CONCLUSION
for electronic cigarettes
General provisions
This conclusion was formed in order to comply with Article 2 of the Constitution of the Russian Federation, which states that “Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state.”
The following definitions are used in this opinion:
Smoking (smoking) – production or inhalation of smoke;
· inhalation (evaporation) – production or inhalation of steam;
·electronic cigarette - a portable device containing a hole that releases steam, which can fit in a person’s mouth, intended for the production and inhalation of steam;
health is the state of any living organism in which it as a whole and all its organs are able to fully perform their functions;
Nicotine
Quitting nicotine for a nicotine consumer represents a task that the consumer is not obliged to solve. Every person has cholinergic receptors in their brain. Nicotine affects these receptors. And these receptors are responsible, among other things, for attention, thinking and memory. And when a person refuses exogenous nicotine consumption (that is, nicotine consumption from the outside) in one form or another, his receptors do not receive the expected reinforcement. As a result, the quality of thinking, attention, and memory may decrease. And hence the quality of labor will decrease and, if this phenomenon becomes widespread, the country will suffer huge economic losses. Consuming nicotine in one form or another is a human right. At the same time, the use of nicotine in the form of tobacco smoke, of course, to a certain extent should not violate the right of other people to stay in a public place devoid of tobacco smoke to a concentration level in the air no higher, according to research, that is harmful to health.
Tobacco products
Apparently, the goal of the consumer of any tobacco product is to obtain certain effects. Based on data obtained from open sources, all these effects are contained in nicotine. But along with nicotine when smoking, a person receives carbon monoxide and other substances, some of which are recognized as carcinogens. During smoking, a person’s condition, on the one hand, subjectively improves (due to the intake of nicotine), on the other hand, it worsens (due to carbon monoxide and hundreds of other substances, some of which are recognized as carcinogens).
Some brands of regular cigarettes contain substances that speed up the penetration of nicotine into the brain. This is also why a person who smokes such cigarettes may think that regular cigarettes are more pleasant than electronic cigarettes. On the other hand, some electronic cigarettes contain only nicotine and food components that are harmless in appropriate concentrations (glycerin, propylene glycol, flavorings), therefore, it takes longer to become saturated with nicotine.
Using a regular cigarette for its intended purpose is inhaling smoke from a burning cigarette. Inhaling any smoke is associated with risks due to the fact that during the combustion process, some substances break down into many others. And this process cannot be stopped, it can only be predicted. And thus, tobacco or “tobacco shavings” contains several hundred substances, some of which are carcinogens. And during combustion, a person smoking a tobacco product already inhales several thousand substances. And again, dozens of substances in such smoke have already been recognized as carcinogens.
Electronic cigarettes
The electronic cigarette was invented in 2004 and since then has been produced by different legal entities with different names.
An electronic cigarette is usually an oblong (or simply cylindrical) shaped product containing a battery or accumulator, a heating element or vapor generator and a liquid that may contain nicotine.
There are several companies and several dozen different models of electronic cigarettes on the Russian market. Without a doubt, such diversity and constant improvement in the production of electronic cigarettes is the basis for ignoring the once obtained results of scientific research, the subject of which are e-cigarettes that have gone out of circulation. Sanctions may not apply to the concept of “electronic cigarette” itself, but only to specific products (a specific model of a specific batch) that do not meet the standards and requirements of Rospotrebnadzor.
The use of electronic cigarettes occurs according to the following principle. Smoking is the production of smoke. And the production of steam is inhalation. It is the process of evaporation (inhalation) that occurs when using an electronic cigarette. Evaporation does not produce substances other than those found in the liquid. Release from liquid occurs only when the force of molecular cohesion in the liquid phase is overcome to transform into vapor, which is released from the e-cigarette. At least for this reason, electronic cigarettes are much safer than regular cigarettes.
From the point of view of evidence-based medicine, the data is not reliable enough in terms of understanding the long-term effects of using different e-cigarettes. However, based on the data currently available, based on data from open sources, as well as based on independent research using focus groups, preliminary conclusions can be drawn.
Some models are designed to be refilled with new cartridges, others are not designed to be refilled and, depending on the usage pattern, may last for 1-2 days. The pricing policy for electronic cigarettes is still higher than for regular cigarettes. This fact also indicates that the majority of nicotine consumers consume it in the form of smoking.
In some models of electronic cigarettes, the heating element is located next to the battery and apparently this fact caused the battery to explode, the fact of which was published in the media. In other models, the heating element is located at a certain distance (about 10-15 or more mm) from the battery, and in some models, in addition to the distance from the battery, the heating element is wrapped, judging by observations, in heat-insulating material.
Electronic cigarettes differ both in organoleptic properties and in the sensation of effect. As a result of the study, all studied products were divided into 4 groups. The first group included models whose inhalation by some study participants seemed unpleasant from the point of view of organoleptic properties (some answers: “sickening smell”, “metallic taste”, “stings the tongue”). The second group is unpleasant in terms of the effects received from them (some answers: “too weak”, “too strong”, “I don’t feel the effect”, “I feel anxious”, “my head hurts”). The third group is unpleasant from both points of view. Fourth – pleasant from both points of view. Both smoking and non-smoking volunteers participated in the study. Also, this study was not paid for by the organizers.
In some models of e-cigarettes, there is probably no higher cancer risk (that is, a higher risk of cancer) compared to a lifestyle without consuming nicotine-containing drugs (excluding the consumption of some vegetables that contain nicotine: tomatoes, potatoes, eggplants, green peppers ). This assumption is based on the stated information about the composition of a number of electronic cigarettes, as well as on the subjective feelings of focus group participants. Chemical or biochemical studies of the 2012 models, apparently, have not been carried out, but if they are carried out, it is necessary to ensure that, along with the results, a detailed research methodology is indicated, indicating the date of the study, surnames, first names, patronymics of the researchers, the full name of the organization , on behalf of which these researchers conducted the research, the addresses of the permanent link on the Internet, where you can open a document with the results and methodology of this study at any time, as well as an indication of specific legal entities (manufacturers and importers), and the full name of the studied electronic cigarettes presented in the study.
Use of the e-cigarettes studied appears to have a higher nicotine-related cardiac risk than without any form of nicotine use (i.e., higher risk of heart attack), excluding the use of certain vegetables that contain nicotine. But this risk appears to be comparable to the risk from drinking coffee. At the same time, it is worth paying attention to the fact that coffee is quite rightly not limited in circulation in the Russian Federation. And this is again due to the fact that the stimulating effect of caffeine is subjectively more important for citizens of the Russian Federation who choose to use it than the rather weak increased cardiac risk with frequent coffee consumption. And this priority comes not so much from the desire to improve the economic situation in the country with the help of more productive citizens, but from the desire of the citizens themselves to have a higher quality of life.
Accordingly, those people who have a need for nicotine and who cannot or do not want to give up nicotine consumption should be offered nicotine in the safest form, including in the form of vapor produced by an electronic cigarette.
According to Part 3 of Article 17 of the Constitution of the Russian Federation, “The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.” In our opinion, the use of electronic cigarettes, both personally and publicly, including in audiovisual works, as well as outdoors and indoors, does not violate the rights and freedoms of any person.
The opinion that public use of an electronic cigarette can provoke another person to smoke is unfounded, for the reason that the external manifestations of the use of electronic and regular cigarettes are distinguishable by human vision at a distance of at least 100 meters without the use of special devices that enhance vision. These manifestations are distinguishable at least by the fact that the length of an ordinary cigarette shortens and the formation of ash from an ordinary cigarette during smoking.
Also, among participants in one of the focus groups dedicated to electronic cigarettes, there was concern that using an electronic cigarette will provoke children to smoke, to whom, according to them, “you cannot explain that these are not ordinary cigarettes.” In this case, it is recommended to communicate with children, using the acquired knowledge in order to separate the concepts of “cigarette” and “electronic cigarette” both when communicating with children and when communicating with adults, that is, to explain in general using one conceptual apparatus without taking into account differences in age . If you have knowledge obtained from open sources and minimal personal constructive experience in communicating with children, you can be convinced that any phenomena of life that can be explained to an adult can be explained to a child, with the only difference being that for an adult, the accumulated experience helps to quickly understand those or other phenomena encountered in the past. The difference, apparently, is only in duration, but not in the quality of communication. In addition, not communicating enough with your children is a form of child abuse. Cruelty to children, according to Article 69 of the Family Code of the Russian Federation, entails deprivation of parental rights. Therefore, people who do not communicate with their children are subject to administrative and criminal liability in accordance with the legislation of the Russian Federation.
Concerns were also expressed that “if e-cigarettes are not banned, they will be smoked at every turn.” This fear, if translated into legal language (“fear of using an electronic cigarette in enclosed public places”) is quite justified, but the reason for the fear is not clear.
The use of electronic cigarettes does not violate the human right to a conditionally smoke-free environment. In this regard, it is important to understand that the concept of “conditionally” is indicated here with the purpose of reminding that there are sources of smoke, the use of which does not violate human rights (smoke from a car exhaust pipe outdoors, smoke from a fire outdoors, etc.) . At the same time, tobacco smoke in this case cannot be the subject of consideration, because it is absent when using an electronic cigarette;
The use of electronic cigarettes is not included in the list of phenomena restricted for demonstration or publication in accordance with the legislation of the Russian Federation, which is quite reasonable, given the lack of sufficient risks in modern models of electronic cigarettes.
At this point, additional government regulation of e-cigarettes appears redundant. It is advisable to keep electronic cigarettes in free circulation on the territory of the Russian Federation.