to get the taliban to the table for a comprehensive discussion with the government of afghanistan. today, i think what we have to understand is that it is a primarily political the ascension of sunni extremists, the so-called isis group, is taking advantage of the breakdown in political dialogue and the total lack of trust between the government, the sunni leaders, and the kurdish leaders. >> more with hillary clinton saturday at 7 p.m. eastern and sunday morning on book tv. >> president obama nominated former procter & gamble ceo robert mcdonald as his pick to head the veterans affairs department. if confirmed, mcdonald would replace eric shinseki who resigned may 30.

this is 15 minutes. >> ladies and gentlemen, the president and vice president of the united states accompanied by bob mcdonald. >> good afternoon, everybody. please be seated. let me start by thanking acting secretary gibson for welcoming us here today. i'm pleased to be joined by our vice president, joe biden, from leaders across this department

and our many partners particularly representatives from our incredible veterans and military family service organizations. i want to begin by making a basic point. those of you who serve here at the v.a., do absolutely vital work every single day for our veterans and their families. i know how deeply you care about our veterans. many of you are veterans yourselves. veterans serving veterans. you help them transition to civilian life, college, a first home, and start a new business and you have some of the best doctors and provide some of the best specialized health care. in our national cemeteries, you lay our veterans to rest with dignity and compassion. i know that millions of veterans are profoundly grateful for the good work you do and i am

grateful as well. but we are here today because of problem that have outraged us all. that includes the inexcusable conduct we have seen of too many in the v.a. health care facilities. i'm here for two reasons. to update you and the american people on how we are fixing these problems and announce my choice for the next secretary of veterans affairs to move things forward. the first thing everyone should know is those responsible for manipulating or falsifying records at the v.a. and those who tolerated it are being held accountable. some officials have already been relieved of their duties and investigations are continuing. as i have said, where we find misconduct, it will be punished. i have made it clear i expect the full cooperation for all investigations into wrong doing. second, we reached out to 135,000 veterans so far to get them off of the wait lists and

into clinics. we have added more staff, sent mobile medical units and we are making it easier for veterans to use hospitals and clinics outside the v.a. we will keep at it until everyone of our veterans is off a waitlist and received the care that they have earned. third, we are moving ahead with urgent reforms at the veterans health administration. that 14 days scheduling goal has been removed from employee evaluations was so there's no reason to engage in inappropriate behavior, providing the highest quality care for our veterans need it, that is your incentive. there will be new measures of patient satisfaction from the veterans perspective. today's out dated scheduling system will be overhauled with the latest technology. more broadly, the review conducted found and i am quoting

-- significant systemic failures, including two little responsiveness, transparency and accountability. that is totally unacceptable. it recommends the vha be restructured and reformed with stronger management, leadership, and oversight and more doctors and staff and i totally agree and we are going to make that happen. i have asked rob to remain at the v.a. to help move these reforms forward. hiring new leaders has been frozen, vha leaders. to make sure the new team we are putting in place is the right one. based on the recommendations of our panel of experts, i will be nominating the next leader. i want to get the very best leader on the job and get going on these reforms and we're going to work with congress to make sure they have more of the doctors and resources they need to deliver the care veterans deserve.

fourth, we are instituting a new culture of accountability. the very idea that senior vha executives would receive bonuses this year rightly appalled many americans and those bonuses have already been canceled. a review is a underway to make sure when employees become a problem that action is taken, not to retaliate against the employee but fixed the problem. everyone is going to be held accountable for doing better and congress can help by giving the secretary more authority to remove senior leaders. finally, we are rebuilding our leadership team at the v.a. i want to thank sloan and others here who have stepped up to serve in new roles during this critical time. i have to say, you have been an outstanding driving force in the reforms underway and we will be relying on your steady hand during this transition and through your continued service

as deputy secretary. i know all of you will have an outstanding partner and secretary in my choice to lead the v.a. going forward. one of our nation's accomplished leaders and managers, robert mcdonald. i've gotten to know bob a bit over the years. he has come to the white house to share perspectives as we work through complicated issues. he is no-nonsense, pragmatic, he does not seek the limelight. he repeats the japanese saying -- he worked and lived in japan for six years while at procter & gamble. the saying goes he who climbs mount fuji is a wise man, he who climbs it twice is a fool. bob actually climbed mount fuji once. bob is a wise man. [laughter] if you need any more evidence that he is wise, you need to

meet his family who are here today. they are a wonderful family and they have served along with him in the past. for bob and his family, the mission for caring for our veterans is deeply personal. his father served in the army air corps after world war ii. deanne's father was a pow. her uncle was exposed to agent orange in vietnam and still receives treatment from the v.a. this is not an abstract mission for them. bob is a veteran himself. he graduated from west point, where he and sloan were classmates, so this is a bit of a reunion. bob served as an army ranger in the 82nd airborne division. back home in cincinnati, he and deanne teamed up with the uso to honor our veterans. but, what especially makes bob the right choice to lead the v.a. right now is his three

decades of experience in building and managing one of the worlds's most recognized companies, procter & gamble. the v.a. is not a business, but it's one of our largest departments. some 340,000 employees working more than 700 abilities, serving nearly 9 million veterans. the workload at the vha alone is enormous. some 85 million appointments a year and some 25 million consultations. as ceo of procter & gamble, bob oversaw more than 120,000 employees with operations around the world, selling products in more than 180 countries and more than 2 million stores reaching 5 billion customers. in other words, he knows the key is staying focused on the people you are trying to serve. he's renowned for his operational excellence and started his career in the field and worked his way up, serving

at virtually every level of procter & gamble. he understands grand plans are not enough and what matters is the operations you put in place and getting the job done. bob is an expert at making organizations better. in his career, he's taken over struggling business units. he knows how to roll up his sleeves and get to work. putting an end to it doesn't work, adopting best practices that do, restructuring, introducing innovations in making operations more effect. in short, he is about delivering better results. he also knows the importance of opening a high-performance team, putting the right people in the right jobs, rewarding them when they do well, and holding them accountable when they don't. finally, bob is known for his integrity. he is still guided by the cadet prayer from west point -- choose

the harder right instead of the easier wrong. he served our country in uniform and is now prepared to answer the call once more. so, let me say the obvious -- this is not going to be an easy assignment. bob knows that. but like any army airborne ranger, he has a reputation for being ready, jumping into tough situations, taking charge and going all the way. on behalf of all of us to you, and your family, think you for your readiness to serve again. my bottom line is this -- we've got to change the way v.a. does business. over the past five years, this agency has done some excellent work in dealing with a whole range of difficult challenges. i don't want people to forget that. we have had a huge influx of returning iraq and afghanistan veterans. we have had to manage what was a good decision to make sure folks

who previously had difficulty accessing services were finally admitted, whether because it was they had ptsd or folks with cases of agent orange, all of which meant more people coming into the system. we have had to get up and running and we are doing it quite effectively in terms of the post 9/11 g.i. bill to make sure our young people are able to get the training they need after they leave our military. so, across the board, there has been some terrific work. but there is a lot more that has to be done. we have got to fix some things that are broken and sloan started that process but we have to keep on driving that until we get done. we have to regain the trust of our veterans with a v.a. that is more effective, more efficient, and that truly puts veterans first. bob is the manager we need to help us get this done,

so i urge the senate to confirm him as soon as possible. i also urge the senate to finally confirm my nominee for cfo, my nominee for assistant secretary for policy, linda schwartz, my nominee to lead the board of veterans appeals, constance tobias. they have all been waiting and waiting and waiting for a vote. in the case of constance, for more than a year. we need them on the job now and congress needs to act and do right by our veterans. we've got to do right by veterans like corporal kyle carpenter. some of you may have seen the story of kyle -- i recently had the privilege of presenting him with the medal of honor for his actions in afghanistan, where he used his body to shield his west front from a grenade last. kyle spent two and half years in the hospital.

he endured nearly 40 surgeries to rebuild his body and his face and has gone through rehab. to see him standing in the white house, strong and proud, receiving his medal of honor, was something i will never forget. it was an inspiration. today, kyle is medically retired so part of his journey involved the v.a. he's now in college and with the help of his educational benefits, it's an example of good work the v.a. has done. on the other hand, his experience with v.a. has often been frustrating. he said it was ok that i share this with you today, so i want to use kyle as an example. he is an american hero by any definition. sometimes we use that word too loosely. this guy is a hero. he deserves everything we can do. but like other

but like other veterans, he sometimes had trouble just making an appointment or had to wait a month to see his doctor only to be referred to another doctor and wait another two months for that appointment. he said he felt like a number being passed between doctors and didn't know why he needed certain medication. each relied on help of a patient advocate, but with sony steps along the way, it has been a lot harder than it should have been. as his advocate said, it should not be this way. v.a. does many things well, like delivering kyle's educational benefits. we need all of you to keep doing that important work like reducing the disability claims backlog and improving care for post-traumatic stress and traumatic brain injury. building on the good work that has been done and reducing homelessness among veterans will stop helping veterans get their education under the post 9/11 g.i. bill and helping find new civilian jobs so they can enjoy the american dream they helped to defend. it's a good time to mention the work the v.a. has done with joe

biden and michelle in partnering with the private sector so that transition from military to civilian life is a lot easier for our veterans. when it comes to delivering timely, quality health care, we have to do better. we have to do better for kyle, we have to do better for all of our wounded warriors, we have to be better for all of our veterans, from all of our wars. they are looking for us to fulfill lincoln's pledge, to care for those who have borne the battle and for their families and survivors. i am confident we can do that and so long as i am president, we're going to do everything in our power to uphold what is a sacred obligation. with that, i want to invite bob using a few words. thank you for taking on this assignment. [applause]

>> mr. president, thank you in your confidence that this nomination demonstrates. it would indeed be an honor and privilege if confirmed by the senate and serve as secretary of veterans affairs, to improve the lives of our country's veterans and change the u.s. department of veterans affairs does business. mr. president, in your remarks just now, you made it clear what you expect -- a v.a. that is more effective, more efficient, and that truly puts our veterans first. if confirmed by the senate, my priority would be to lead that transformation. my life's purpose has been to improve the lives of others. i went to west point to be an officer in the army to try to help free people who were living in nonfree societies. i became an airborne ranger

infantry officer because i wanted to be on the front line leading that change. i joined the procter & gamble company 34 years ago because of its purpose, which is to improve the lives of the world's consumers. mr. president, thank you for mentioning my father, deanne's father and uncle -- for our family, taking care of our veterans is very important. we need to care for the veteran at the center of everything we do of veterans affairs. at procter & gamble, we always focused on our customer. at the v.a., the veteran is our customer and we must all focus all day, every day on getting them the benefits and care that they have so earned. that is the only reason we are here. i look forward to working with the dedicated men and women of veterans affairs to accomplish this mission.

i would like to thank my family for supporting me throughout my life, especially during this next chapter. my wife, my daughter, my son-in-law, and my son are all here today. my parents and deann's mother cannot be here. thank you, mr. president, i look forward to transferring veterans affairs to better serve our veterans. [applause] >> on the next washington journal, a look at the supreme court's ruling on the contraceptive mandate in the federal health care law. publicsts are from the

policy center and elizabeth of the constitutional accountability center. later, the year-long investigation into the safety of american drone use. washington journal is live every morning at 7 a.m. eastern on c-span. you can join the conversation on facebook and twitter. the wilson center hosted a session on the russia-ukraine crisis. you can see it live tuesday at 10:30 a.m. eastern on c-span 2 >> i told the story about how i whose every aspect of identity is in one way or another a threat to israel. my gender is male, my religion is muslim, my nationality is a

rainy and. -- iranian. my culture is middle eastern. offything about me sense all the warning signals for israel. so, the experience of an iranian-american single man trying to get through the airport in the 21st century is a reminder to everyone that despite the way globalization has brought us closer and has diminished the boundaries that separate us as nations, ethnicities, people, and cultures. despite all of that, all you have to do is spend a few minutes trying to get through the airport to remember that those divisions, those things that separate us are still very much alive. >> best-selling author reza aslan will take your phone calls , e-mails, and tweets on islamic fundamentalism, the war on

terror, and the current instability in the middle east live for three hours on sunday. part of a three-day holiday weekend of nonfiction books and authors starting this friday on c-span [applause] 2. book tv, television for serious readers. >> depending on your point of view, the devices you are looking at are either promising pools for quitting cigarettes or a new way to get children addicted to nicotine. e-cigarettes, or electronic cigarettes, have caught the attention of federal regulators in recent months. tonight, we are going to bring you a look at the issue from both sides -- from all sides actually with portions of two recent senate hearings. later on, we will be joined by michael of the associated press who covers the tobacco industry forhe covers the tobacco industy or ap. we will be joined by mr. photo bomb.

in -- you can also join the conversation of facebook. it would require warning labels on products and no free samples. it would call for the disclosure of any ingredients in the e-cigarette and also any health claims made by e-cigarettes hard,ies would require scientific evidence. some of the proposed regulations . they are in a comment time now ahead of making a rule on e-cigarettes. the proposed regulations do not put restrictions on liquid flavors.

no restrictions on the advertising of these products. the last two issues were the focus of a recent senate commerce committee hearing where jay rockefeller, chairman of the committee sharply criticized to e-cigarette makers. we will show you that in just a moment. a reminder later on, we will open up the phone lines for your comments.

>> e-cigarettes are a battery operated product that vaporizes liquid containing something called the nicotine. we all remember that, don't wait? people with their hands raised. we know a cigarette and e-cigarette are somewhat different but nicotine is nicotine. little kids are little kids. they're looking for things and they're looking for things which they get to see a lot of in advertising. one of the nice things is you can mimic the act of smoking. it is cool. kids are cool. these products are relatively new and their long-term health effects are unknown at this point. which timmy raises the question -- why in heavens name are you going to market these things and sell these things and put them online when the results of the health studies which are being

done seriously are still out? why would you do that? you want to make money. that is your answer. you will tell me you were just talking to adults but you were not, you want to make money so you get what you can and the studies come out and you will go ahead and do it until the fda put some nice rules and regulations on you. these products are relatively new and the long-term health effects are unknown however they that they deliver the nicotine which is a highly addictive substance. nicotine can affect brain development among the young kids. some people claim that e-cigarettes can help adults quit smoking combustible cigarettes while others are concerned they may reduce quitting by encouraging more use of e-cigarettes with combustible

cigarettes. we have not done enough research yet. i admit that. to resolve this question. that is not the focus of this hearing. instead, we're going to focus on how margaret -- mark hurting -- marketing of e-cigarettes reaches americans youth and what consequences that fact may have. since generations of cigarette users became addicted to sense to be makes concerned about whether e-cigarettes can put young people on a similar path to addiction. addiction under any form i think is a bad thing. about 4000 kids in west virginia are affected by this badly. the last thing anyone should want to do is to encourage young

people to start using a new nicotine delivery product. it is the last thing. formot sure with the shirt -- or the short-term. much asin and make as we can't because there are no regulations. that is our fault. i welcome the distinguished senator. virginia andst south dakota together, you have approximately 72% of the united states territory. [laughter] are soundings several alarms on these virtually unregulated products. in addition to the issue of nicotine addiction, e-cigarettes se to poison control centers to be very much on the rise.

childrenrly, involving under the age of five. yes. five. some studies indicate the toxins other than that became -- other than nicotine may be found in e-cigarettes. we don't know what the answer is yes, partially, or not at all. we do not know so we hold off until we know. that we go ahead. some have chosen a very different course. given the health concerns and the lack of data substantiated health benefits, it is imperative to restrict youth exposure to e-cigarettes. simply stated, children and teenagers 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.

making money is a wonderful thing but making money with something like this where you don't know what the results are what you do know what the results are for nicotine in -- it does not reflect well on corporate america. unfortunately, awareness and use of e-cigarettes by youth has been surging. --ase consider the following between 2011 and 2012, i cap that to be one year, e-cigarette use among u.s. teenagers more than doubled. kids of tried these products and they found that awareness of e-cigarettes among youth is virtually ubiquitous. thing is that means they have to see stuff somewhere like advertising.

may be television, maybe newspapers, maybe lots of it. we will talk about that. the growth and youth awareness and use of e-cigarettes is coincided with a flood of recent e-cigarette marketing activity. a report published this month in the journal of pediatrics found that youth exposure to e-cigarette advertising on 256% in twoncreased years. that is kind of like everybody -- all the results are out on the health service. just go for it. go for that dollar. 256% increase. extraordinary. may american legacy foundation report found that last year over 14 million teenagers saw

e-cigarette advertising on tv and 9.5 million saw print ads. while major e-cigarette companies reiterate that they a largeget adults, youth audience still appears to be getting their message pretty loudly and pretty clearly. particularly, when the aim the -- they aim the message in tv and magazines and social media events which just really come down hard towards kids. good morning, senator. you can wish me a happy birthday. thank you. so, to look more closely at this issue, i have brought a group of representatives and senators. harkin, committee colleagues like senator boxer,

senator blumenthal, senator markey. a recent investigation asking e-cigarette manufacturers about their marketing practices. the results of this inquiry -- that is all this was -- was troubling. the joint report we issued this april concluded that e-cigarette manufacturing -- manufacturers are aggressively promoting their products using techniques and venues that appeal to youth. youngrstand that whatever people go to, you are going to probably find adults. you say you are rate with -- really targeting adults, i guess you have to overlook the fact that a lot of adults will not go to where you are targeting. we will see. practices of surveyed companies include sponsorship of youth-oriented sporting and cultural events, ending up free product samples -- that is really nice, you know? free product samples.

that is neutral. nothing aggressive about that. nothing about enticing the money flow to pick up in that. spokespeople,y god rest their souls. airing television ads during programs that reach large youth audiences. using social media without andsing age restrictions marketing e-cigarettes and flavors that could appeal to children. so would i be attracted to cherry crushed, chocolate tree, vanilla dreams? no, i went. -- i wouldn't. 60 years ago, i probably would be. that is the way it works. this review provided just a snapshot of nine market leaders

in this industry but there are hundreds of companies that do this in the marketplace. for example, beyond the flavors refillable nicotine liquid is marketed and found in flavors that include bazooka joe. no turn on for me. gummy bears. no, that is not adult stuff. chocolate tootsie. that is not adult stuff. that is aimed at children. products like these sound more like a candy shop display than a means for delivering nicotine vapor. 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 are prohibited for cigarette marketing under measures that include the comprehensive 2009 family smoking prevention and tobacco control act. which passed and is the law but these restrictions do not

currently applied to e-cigarettes. loophole in the law. chance to rake in cash. worry about the kids later. 4000 kids in west virginia -- well, is that important or not? to me, it kind of is. the companies might not be looking at that. noting that the tobacco control law was enacted following years and years of litigation that uncovered internal tobacco companies documents showing that despite claims they only promoted their products to adults, the industry had targeted young people as a critical market. of course, you have. that is where the money is, that is where the buying is. that is where the cash in your

-- outand your 12, 8, 14 you go. you want to be cool? you can hold one of these things and look like you are gloria swanson. is that her name? in april, fda proposed rules to regulate e-cigarettes but finally, these rules could take a long time making them complete. meanwhile, the e-cigarette industry is booming and tobacco companies with a history of marketing cigarettes have been jumping into the market. day,'t know how many per per week, i just don't know but a lot. e-cigarette industry continues to rapidly evolve, we need to hold companies something called accountable. accountable. that is an american tradition. gm is finding out about that.

toyota found out about that. accountable for promotional activities that encourage kids to start using e-cigarettes before we know what the health effects really are. do not wait for what you might be getting into, what harm you might be doing, but jump in now and maybe congress and fda will be slow as they always are. you make a lot of money. while we are serving this out -- sorting this out. and those kids from west virginia are maybe not on the top of your list. because e-cigarettes look so similar to cigarettes we must make sure e-cigarette marketing does not undermine decades of work to do glamorize and de-normalize smoking for american youth. we were making tremendous progress. in progress -- enormous progress

after a long time. i look for to talking about these issues with the major e-cigarette companies represent it here today and our panels accomplished experts. thune.ator >> allow me to add my birthday wishes. happy birthday to you. i am sorry you are stuck spending it with us. [laughter] >> i am not at all. >> i want to thank you for today -- for holding the hearing and thank you for the witnesses for appearing before the committee. according to the world health organization, there are more than one billion smokers in the world. in one year alone, more than 5 million of those people will die prematurely due to direct tobacco use. in 1976, professor michael russell, leading expert on cigarette addiction wrote people smoke for nicotine but they die from the tar.

the introduction of e-cigarettes which usually contains nicotine but none of the tar involved resentment challenges for policymakers, regulators, and the public health community. 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. thedavid abrams and american legacy foundation, nonprofit organization dedicated to reduce tobacco use is funded by payments by the agreement between the state attorney generals and the tobacco industry in 1988, has called the e-cigarette and potentially disruptive technology able to rent the combustion of tobacco obsolete. mitch zeller, the director of the fda center for tobacco products recently said we have to have an open mind for the potential of these emerging technologies to benefit public health. addition, recent study by

researchers at the university college of london on the efforts of people to stop smoking have found that e-cigarettes are 60% more effective than nicotine replacement therapy like patches or gum. many e-cigarette companies argue their products are still an emerging technology and warned that restrictions do not follow the science which may inhibit future innovation to create safer products for existing smokers. at the same time, we need to be mindful that even if e-cigarettes are shown to be less harmful than combustible tobacco cigarettes, nicotine is addictive. the long-term usage and health effects of these products are currently unknown. proponents of the products believe e-cigarettes our gateway to combustible tobacco cigarettes among miners. recent studies have shown overall awareness of e-cigarettes is growing and some advertisements, whether they are attended to were not, are reaching these audiences. the campaign for tobacco free kids represented here today by mr. myers has identified e-cigarette advertisements that employee similar themes as

advertisements for combustible cigarette companies decades ago. while this is not necessarily the case for all e-cigarette companies, and raises understandable concerns about the targeting of this advertising. there is also been a recent rise in the number of calls to poison centers involving children related to e-cigarettes and the solution which often contains nicotine and other ingredients. the american academy of pediatrics represented today has raised concerns about the lack of child resistant packaging. proposed a rule to regulate e-cigarettes as tobacco products. and number of questions are being asked about 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 the public health, i believe sound science to drive any discussion. i also think 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-cigarettes by those younger than 18 years of age and several other states have done the same. while i am opposed to smoking in general, look forward to learning more about the apparent potential of e-cigarettes to reduce harm to current smokers. i with most issues we face, believe more scientific investigation and thoughtful discussion is needed. we are here to discuss some of his work at the university of virginia to start dialogue between various stakeholders on these issues. of what like to end with a quote from dr. thomas quinn was a director at the american cancer society who sums up the current debate surrounding e-cigarettes as follows -- as with so many highly celebrated or reviled products, their nature 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. our witnessesn to who were appearing today and i look forward to hearing your testimony. thank you, mr. chairman. >> let us start with the doctor. >> good afternoon. may i admire birthday wishes? >> don't. practicing pediatrician and associate professor of pediatrics at the school of medicine at dartmouth. i am recommending the american academy of pediatrics, and organization of six 2000 pediatrician -- 62,000 pediatricians. i conduct research on tobacco and adolescents. committee, it is my pleasure to be here today to talk about electronic cigarettes. pediatricians have numerous and growing concerns about the unknown risks and health impacts of e-cigarettes. thate seriously concerned e-cigarettes may lead adolescence to a lifetime of nicotine addiction and can serve

as a gateway to traditional cigarettes. the aggressive marketing and its impact on uses is worrisome. tobacco advertising directly influences use. use of e-cigarettes is driving dramatically and we believe this increase is clearly leaked -- linked to unfettered advertising. this --ow enough to say we must act now to protect children against these risks from e-cigarettes. thatarettes are devices heat and vaporized solution containing nicotine, flavoring, and other chemicals. these products are not without significant. nicotine is not a benign substance. it is a psychoactive drug with a high level toxicity and rapid addiction. overdose could be due headache or dizziness or seizures and that. it can be absorbed through the skin. you should handle it with gloves and protective clothing. the estimated lethal dosage of nicotine is somewhere between one and 13 milligrams per

kilogram of body weight. toxic events -- a fax can be seen with lower. pediatricians believe it is only a matter of time before young child dies from my liquid solution. it is led to a recent spike the calls to poison control centers. is a likely candidate for ingestion by young children because it is colorful and often told without childproof packaging. it as a small bottle of liquid which can contain 500 milligrams of nicotine which is enough to kill several advertised -- average sized children. we find it unacceptable no laws currently require the sale of these liquid in childproof containers. we want help to act quickly to make sure this is illuminated. the omissions are also not harmless water vapor. the ingredients and the liquid could cause lung irritation and no research has been established to show the long-term safety.

known carcinogens. the levels of particulates are similar to the combusted cigarettes. flavored e-cigarettes are concerning because of their well-known appear to flavored tobacco products. this is well understood by e-cigarette manufacturers. and website sponsored by one e-cigarette company notes that kids may be acutely vulnerable to trying e-cigarettes due to an abundance of flavors such as cherry, vanilla. notably, the same company markets e-cigarettes in cherry, vanilla. and other liquid flavors include cotton candy, cap'n crunch, clearly enticing children. and young children being enticed to experiment with nicotine is concerned because the adolescent brain is susceptible to nicotine addiction with symptoms occurring within days and weeks. if e-cigarettes cause nicotine

addiction to adolescence, there is a risk of these users were progressed to regular tobacco products. e-cigarettes may help many smokers or some smokers to reduce or quit smoking. further research is necessary to determine if and how e-cigarettes can play a beneficial role in reducing tobacco related disease. research need to identify whether e-cigarettes are used as a bridge to the smokers next cigarette delaying or knitting the complete smoking. e-cigarettes have another cause for concern -- the renormalization of smoking. know children do what they see. given all these concerns, it is alarming that he cigarette use among young people is growing. a very recent study found that 9% of 13 to 17-year-olds are currently using electronic cigarettes. marketing plays a large role. there is evidence that tobacco marketing reaches and influences adolescents. e-cigarettes are being advertised with many of the same

tools that were used by big tobacco companies. celebrity endorsements, models, and events partnerships. they promote freedom, rebellion, independence. these practices must stop. pediatricians believe that strong regulation of e-cigarettes are absolutely essential to protect children from the risks. regulatoryfda's authority to regulate tobacco products for the protection of the public health. it would be a tragedy if we failed to regulate e-cigarettes only later to find out that we caused serious harm. the message of america's pediatricians on e-cigarettes is simple -- we have a duty for us to protect the children. thank you for the opportunity to speak. >> thank you very much, dr. tank ski. now, mr. matthew myers. >> i am the president of the campaign for tobacco free kids. members,man, minority

i want to thank you for the opportunity. we worked with many of you for over a decade to help pass the law giving the fda authority over cigarettes smokers -- smokeless tobacco and other tobacco products to address many of the concerns that you raised today. years, weast several have seen a dramatic growth in the marketing and sale of e-cigarettes. despite the rise and the use of e-cigarettes as you correctly noted, little is proven either about their health effects or their population impact. position is that responsibly marketed and properly regulated, e-cigarettes could benefit the public health. if in fact they help people switch off of cigarettes to either the exclusive use of e-cigarettes or to quit use nicotine altogether. however, e-cigarettes 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 crime rise -- re-glamorize smoking. or if they discourage smokers from quitting by providing doses of nicotine that sustains addiction rather than help people quit. today, as you correctly noted, as a result of the failure of the government to act swiftly and the most irresponsible action by the manufacturers and marketers of e-cigarette companies. in the marketplace has turned into a true wild west. the rapidly growing and today completely unregulated e-cigarette marketplace is not only outpaced the science, the behavior of the cigarette industry itself raises serious concerns about the ultimate effect of e-cigarettes on the

public health. are made canttes also impact whether they are effective in helping people quit smoking cigarettes or whether they lead to sustained cigarette use or introduce a whole new generation to smoking. unfortunately, it appears that a substantial segment of the industry is neither designing their products nor marketing with an eye towards reducing the number of people who smoke cigarettes. let me address the issue of marketing because it is the one that this hearing is about. andmarketing practices images of e-cigarette manufacturers today exactly as you noted are virtually the same as those used by the cigarette manufacturers to successfully attract kids to smoking cigarettes for 50 years. it is a battle that we have been fighting and are slowly but significantly winning. yet, for e-cigarettes today, what do we see? we see celebrity spokespeople

with themes like freedom and imagery like this. we see the use of sex as we saw with the cigarette companies. that themes and images like this. --see placement in sports the swimsuit issue of sports illustrated with placement of the brand name on the bikini bottom of a scantily clad model in probably the magazine that is read by more adolescent boys than any other single magazine in the united states. we have seen a return for sponsorship of sporting events, rock concerts attended by youth all over the country. when cigarette companies used these exact same images in these exact same places in the exact same way, the impact was tragic and we are still paying for it. it was a dramatic rise and flood in youth tobacco use.

mr. chairman, as you correct the we are seeing a rapid rise in youth use and experimentation of e-cigarettes. no one should be surprised. while it doesn't take a rocket scientist to look at these ads and figure out who they are targeted to, we have a whole body of science done by the national cancer institute, the institute of medicine, the surgeon general and a plethora of others would've looked at these techniques in marketing and determined that they are directly and causally related to the increase of use of cigarette smoking among kids. it defies logic, defies science to say the same techniques and the same ads will not have the same impact on our nations youth with regards to e-cigarettes. i amre going to hear, sure, the cigarette manufacturer saying we don't target kids.

in fact, that is exactly with the cigarette companies have been saying for 50 years. to this day, they have never admitted running a single ad that targeted kids. those eightong of ceos who stood up there after they said they didn't believe that smoking caused disease or diction was we don't market to kids. let me quote from judge kessler's decision in the case of the federal government brought against the tobacco industry. the tobaccoafter companies promised to stop marketing to kids. the tobacco company never marketed or sold its products the youth, they wsiasaid. judge kessler found exactly the opposite. as you have correctly said and i will not repeat, it isn't a surprise we are just seeing a dramatic rise in youth because

in the last two to three years, we are seen upon a mental change in the cigarette marketing. a fundamental change in the amount of e-cigarette marketing. what we're seeing is the start of the potential tsunami because not that e-cigarettes are good or bad, because of the behavior of the e-cigarette manufacturers and marketers. that is what is causing the rise here with regards to this. it is not a surprise and it should not shock us if we see that rise take off in unprecedented levels unless something is done to stop the kind of marketing that i have shown you. the same is true with flavorings. they are asking us as well to turn the world upside down. the exact same flavors you have quoted that prompted congress to ban the use of characterizing flavors in cigarettes are now being found in e-cigarettes. we are hearing the same thing from them. these are not about targeting

kids, they say. here's a bottle of liquid. cinnamon bun flavored. i would pass it around with your fingers would stink if you did and i would have to caution you not to open it because of it touches your skin, it is toxic. if you inhale it, it is toxic soldet this is being over the internet with virtually no controls so it is easily available. it aherry crush -- is surprise the data is already showing an increase in youth use of these flavors? dr. tanski cited a tobacco company's own website but i can cite you a string of quotes of internal tobacco industry 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. what we do know is that they

appeal dramatically to young people and unless somebody and get a handle on the marketing of these flavors and a new study out in the last few weeks shows the number of new flavors has literally exploded. on an guarantee you no one is testing the flavors. they would have to if they were being regularly by the fda to see if those flavors entice kids. in sure, this hearing comes at exactly the right time. for ourgent need government to step in and protect our kids. this is not a hearing about whether or not e-cigarettes potentially have beneficial effects. it is about the behavior of the e-cigarette companies and how they are marketing and manufacturing these products. unless the fda asked and asked rapidly -- unfortunately the regulation is an even address

the question of e-cigarette marketing or the flavors -- our kids will continue to be human guinea pigs for an industry that is demonstrating no responsibility in how it is marketing, where it is marketing, to whom it is targeted its products. we urge you to take strong action to ensure these issues are addressed. thank you. >> thank you, sir. healy, the president of blue e-cigarettes. the market leader for sales and marketing in the e-cigarette industry. we welcome you. members of the committee, i am jason healy, founder and president of blu e-cigarettes. is a privilege to talk about the new product that has tremendous potential to reduce tobacco-related harm and disease and hopefully play a role in limiting traditional cigarettes.

back in 2008, i tried my first electronic cigarette. as a smoker, saw tremendous opportunity for myself and other smokers. i immediately saw this innovative product could provide an alternative to smokers who enjoy smoking or who struggle to quit like myself but do not want the negative effects of traditional cigarettes on their health. health. digital cameras once were for the film industry. it is a good decision. i'm not alone of public health experts have looked at different approaches. it will make great progress because we need a policy. different types of nicotine use occupy different points along

what f.d.a. calls a continue you umh of risk. it will lower on this compared to traditional cigarettes. that is only logical because traditional cigarettes are different. a recent study by our researchers that harmful constituents harmful in cigarette smoke. and similar to that found. our foundings are consistent. i have included this in my submission. >> could you say the last sentence. our study ing -- found that harmful constituents were undetectable levels in blue

rett.ificance and we are committed to working with the f.d.a. to ensure safety, age approaches to make adult-only an product and we are encouraged that the preamble seems to acknowledge that regulations should be proportional to harm and one size fits all is not appropriate of the we aagree when he said we have to have an en mind for the emerging technologies. blue however has not waited. we have advocated for and supported state legislation to

than we require third-party verification. we began as a small company with a challenge of introducing a product that did not exist in the u.s. with the help of our parent ompany we have a clear and ocus on adult smokers. our restrictions such as limiting ad restrictions where the target audience is 85% add ult match. as a industry leader we believe these restrictions demonstrate responsibility. this is to communicate that these are a viable alternative. we provided you with an explanation with the restrictions that we have

adopted. we have included this in our committee. this has to positively change the lives of smokers. it requires a new way of thinking and to normalize this thinking. adult smokers know it is a viable alternative. we believe that using a variety of flavors is keeping smokers to not return. and making less harmful products as soon as possible should be a top priority. thank you. >> thank you very much. the ow mr. craig mr. weiss

second largest presence in the e-cigarette market. >> members of the committee and mr. chairman, thank you very much. i'm the president and c.e.o. of eni don't think. we are a company with no affiliation to the tobacco industry. and i would like to focus on what units us with the members of this committee and with dedicated women and men and public health. we look forward to a day when come brugs cigarettes are no longer a part of the landscape. we continue to take each year on is country including 480,000 americans who die each year. the evidence clearly indicates

that new approaches will be acquired to. and ends hold the potential to lay a critical role. and they provide smokers with the nicotine they are addicted to without the combustion of tobacco. the birned of death and disease is overwhelmingly caused by kig rett. rapid elimination of their use will reduce their burden. the 2012 ebb try of the three major cigarette companies. they have entered the category, they did not create this industry and most industries do products. mbustion

of the independent tobacco industry and absolutely no intent to promote the use. ends are displacing their use. ports from a survey that experiments should be taken seriously. electronic significance ress to initiate with these products apped to be unsupported. should ear, to no minor be using this product of any kind. the benefit will be achieved by mitigating without constraining the use without competing. he bans on sales to minors are

essential. we have supported regulations in his category and the f.d.a.'sishance is a critical milestone. subbing electronic cigarettes would only erect barriers to barriers. smockers are not going to purchase a smoking alternative. it is important to realize that ds face the same advertising restrictions, the big winner is obacco who have a strong stranglehold. advertising should be delivered in a manner that is consistent with the assertion that it is intended for adilt smokers. television campaigns friends don't let friends smoke is a

clear illustration and we need more. animalizing information that chairman rockefeller referenced, the american legacy foundation noted, the marketing is more focused on reaching an adult audience. 6 million of today's chill will maturely. and die pre the best thing we can do for the health of our children is to ensure they grow up in a world that neither of their parents are smoking cigarettes. providing smokers who cannot quit may be the long solution to a problem that have cost lives and more members are beginning to make their voices heard in

support of this technology. regulation. proach there is too much at stake to do it any other way. thank you. >> thank you. r. scott ballin. he is a tobacco and health policy consultant. >> mr. chairman and members of the committee, thank you for the opportunity to be here. i spent much of my professional career dedicated to working in the public health areenave. worked for the heart association for many years and i have been around a long time so i also feel the age. i come here today to give you my

thoughts on issues being raised and some of those have come up here on what is a dynamic and rapidly commanging environment. on how all nicotine production should be regular i lated. i and many others including the direct for of the f.d.a. center of toib products are in a new era. looking to develop a more comprehensive rationale and workable approach. this next stage could be as significant as our requiring of f.d.a. oversight of tobacco a few years ago. a growing spectrum of products ncluding e-cigarettes that eliminate the combustible

cigarette. it entails accepting and using the continue you'll risk, that would regulate cigarettes their intended uses. all tobacco products were equally harmful. f.d.a. regulation has changed it. new entrants into the marketplace have changed the equation. while there are many issues and subissues needed to be ddressed, reducing the harms caused. first,, we need to ensure that no one under the age of 18 should be able to purchase any tobacco or nicotine product and prevent the possession and use of any tobacco and nicotine

product. this includes advertising and marketing that intentionally appeals to children and includes a discussion about restrictions should be replaced on flavorings. we are a long way towards advancing our public health objectives. we need to ensure the 40 million smokers are provided with alternatives to the deadly toxic cigarette. and as someone said earlier, people smoke for the nicotine and die from the tar which in many respects what this discussion is all about today. we do need regulations that recognize flr risks between these products. one soys does not fit all. we should be encouraging more

focused research in the public and private sectors. and encouraging competition rather than stifling it. in this environment, it will be essential we approach these in a more civil manner. that is happening at this table and i appreciate your leadership. there are numerous stakeholders that have differing views. i believe there is a lot more common ground than people think. the institute for environmental agenda and where individuals can scuss issues

>> additional safe haven dial ogs are being planned and we will include a broader number of people. there is a start where parties can make their views heard. i believe that f.d.a.'s also looking for new ideas and approaches. the door is open and the fact that they haven't covered issues relating to mambingting allows that discussion to start taking place. mr. can chairman and members of this committee, there is a balance that needs to be achieved that can be a win-win. we can deal with the products

including marketing and advertising as well as helping addicted smokers. are needed proaches and i agree with him. we need to think outside the box. within the next 10 years i would like to see the number of children using cigarettes cut by 75%. the number of adult smockers cut in half. the shift from deadly toxic cigarettes to the development, manufacturing and use of significantly lower-rinchingd. given the proper regulatory tools coupled with incentives, research and cooperation moopings various stakeholders,

we can do it. > i don't know where to begin. >> mr. weiss, you sort of had a corporate board meeting and you decided that the corporate purpose of your company would be smoking cigarette ong adults and you went to e-cigarettes? >> yes, our corporate mission is obsolete the combustion cigarette. >> you don't do any advertising in tv. you don't advertise in areas to would appeal to youth use e-cigarettes because you

wouldn't need to do that. it's the adults you are working on. > we are interested in adult smokers. >> is that advertisings that is aimed at adult smokers, the kind that was discussed by mr. myers. >> he didn't hold up ad. >> you understand what i'm saying, in other words appealing to young people. >> i don't believe our ads appeal to young people. life is easy when you can answer like that. you are on the record there. this is to all the witnesses but not everybody has to answer. yimet worried about e-cigarette

marketing reaching youth that appears to be the case. if people figured out a way of people trying to affect adults and people who read advertisements and see advertisements about e-cigarettes. that is an interesting discussion. but limiting it to youth has been central to the multi decade effort to prevent young people becoming addicted and well established that nicotine is the addictive product in cigarettes. would you agree that amid a effort nged control there has been a decline in

youth smoking in this country? >> you are collect. there hob a deloin in rate of smoking. a low of 15.9%, which is the lowest rate of 22 years. there is a great decline. >> now, e-cigarette manufacturers say their target is adult smokers and youth don't figure in. this is really, senator boxer, this gets some the integrity of corporate culture and what people will do when they are given the chance to make money. i'm sorry, that is so deeply mbedded in me, i'm on edge

emotionally in this whole hearing. while blanketting ads, isn't this a risk of introducing young people starting zero through ve to the highly adicktive substantfer stance called nicotine? >> yes, sir. that's our fear. there is a whole generation of young people who have grown up since the agreement and others who have never season the ads, never seen the kinds of advertising i showed you and i could have shown you dozens more and we are deeply concerned that while e-cigarette companies should be free to inform adult consumers, there are ways that don't require them to put ads on

the bottom of bikinis. i could show you you tubes of central and -- >> i get your drift. where are the argument has been made that nicotine is what people get addicted to, but tar is what kills them. and i'm stunned by that, because of the one and the other are the same. in other words, you have to prove that nicotine is sort of good for your health for a young puerto rican. ow would they possibly get edithed on nicotine and not be tar present? >> nicotine is dangerous to young p.m. specifically, while

their brains are being formed. there is noo such thing as safe delivery of nicotine and these kinds of things that we have seep in young persons. through f.d.a. regulation, we have shown it is able to deliver nicotine. what is going on in e-cigarettes is nicotine is being delivered in uncontrolled levels and no quality control. and to say that does not pose a control risk is a misstatement. focused ecent report on nicotine. it is a 100% true statement that nicotine isn't what causes cancer. that's why it has always been regular lailted by f.d.a. and

needs to be regulated in e-cigarettes to protect the public as well. >> my time is up. i want to give mr. healy a chance to response respond to what i'm pofting. >> i do t what i'm saying, not want my product in the hands of children and it's something we take very seriously, but at the same time, we don't lose sight of the 140 million smokers like myself. it be and watch whether voluntary advertising ring restrictions that we got out of the tobacco act and we put those policies on ourselves and we look at who's buying.

old.verage is 51.1 years we are looking at what the results because we have to be responsible for the results. >> my time is up. senator thune. >> mr. myers, assuming we all agree that children should not be able to purchase these oducts what's your view if children purchase these products ? >> as i said, if properly regulated in terms of quantity of nicotine, how it's delivered and targeted to a current smoker that couldn't quit, they switched exclusively, i don't think there is any doubt there

would be a reduction. >> what's your general view with regard to the science of e science? is it settled? the science couldn't be settled because the product itself is changing. we haven't had the required science. we would welcome science to help smokers quit, we make sure that the product we are selling to them would accomplish that goal. in the absence of regulation is seen products with nicotine levels, high enough to be of concern and sometimes, cases, so low that it makes it too easy for kids to start.

and nicotine is harsh and we wouldn't like a perfect product. science should drive it with protecting our kids. >> there has been a lot of discussion about the benefits and harm of e-cigarettes, you agree with the director of tobacco products. you also stated any regulation of the products should be regulated. can u elaborate how we find the appropriate balance and what some of the key players can do? >> what i'm hearing around this touble is a common direction of what needs to be. there needs to be more research. and needs to be done by f.d.a. and n.i.h., coupled with

universities and industry as the spops built. i think -- there was a statement made there has to be accountability of this industry. as the agency begins to regulate these products, they are going to have to have the proof to back up. other's lou a clape. we need to have that. i agree with what has been said. we need an aggressive monday torling surveillance system. we have talked about that many years in the public health community and in order to find out what is going on, we need to be able to tap into the industry ocuments, if it is proprietary information, the f.d.a. needs to find out what is going on out there. there is a lot of things that

need to be. but collectively and responsibly, if it is done properly, we will deal with some of the issues that was talked about today. and over the years, i have come to the conclusion when people can sit down in a room without negotiating anything and have a civil conversation, progress can be made. it may not be. but until you start talking. for me, this hearing is binge this process up here. >> what concerns do you have about advertising to children and how has the emergence of the obacco companies in the e- cigarette field changed the permingses? >> i have the same concerns about advertising crossing the

line. i don't know where that is but i will say some of the things i have seen bother me, but i don't think barning advertising the route to go because at the same time we need to provide accurate information about what these products are and how they can be used . i agree we need to monitor this stuff which is what i said earlier. there are things that give me heartburn and we need to deal with them upfront and in a very honest manner. >> what are your companies doing to restrict advertisings to children? >> as i mentioned briefly, we amentioned a policy that we got from the tobacco control act and

in our printed, television and marketing efforts that the audience be at least 85% adult, which is what we decided to impose and got that from the tobacco control act. >> and we all self-regulate. we only advertise in programming that we have a predominant adult audience in television or print. >> my time has expired.

>> have you seen this, sir? >> i don't believe i have. >> we'll put it in the record unless there is objection.

and here's the deal. it's pretty well peer reviewed. health plans and for quitting are unsupported by the evidence to date. and mr. myers, you ought to look at this, too, because i don't think you were accurate in your response either. i have to go on and i have to make some points here. my two friends from the e-cigarette companies, you believe i'm sure that nicotine is dangerous to adolescents, >> correct. >> and you are aware that the u.s. surgeon general that nicotine exposure may have adverse consequences for brain development and adolescents are vulnerable to this highly addictive drug. i'm asking you because you said because you are working to get

adults off cigarettes that is your goal and mission. have you ever had a conversation in your company with another executive about how this product could be marketed to nonsmokers? >> i can say i haven't had that conversation. >> did anyone in your company had that conversation? >> no. >> absolutely not. >> what's in your cigarettes. tell me what's in there? >> nicotine, flavors. >> the same, nicotine and distilled water. are you aware there was for mall da hide in your

hides? >> >> no. >> and yours. didn't find any. unequivocal you do not market to kids. here's my question, you sell your products in cherry crush and vanilla flavors. cherry crush, your company has a ids may be vulnerable to try cherry, vanilla. you sell cigarettes in those three flavors, how can you say u are not marketing to children? >> the average age of a cherry smoker is in the high 40's.

we found that flavors increase or decrease the possibility of adult smokers who use them switching back. >> why did your parent company in the youth smoking prevention web site say kids may be vulnerable to try fun favors and you sell them. are you marketing to children? >> no, i'm not. who is attracted to cherry, berry, vanilla. >> adult smokers. >> that is interesting. even your parent company called you out on it. now wall street investors reports you are going to be offering flavors and more to

come. what are these flavors? variety of flavors, malt.anate is one, single >> adult flavors. >> we aren't offering cotton candy or gummy bears. >> what is the list? >> i can't remember them. so in addition, there is vanilla bean and also peach tea, there's i don't have type because my time is very limited, would you make that available before the end of the day. >> and i wanted to show the flavors that we show. i don't know the flavors.

r. weiss and ask my people here, you think cotton candy is attractive to children or adults. >> children. >> what about gummy bears? >> i would agree and that is the case. >> and popsicli. for e-cigarettes as an industry that he are not advertising to kids we now heard that cherry and berry, even though your parent company said attracted kids, you are wrong. and let's look at some of the dvertisements. these are cartoons. they are not by your companies,

other companies. doant to say to my children, they lock like they are aimed at chirns or adults. smurf. would be pa pmp a >> and as a grandma i can attest to the fact that the biggest movie is "frozen." let it glow. now i'm saying to my chairman, whom i adore, whether it's his birlt day or not. i share his views on this and i'm abblingting to look into your hearts, we don't know if this product gets people off cigarettes. it's not proven. don't think you are doing some

great mission and don't say you are about kids when you go against your parent company advice. i'm not supposed to touch them because they are like poison. pink spot. gummy bear pink spot. rocket pop. cotton candy. we are seeing a repeat and we here in this committee get it and i'm just saying, i have a lot of other questions i will put forward on the record but all of this is very important and i know the people in the industry, you can talk yourselves into everything, doctors said smoke a cigarette,

it will calm you down. my mother said, not on your life. >> senator blumenthal. colleague, previous respectful.usly i'm not going to say i'm adoring nd happy birthday. >> i want to thank your staff and our staff for the excellent work they have done inputting together a really profoundly important hearing and it does have a very haunting feel. the only difference between your testimony today and the testimony that the tobacco executives is you are not under oath. i find in this testimony, a

sense of denial that i cannot credibly accept and the reason is it is defied by the numbers. the latest report by the legacy foundation shows that 18 million towns were exposed to of ads within a six-month period alone. enjoy's ads reached three million teens. people are responsible for the natural and logical effects of what they do because they know those effects and you know you are reaching children and teenagers. i any we have seen this movie before. it's called "big nicotine comes to children near you." and you are using the same kinds

ads andcs, promotions a proved so effective. i want to show you, for example, one, to begin with, if we can can see our old friend, joe camel and our new friend, who is mr. kool. anybody recognize mr. kool? >> i do, senator. huh here denying that mr. kool appeals to teenagers and children? >> that particular illustration was not a commercial. it was placed on our web site for our consumers, it was an

education fees. >> education piece on your web site? >> yes, sir. >> it was not designed to represent your testimony? are you denying it represents an official act of your company? >> it wasn't a commercial. it was aimed at our consumers. we have taken it down. when i had objections and people said it was inappropriate. >> you know, inappropriate, but the tactics that you substuletted are equally so. u are one step ahead of your critics. let's look at the next visual if we may. anybody recognize him? mr. weiss, who is he? >> robert >> what does he have in his mouth sm >> your product?

>> correct. >> he looks like mr. kool. >> adult smoker. >> do you deny that this ad that the use of this image is designed to appeal to children and teenagers. ? >> i do. he is a 28-year-old adult smoker. >> adult role models have no appeal. if they are older than 18, they have no impact to people under 18? >> i'm saying, our target is to reach adult smokers. nd to see others is to see others is a good thing. >> these ads and these images are designed to appeal to children. and again, they are not only

alm nissent, they really are duplicative of the tactics taken by big tobacco. you have tan their playbook and odified it to a noncombustible nonnicotine mechanism. and this hearing is not so much about the contents of e-cigarettes or their potential health effects, which i find difficult to accept, it's about the marketing and promotion tactic. images elebrities and ike mr. kool and others we can reach on the second round of questioning. but the evidence is undeniable that you are seeking to not ornl

reglam rise nicotine. and this will be a clear path and gateway to combustible tobacco use otherwise known as cigarettes. my time has expired. i apologize and i hope on the second round we can hear more responses. >> i'm a former prosecutor and i like to look at the facts and the first fact is a recent study found that two million kids have found these e-cigarettes and put that picture back up there. so have you gone to go those movies, mr. weiss? >> yes, i have.

>> i have been. and the people this those theaters are kids and the people that read those books are girls. and i have seen this many times because i had to be up at 2:00 in the morning when they do the premier and the girls see the movie and this is a happy nson.day to robert pati does that appeal to me? >> he is an adult smoker. >> he is an adult smoker that appeals to kids. and this is a marketing technique. and the flavoring issue and i don't understand why when gular cigarettes, they can have flavors, correct?

>> yes. >> why were they being banned? >> congress determined after substantial evidence they mostly appealed to young people. >> i don't understand why you couldn't have your product without flavors. mr. weiss. >> we make every decision of what is go to go accomplish our mission. because we are interested in adult smokers, we have not sold any products that have contained any flavors. and prior to offering flavors, we conducted research to ensure that to the greatest degree possible we don't appeal to young smokers. goal of appealing to young smockers and that research we well submit to the record. it was conduct the by the doctor

and willing to answer questions. >> i have to tell you just because they have alcohol names on them. ina colada and senator boxer mentioned and any flavor is something that kids like. the other thing i wanted to . llow up is the mr. kool ad let's talk about the web site and i understand that the social media and i understand the study out this month showing that e-cigarettes are being market the on twitter, 20,000 tweets, nearly 90% of the tweets were from e-cigarette companies and almost all of them included a web site linching.

when they sign up they have to say they have over 18. >> social media soits have certification processes that we install. >> but think are public tweets, so anyone can get on the twitter counts and anyone can get on youtube. i have to tell you, i don't butk my in-laws use twitter my daughters use twitter and facebook and adept on social media. and i would think that this kind of marketing would be appealing to kids and i wonder if you want want to comment on that. >> using social media is a way to reaching young people.

and the age restrictions, the web site for e-cigarettes they say are you over 18 and you say yes rather than the double form than the combustible web sites. i agree that the protections to use are relatively weak to access. it is very powerful. >> mr. myers. >> i plotely agree. it isn't 70-year-olds. d we looked at the web sites and it is no where near capable to what is the requirement for cigarettes. one allows young people. whatwant to conclude here, you have is two million kids and

growing. you have marketing of flavors which we know from the past with regular cigarettes, that is the cigarettes andan third thing we know is that we've got heavy use of social media that is targeted towards youth. great way to reach youth at times and texting and looking at things and queff our celebrity models which i got to tell you that most people over 50 are not ing to know who robert patinson. justin beiber is over 18, too. and i don't think anyone is going to think that is marketed

to adults. this is my exhibit d. to me, when you looks at all these facts, there is heavy marketing going on to youth. thank you. >> i have to snike a question in. ae mr. healy you said you are smoker. >> yes. >> how many years? 42 tarted at 23 and i'm years. but fair amount of time. and you are using e-cigarettes to help you get rid of your cigarette -- how is it working, how long have you been doing it and what do you notice? think -- from mr. myers' >> i think you are all talking

into the clouds in terms of facts. you are trying to say something which you should not be saying. to your credit, you are trying o get of off of tobacco. how is e-cigarette doing that? >> i was smoking a pack and a and-a-half of cigarettes a day. now at best, i will smoke five a week, most at times, none. it makes it very difficult, it wasn't my intent, being it doesn't taste or remind you to go back to tobacco as consistently as you were. >> one other question. allow ever -- does it free samples to kids? samples to ibutes

18-year-old or above smokers. >> how do you know that? >> we have machines that they have to provide their state's drivers license that has to be swiped and the first question is, are they a smoker, if they say yes, we falk to them about the product and they can acquire a sample. >> you think that is a civic duty you are performing? >> we should be responsible in providing the product to someone. >> senator nelson. >> mr. chairman, as usual, you have picked a hearing on an important topic of the day, so thank you very much. i want to ask dr. fans ki, you testified that there was a

recent increase of nicotine poison iing in young children. are these cases ofhildren getting into the refilled vials of nicotine or seeing the poisoning cases from the disposable e-cigarettes? >> we don't have that level of detail. the trajectory has been increasing for nicotine devices with 251 calls. we don't have the kind of calls that they are coming from the devices. my suspicion the greatest likelihood for the kids to get into them rather than the hole electronic cigarettes themselves. >> you note there are no standards for governing

ildproof packaging for these bottles, and i would like, mr. chairman, if this hasn't been entered into the record it is a photograph of the liquid flavors, banana slit, cotton ndy, sweet tart, gummy beer, rocket pop, hawaiian punch. dr. , would you support giving either the consumer product fety commission to enforce child proof pack acknowledging substances? ocksic >> absolutely. it is important that we protect

children from these nicotine life containing products. everything else in your home has a child proof container. they are harder to get into so a parent can be there. so i ask for your help. f.d.a. has regulatory authority over the packaging but hasn't been commented on and i would encourage you guys to please help us. we should consider as possible, to include the oversight to include this as a toxic product. they are ex excluded but perhaps at should be revisited and considered different from other tobacco products. >> the gummy bear has a picture

of gummy bears on the label. mr. you have stated there should not be restrictions on responsible advertising of the cigarettes or other types of these nicotine vapor products. tell us what is responsible and what is irresponsible advertising in your industry? >> responsible advertising is trying to reach the more than 40 million adult smokers in this 500,000 of whom died prematurely from tobacco related illness. trying to reach those people and partsem off of the toxic they are using is the responsible thing to do. irresponsible would be the use of cartoon characters or images, trying to target children, advertising