From Google News

Attorneys general from Ohio and 39 other states and territories today asked the U.S. Food and Drug Administration to begin testing and regulating electronic cigarettes.

Ohio Attorney General Mike DeWine, said in a letter he co-authored with Massachusetts Attorney General Martha Coakley, that there are "no federal age restrictions that would prevent children from obtaining e-cigarettes, nor are there any advertising restrictions.

"We urge the FDA to move quickly to ensure that all tobacco products are tested and regulated to ensure that companies do not continue to see or advertise to our nation's youth."

The letter strikes at the heart of a developing controversy in Ohio and nationally about how e-cigarettes should be regulated, marketed and sold.

While the new cigarettes look similar to regular cigarettes, they have a device that heats nicotine-infused liquid derived from tobacco plants into a vapor that is inhaled like smoke. The vapor is mostly odorless, but e-cigarettes come in many flavors, including candy and soda.

DeWine and the other attorneys general want the federal government to regulate the new cigarette as tobacco products under the Tobacco Control Act. In fact, many tobacco companies are getting into the new business. He said manufacturers are marketing the new cigarettes much like existing tobacco products, using "celebrity endorsements, television advertising, cartoons, fruit flavors, attractive packaging and cheap prices...to encourage youth consumption of these dangerous products."

Legislation introduced in the Ohio House earlier seems to have a similar goal – limiting e-cigarette sales to adults. But House Bill 144, sponsored by Rep. Stephanie Kunze, R-Hilliard, was crafted by tobacco industry lobbyists. One impact of the proposal would be to tax "alternative nicotine products" at a lower rate than regular tobacco products.

Anti-tobacco advocates say Kunze's bill is a "Trojan Horse" that seems to be a positive step, but could in the long run help tobacco companies by carving out more favorable tax status for e-cigarettes and emerging products.

A copy of the letter from DeWine can be found here.

ajohnson@dispatch.com

@ohioaj