Yesterday, the famous amendments and articles of the bill to modernize our health system were examined and voted on in the Senate. We were obviously all waiting to know what sauce the electronic cigarette would be devoured but we had hope following the tabling of some amendments capable of giving us a smile in the event of a positive vote. (see the provisional full report of the proceedings)
ARTICLE 5 SEXIES: PROHIBITION OF ENLARGED ADVERTISING TO ELECTRONIC DEVICES AND VAPOTAGE.
Article 5 sexies of the Health Bill provides for an amendment to article L. 3511-3 of the Public Health Code by extending the ban on advertising for tobacco products to electronic vaping devices. This one was adopted.
Clearly, as vapers, we had a lot of expectations through this article and more particularly on Amendment 223 dropping by Mr Bruno Gilles who proposed to remove the ban propaganda and direct and indirect advertising for the e-cigarette. The future of vaping media (blogs / sites / facebook groups / forums) depended largely on it and unfortunately if there is no need to be too alarmist, we can clearly see that it is still very poorly started. But all this remains quite complex, the notions of advertising " as a direct " and " indirect Is not really very clear. We would have preferred to see this ban disappear, now we will have to think, try to circumvent the prohibitions in order to be able to continue to exist (which is a priori possible, there are many blogs of cigar aficionados or cannabis consumers ... ).
AMENDMENT 223 RECT: DELETE THE PROHIBITION ON ADVERTISING, AUTHORIZE POSTERS
Amendment 223 Rect (presented by Messrs. GILLES, de NICOLAY, B. FOURNIER, COMMEINHES, CHARON and GRAND, Mrs. HUMMEL, Mr. TRILLARD and Mrs. GRUNY (Les Républicains)) was rejected.
A few days ago, we had, in mass, thanked Mr. Gilles for tabling this amendment which gave us great hope. This proposed to remove the ban on propaganda, direct and indirect advertising for electronic cigarettes. It was also proposed to allow advertising posters for e-cigarettes in tobacco shops. And obviously it is with amazement that we were able to discover a debate without great scope or the ignorance of the e-cigarette was clearly felt among elected officials. In the end, the committee and the government gave an unfavorable opinion and the amendment was rejected.
AMENDMENT 583: DELETION OF THE BAN ON E-CIGARETTE ADVERTISING
Amendment 583 (presented by P. DOMINATI and LEMOYNE (Republicans)) was withdrawn.
This amendment proposed broadly the same thing as 223 tabled by Mr. Gilles. It was therefore proposed to lift the ban on all forms of advertising, on partnerships and sponsorship as well as on the extension of the limitation of publications and communication services to professionals. After rejection of Amendment 223 Rect, Amendment 583 was withdrawn.
388 AMENDMENT: AUTHORIZING DISPLAYS FOR TOBACCO PRODUCTS
Amendment 583 (presented by Mr LEMOYNE, Mrs DUCHÊNE, MM. COMMEINHES and PELLEVAT, Mrs IMBERT, MM. GRAND, JP FOURNIER, HOUEL, CHARON and GROSPERRIN, Mrs DES ESGAULX, MM. FALCO, LONGUET, de RAINCOURT and REVET, Mrs MÉLOT, Mr. CHAIZE, Mrs. DURANTON, Messrs. De NICOLAY, BOUCHET, SAUGEY, LAMÉNIE, VASSELLE and LEFÈVRE, Mrs. LAMURE and LOPEZ, Mr. ALLIZARD and Mrs. GRUNY (Les Républicains)) was rejected.
With this amendment, it was proposed to lift the ban on advertising tobacco via posters at tobacconists. this was clearly rejected.
AMENDMENT 564: AUTHORIZING POSTERS IN E-CIGARETTE SHOPS
Amendment 564 (presented by MM. ROCHE, VANLERENBERGHE (UDI-UC)) was adopted.
This amendment proposed to authorize advertising posters on e-cigarettes in specialized shops. Its adoption is probably one of the only satisfactions of the day even if the display will very probably be limited inside the shops.
389 RECT AMENDMENT: AUTHORIZING E-CIG POSTERS IN TOBACCO OFFICES
Amendment 389 rect (presented by Mr LEMOYNE, Mrs DUCHÊNE, MM. COMMEINHES and PELLEVAT, Mrs IMBERT, MM. GRAND, JP FOURNIER, HOUEL, CHARON and GROSPERRIN, Mrs DES ESGAULX, MM. FALCO, LONGUET, de RAINCOURT and REVET, Mrs MÉLOT, Mr. CHAIZE, Mrs. DURANTON, Messrs. De NICOLAY, BOUCHET, SAUGEY, LAMÉNIE, VASSELLE and LEFÈVRE, Mrs. LAMURE, LOPEZ and MICOULEAU, Mr. ALLIZARD and Mrs. GRUNY (The Republicans)) has been withdrawn.
This amendment proposed to allow posters on vaping products in tobacco shops. Following the rejection of amendment 388, it was withdrawn.
AMENDMENT 1184: REINSTATEMENT OF ARTICLE 5 SEXIES
Amendment 1184 (presented by the Government) was rejected.
This amendment proposed the reinstatement of article 5 sexies as it had been voted by the National Assembly.
AMENDMENT 448 AND 616: CONFIGURING THE MONOPOLY OF E-CIGARETTE TO BURALISTS
Amendment 448 (presented by Messrs. COMMEINHES, CHARON, CHATILLON, HOUEL and A. MARC and Ms MÉLOT (The Republicans)) and Amendment 616 (tabled by Mr. DAUDIGNY, Ms. BATAILLE, Mr. CAZEAU, Mrs. EMERY-DUMAS, GÉNISSON and D. GILLOT, Mr. MANABLE, Mr. MASSERET and Mr. MONTAUGÉ, Mrs. SCHILLINGER, Mr. VAUGRENARD and Mrs. YONNET (PS) were withdrawn. Commission and the Minister issued an unfavorable opinion.
These two amendments proposed entrusting the monopoly of the e-cigarette trade to tobacconists and after a fairly disgusting They were eventually withdrawn. Why ? Some elected officials were happy to offer a real sermon in favor of the poor tobacconists who would have lost part of their income following the arrival of the e-cigarette. According to these same elected officials, the e-cigarette should be entrusted as a monopoly to tobacconists as compensation. This is when our Minister of Health, Marisol Touraine intervened to clarify things, " The e-cigarette is neither a drug nor a tobacco product, it is a related product to tobacco. It must therefore be regulated separately (European regulation) and cannot be entrusted as a monopoly to tobacconists. Clearly, if a vote declared an e-cigarette monopoly in favor of tobacconists, specialty stores would be entitled to turn against the state. The Minister of Health nevertheless specified that if this had been possible " the government would have watched it very carefully"
AMENDMENT 637 (ARTICLE 5 OCTIES): RETURN TO THE TEXT VOTE BY THE NATIONAL ASSEMBLY
Amendment 637 (presented by the Government) was withdrawn.
This amendment presented by the government proposed to cancel the new provisions and return to the text voted by the National Assembly on the subject of patronage and sponsorship of electronic cigarettes. The rejection of amendment 1184 drops this amendment.
AMENDMENT 152 RECT: RETURN TO THE BAN ON VAPING AT WORK
Amendment 152 (deposited by MM. GILLES, de NICOLAY, COMMEINHES, CHARON and GRAND, Mrs HUMMEL and Mr TRILLARD (Les Républicains)) was not supported.
This amendment proposed to come back to the ban on vaping at work but with the absence of Mr Gilles during the presentation, this was not supported. We still wonder how an elected official can be absent during the defense of his own amendment ... To believe that the proposals were made without real convictions!
683 RECT AMENDMENT: ESTABLISHMENT OF CUSTOMER MAJORITY (AUTOMATIC DISTRIBUTOR)
Amendment 683 (dropping by ESTROSI SASSONE and MORHET-RICHAUD, MM. GREMILLET AND VASSELLE, MRS DEROMEDI, MM. LAUFAOLU, MANDELLI, DEL PICCHIA and CHARON, Mrs. HUMMEL and MM. GOURNAC, SAUGEY, LAMENIE, KENNEL and HOUPERT.) Was adopted.
This amendment proposes to modify a paragraph dealing with the majority of the customer when purchasing tobacco products (and e-cigarettes?). " When selling one of these products, the customer is required to establish proof of majority. ". It seems that the adoption of this amendment authorizes the use of vending machines as long as the operation is done with a chip card and that this has been issued after verification by the majority of the customer.
Source : Senat.fr
