NICMAXX Brands Response to the Sensationalistic California Department of Health Public Advisory

On January 29, 2015 the California Department of Public Health released a public advisory about their perceived dangers of e-Vapor products in deference to all the available body of science that refutes their statements.  Our response? The Department of Health’s advisory was politically biased, sensationalistic and inverse to all the science and experience available that immediately discredits the department’s release.  State officials have a sworn duty to service the citizens that employ them yet in this instance the state used their governmental positions to advance an agenda in deference to the facts, in deference to the experiences of over 6 million Americans now using e-Vapor products daily and in deference to the 40+ completed scientific studies on e-Vapor products, none of which has ever found any constituent at any level harmful to humans.

We would like to address the most scientifically egregious claims by the state:

“E-cigarettes do not emit water vapor, but a concoction of chemicals — including formaldehyde, lead, nickel and acetaldehyde — toxic to human cells in the form of an aerosol. The chemicals in the aerosol travel through the circulatory system to the brain and all organs.”

There has never been any peer reviewed study that evidenced that there has been found ANY individual constituent or “concoction of chemicals” at any level harmful to humans in e-Vapor products. The mere dection of any individual or combination of any chemical or poison is irrelevant-it is at WHAT LEVEL the chemical or poison is found that makes it a poison-not its mere detection.

For the sake of brevity in our rebuttal, as one glaring misrepresentation, the state claimed that for instance formaldehyde was found in e-Vapor products. In fact Portland State University announced on January 15, 2015 that the results of their study of e-Vapor products to determine if there were any harmful constituents (and reported in the New England Journal of Medicine) found that formaldehyde was “NOT DETECTED” in the product types that NICMAXX Brands offers. The university had to actually take a “High Voltage” e-Vapor device and triple its heat envelope to actually find any traces of formaldehyde-an inhalation experience not possible for any person using an e-Vapor product after more than its initial puff. In fact when the study’s lead professor David Peyton was brought to task for releasing a study that claimed that “e-Vapor products contain formaldehyde” he stated “that the study had been mis-characterized. All it was meant to do was compare the levels of formaldehyde in e-cigarettes versus cigarettes. It is exceedingly frustrating to me that we are being associated with saying that e-cigarettes are more dangerous than cigarettes-that is a fact not in evidence.

No other claim in the Health Departments release refutes the fact that over 6 million Americans use and have used e-Vapor products daily and after billions and billions of uses of all types and voltages of these products there has never been found a single person harmed when used as intended. If the state is so concerned about warning its constituents about the dangers of e-Vapor products, let them propose what the FDA proposed in their July 22, 2009 press release when the FDA stated “Health care professionals and consumers may report serious adverse events (side effects) or product quality problems with the use of e-cigarettes to the FDA’s MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.”  What were the results of the FDA’s request? The D.C. Court of Appeals that was hearing litigation brought by e-cig company Smoking Everywhere a year and a half later stated when this request was brought to their attention, “Regarding harm to third parties and the public interest, the district court observed that the FDA had cited no evidence to show that electronic cigarettes harmed anyone” That was four years ago and still there has been no claim that any e-vapor product has harmed anyone.

We suggest that the state bring real time evidence of actual harm done to actual individuals and not just make specious claims that there may be possible harm done as surely after eight years on the market the state must be able to find one actual individual harmed.

NICMAXX Brands is a founding company of the e-Vapor industry and since 2007 has led the industry by using only pharmaceutical grade ingredients in all our products. We fill all of our products in an FDA Registered Laboratory using the highest levels of good manufacturing practices. NICMAXX has, since our inception, used the proper labeling for California’s Proposition 65 Warnings. We do not make ANY claims that we are a stop smoking or cessation device in deference to the states claim that “there is no scientific evidence that e-cigarettes help smokers to successfully quite traditional cigarettes or that they reduce consumption of traditional cigarettes”.

We hope this helps our current and future customers understand the forces that are out to discredit our fabulous products that so many consumers are using as their first viable option to the smoking of tobacco cigarettes. Be assured that we will be vigilant in our protecting your rights to use and freely purchase NICMAXX products and we will defend our rights to offer our products nationally.

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