreme goal. so you were utilizing the

seasons of the year, i would add this to the record mr. chairman of very attractive model all promoting these products. >> thank you all. the hearing is adjourned. [inaudible conversations]

stem vector around the world science is focused on this great catastrophe unfolding because of man's use of fossil fuels.

it was not all scientists and environmentalists in the consortium of love people for those that burn fossil fuels to put the country's and "this is it." and the scientist were invited to places around the world to file phase great reports as the entire focus was passed around the world and it became a great concern. >> then called for is that inconvenient truth that is the movie with the

inconvenient truth and then they receive the nobel prize. then the scare has peaked >> we believe there is a legitimate scientific debate with the effects of climate change is no legitimate debate over man's contribution. the models of the world predict rising seas with more frequent storms those

predictions we see in packs already says the notion of swords the car bin from mobile sources we thought the lotion -- ocean was our friend. it was with said dividend amounts of carbon. it is the acidity of the ocean to rise led it is a similar jay from fossil fuels that contribute to planetary warming

>> april 29, 2014 the supreme court heard oral arguments of the case brian levy california dealing with the unreasonable search and seizure provisions of the fourth amendment. coming seven shooting investigation and the question is if the evidence from the cellphone gathered without warrant is admissible here to unpacked all of that is mike doyle from mcclatchy what are some of the legal arguments we would hear? >> it is the age of the

mobile internet and the ability of police without a warrant with up to a judge or arbitrator to take a cellphone to go to millions of pages of text and hundreds of videos to use the evidence and the prosecution of a potential criminal. >> how often does the fourth amendment come up? >> is a constant battle. they have to decide if a search of a passenger in a car if a passenger in the trunk or a drug sniffing dog can go on the porch of the house it is a mother lode of constitutional questions this is the 21st century the digital era of and meets the septuagenarians of the us supreme court. >>.

>> it is presumptively the case the reasonable search and seizure requires a warrant there are certain exceptions and this is the search incident to an arrest somebody that they have arrested by weapons to avoid destruction of evidence but they have to figure out does that have exception to the normal requirements include rifling through smart phones? >> here we go riley v. california. >> your argument for supporting case 5132 riley v. california. mr. fisher? >> mr. chief justice of five it please the court this case applies the fourth amotection of the fourth