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Bill Godshall Update 2015-05-08

Tobacco Harm Reduction Update - May 8th, 2015

 

Contents:
FDA, THR Research, THR Business, Taxation, Vaping Bans, Minor Sales Bans, Big Pharma Drugs, Junk Science, Propaganda and Lies.


 

FDA

US Rep Tom Cole (R-OK) introduces bill (HR 2058) that would move Feb 15, 2007 SE grandfather date (in FSPTCA) to date of issuance of Final Rule for Deeming Regulation (for newly deemed products) to allow thousands of nicotine vapor products and components currently on the market to remain on the market (so adult vapers and smokers can continue to have legal access to far less hazardous nicotine vapor products).
http://thomas.loc.gov/home/thomas.php
(to access, click Bill Number and type HR 2058)

For Rep. Cole's remarks on HR 2058, then click on All Actions (CR E596) or go to:
https://www.e-cigarette-forum.com/forum/threads/rep-tom-cole-introduces-bill-hr-2058-to-change-se-date-from-2007-to-2015-for-newly-deemed-products.670731/

Action Alert: Urge your US Representative to oppose FDA's proposal to ban >99.9% of nicotine vapor products, and urge him/her to become a co-sponsor of HR 2058 to keep nicotine vapor products (that are currently on the market) legal for adults in the future.
http://thomas.loc.gov/home/thomas.php

FDA's Mitch Zeller refuses to admit Deeming Reg would ban >99.9% of e-cigs now on the market, conflates e-cigs with cigarettes, ignores sharp drop in teen smoking to falsely assert e-cigs are gateways to cigarettes, claims "In today's rapidly evolving tobacco marketplace, the surge in youth use of novel products, like e-cigarettes, forces us to confront the reality that the progress we have made in reducing youth cigarette smoking rates is being threatened. These staggering increases in such a short time underscore why FDA intends to regulate these additional products to protect public health."
http://www.journalnow.com/business/business_news/local/fda-regulation-of-e-cigs-may-come-in-weeks-reynolds/article_930f0295-061a-527e-bfec-2cd706287d02.html

Azim Chowdhury to host webinar on May 15 from 12PM EDT to 1PM EDT
E-cigarette Regulation: Key priorities for FDA and Alternative Regulatory Frameworks
https://events-na12.adobeconnect.com/content/connect/c1/1321287638/en/events/event/shared/1338583875/event_landing.html?sco-id=1338447563&_charset_=utf-8

Konstantinos Farsalinos: Failure to understand simple mathematics although millions were spent on a tobacco and e-cigarette study (exposes incompetent and nonsensical question in PATH study funded by FDA/NIDA on nicotine concentrations that are vaped)
http://www.ecigarette-research.org/research/index.php/whats-new/whatsnew-2015/208-math

USA Today editorial board falsely accuses e-cig industry of target marketing to youth (while failing to cite any infractions), deceitfully conflates negligible risks of vaping with lethal risks of addictive cigarettes, criticizes state laws banning e-cig sales to minors, claims e-cigs should be regulated as tobacco (after insisting FDA should regulate e-cigs as drug devices in 2009).
http://www.usatoday.com/story/opinion/2015/05/05/e-cigarette-electronic-cigarette-cdc-teen-smoking-editorials-debates/26950819/

SFATA's Cynthia Cabrera: E-cigarettes are a viable solution to smoking
http://www.usatoday.com/story/opinion/2015/05/05/e-cigarettes-smoke-free-alternatives-trade-association-editorials-debates/26952613/

Washington Times editorial wisely opposes FDA deeming regulation for premium cigars (since it would ban vast majority of premium cigars) http://www.washingtontimes.com/news/2015/may/3/editorial-fda-attempts-to-regulate-premium-cigars/

US Sen. Sherrod Brown (D-OH) falsely accuses e-cig industry of target marketing to youth, repeats CDC's lies about teens and e-cigs, misrepresents impact of FDA deeming reg (that would ban >99.9% of e-cigs) to lobby for FDA e-cig ban
https://www.youtube.com/watch?v=A7Ep9-8c37U

Time headline falsely refers to e-cig prohibitionists (who are upset teen smoking has sharply declined to record lows) as "Health Experts" in article lobbying for FDA's proposed e-cig ban (that fails to acknowledge it would ban virtually all e-cigs)
http://time.com/3843214/e-cigarettes-regulation-health-experts/?xid=newsletter-brief

WSJ prints letter by Big Pharma financed ALA's Harold Wimmer lobbying for FDA's e-cig ban by deceptively claiming it bans sales to minors and requires warning labels, fails to disclose ALA's irreconcilable conflicts of interest with Big Pharma.
http://www.wsj.com/articles/gasp-the-fda-must-regulate-e-cigarettes-letters-to-the-editor-1430942333

THR Research

New meta analysis of published studies finds 18% of nicotine vapor product users (most of whom had used 1st generation e-cigs) remained smokefree for at least six months, nicotine vapor products were 2.29 times more effective for smoking cessation than no-nicotine vapor products, and vaping was associated with reduced cigarette consumption.
http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0122544

New Canadian e-cig survey finds:
- 55% of "ever users" reported using "no-nicotine" during their last e-cig use,
- 26% of "ever users" reported using "nicotine" during their last e-cig use,
- 19% of "ever users" reported not knowing if nicotine was in their last e-cig used,
- daily and former smokers were >2 times more likely to report using nicotine in their last e-cig used than were "never smokers",
- 26% of smokers who "ever used" an e-cig reported use during "past 30 days",
- 14% of nonsmokers who "ever used" an e-cig reported use in "past 30 days",
- 13% of 15-19 year olds who "ever used" an e-cig reported use in "past 30 days",
- never smokers accounted for 10% of "past 30 day" e-cig users,
http://tobaccoreport.ca/2015/TobaccoUseinCanada_2015_EcigaretteSupplement.pdf
(cited data on pages 9, 11, 14 and 15)

But University of Waterloo's press release for Canadian e-cig survey was deceptively titled "Youth just as likely to try e-cigarettes as smoking" to confuse and scare
http://www.eurekalert.org/pub_releases/2015-05/uow-yja050415.php

E-cig survey of Ontario high school students finds 72% of students who "ever used" an e-cig reported use of a no-nicotine e-cig, while 28% of students who "ever used" an e-cig reported use of a nicotine e-cig, indicating the US CDC falsely classified all teen e-cig users as "tobacco users" to confuse, scare and lobby for FDA's e-cig sales ban to adults
http://ntr.oxfordjournals.org/content/early/2015/01/24/ntr.ntu234.abstract

Tobacco Control Policies in Canada
http://tobaccoreport.ca/2015/TobaccoUseinCanada_2015_PolicySupplement_Accessible.pdf

Tobacco Use in Canada: Patterns and Trends
http://tobaccoreport.ca/2015/

Study finds acute inhalation of vapor products does not impair cerebral blood flow
http://www.fasebj.org/content/29/1_Supplement/833.1.abstract?

Study measures and analyses potential contaminants in 42 e-liquid bottles from 14 companies in 2013
http://www.mdpi.com/1660-4601/12/5/4796

THR Business

Imperial Tobacco reports 5% decline in underlying total tobacco volume (the vast majority of which is cigarettes) during six months ending March 31, 2015.
http://www.imperial-tobacco.com/index.asp?page=56&newscategory=18&year=2015&newsid=2137
http://www.imperial-tobacco.com/files/financial/results/hy2015/halfyear15_report.pdf

Taxation

Vermont House amends/passes bill (S 139) to impose 46% tax on vapor products, ban vaping in all workplaces and in cars with children present, ban vapor product advertising at vape shops and at other vapor product retailers, increase cigarette tax by $.33/pack over two years, and increase OTP tax by 12% over two years. Bill sent to Senate.
http://legislature.vermont.gov/bill/status/2016/S.139
http://vtdigger.org/2015/05/01/house-passes-12-million-health-care-package-with-e-cigarette-tax-restrictions/

CASAA Call to Action urges Vermont vapers to oppose bill (S 139) to impose 46% tax on vapor products
http://blog.casaa.org/2015/02/vermont-call-to-action-take-action-now.html

Vermont Gov. Shumlin says he opposes e-cig tax approved by VT House
http://www.wcax.com/story/28973922/shumlin-urges-caution-on-e-cigarette-tax

CASAA Call to Action urges Rhode Island vapers to oppose bill (SB 463) that would impose an 80% tax on vapor products. On May 5, RI Senate Finance Cmte recommended the bill be held for further study
http://blog.casaa.org/2015/05/rhode-island-call-to-action-oppose-80.html
https://legiscan.com/RI/text/S0463/2015

CASAA Call to Action urges Minnesota vapers to urge Conference Committee to reject provision in HF 848 to tax e-liquid at $.30/ml and extend the 95% tax to devices.
http://blog.casaa.org/2015/04/minnesota-call-to-action-oppose.html

MN Dept of Revenue analysis of Big Tobacco sponsored tax bill (SF 2025) that would sharply reduce tax on cigalike e-cigs and sharply increase tax on e-liquid falsely assumes MN vapor product tax revenue will keep increasing after FDA's proposed 2017 e-cig ban (i.e. 24 months after issuance of Final Rule) goes into effect.
http://www.revenue.state.mn.us/research_stats/revenue_analyses/2015_2016/sf2025(hf2182)_1.pdf

NATO's Thomas Briant: E-cigarette tax bill update
http://www.cspnet.com/category-news/tobacco/articles/e-cigarette-tax-bill-update

Big Pharma financed California tobacco controllers to circulate two petitions to increase tobacco taxes (with one petition also taxing lifesaving e-cigs)
http://www.latimes.com/local/political/la-me-pc-tobacco-tax-initiative-proposed-for-california-20150504-story.html

Manitoba government estimates cigarette tax revenue will decline 12% this year, primarily because smokers are switching to vaping
http://www.huffingtonpost.ca/2015/05/05/manitoba-predicts-drop-in_n_7213874.html

Press of Atlantic City (NJ) editorial opposes measures to tax e-cig
http://www.pressofatlanticcity.com/opinion/editorials/e-cigarettes-tough-to-tax/article_1d8ab1cb-1621-5101-a11b-b2250f094d93.html

Alabama House General Fund Cmte approves budget bill that would increase cigarette tax by $2.5/pack (from $.425 to $.675)
http://www.myfoxal.com/story/28996275/budget-committee-approves-cigarette-business-tax-increase

Cigarette trafficking thriving in Richmond (VA) area (due to much lower VA cig tax)
http://www.richmond.com/news/local/central-virginia/article_c1b62eb1-1c70-5753-826f-89d051340830.html

Vaping Bans

Delaware House approves bill (HB 5) to ban vaping in all workplaces except vape shops
https://legiscan.com/DE/votes/HB5/2015

CASAA Call to Action urges Delaware vapers to oppose bill (HB 5) to ban vaping
http://blog.casaa.org/2015/03/delaware-call-to-action-oppose-hb-5.html

Joel Nitzkin: E-cigarettes a friend to public health (op/ed opposing DE vaping ban bill)
http://delawarestatenews.net/opinion/e-cigarettes-a-friend-to-public-health/

Quebec legislation (Bill 44) would ban vaping in all workplaces, ban flavorings
http://www.huffingtonpost.ca/2015/05/05/quebec-tables-bill-target_n_7216008.html

Montreal Gazette editorial falsely claims e-cigs are gateways to cigarette smoking and are harmful to nonusers, endorses bill to ban vaping in all workplaces.
http://montrealgazette.com/opinion/editorials/editorial-new-smoking-restrictions-will-be-a-breath-of-fresh-air

New Haven (CT) bill would protect cigarettes by banning vaping in all workplaces, e-cig prohibitionist and propagandist Sen. Richard Blumenthal urges support.
http://www.nhregister.com/government-and-politics/20150427/new-haven-alders-amend-anti-tobacco-ordinance
http://foxct.com/2015/05/02/blumenthal-discusses-new-ban-on-smoking-in-new-haven/

PolitiFact Rhode Island: Study shows electronic cigarettes are less addictive than conventional ones
http://www.richmond.com/news/local/central-virginia/article_c1b62eb1-1c70-5753-826f-89d051340830.html

Clark County (WA) Board of Health protects cigarettes by banning vaping in workplaces
http://www.columbian.com/news/2015/apr/30/clark-county-bans-e-cigarettes-public-places/

Minor Sales Bans

Montana Gov. Bullock signs bill (SB 66) banning sales of vapor products and alternative nicotine products to minors
http://laws.leg.mt.gov/legprd/LAW0203W$BSRV.ActionQuery?P_SESS=20151&P_BLTP_BILL_TYP_CD=SB&P_BILL_NO=66&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_ENTY_ID_SEQ2=&P_SBJT_SBJ_CD=&P_ENTY_ID_SEQ=
http://billingsgazette.com/news/opinion/editorial/gazette-opinion/gazette-opinion-putting-vaping-off-limits-for-montana-kids/article_888c78b1-f597-5720-bb0b-b20afa9e585a.html

CASAA Call to Action urges Texas vapers to oppose two bills (SB 97 and HB 170) that would ban online purchases/transportation of vapor product sales by/to adults 18-21 years
http://blog.casaa.org/2015/02/texas-call-to-action-sb-97-should-be.html

Texas House approves HB 170 to ban vapor product sales to minors, and to restrict online sales to some adults
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB170

Big Pharma Drugs

DHHS task force draft recommendation misrepresents scientific evidence, falsely claims "evidence is insufficient to recommend" vapor products for smoking cessation, recommends all doctors discourage adult smokers from vaping, and give them Big Pharma's less-than-effective gums/lozenges/patches (that have a 93% failure rate) and less-than-safe Chantix, deceptively claims "tobacco use is the leading preventable cause of disease and death" (it's cigarette smoking); public comments accepted until 6/1/2015.
http://www.uspreventiveservicestaskforce.org/Page/Document/draft-recommendation-statement147/tobacco-use-in-adults-and-pregnant-women-counseling-and-interventions1
http://www.uspreventiveservicestaskforce.org/Page/Document/draft-evidence-review145/tobacco-use-in-adults-and-pregnant-women-counseling-and-interventions1
http://www.uspreventiveservicestaskforce.org/
http://www.nlm.nih.gov/medlineplus/news/fullstory_152349.html

Ross McKenzie and Wendy Rogers criticize Australian College of General Practitioners for hawking less-than-effective NRT and less-than safe Chantix/Zyban as the only effective ways to quit smoking, expose Big Pharma's funding of 70% of studies cited by the GP group's guidelines, 3 of the 8 guideline's authors, and 1 of 2 guideline reviewers; fail to mention that vapor products are more effective and less hazardous than Big Pharma drugs for smoking cessation, but recommend cold turkey as alternative.
https://theconversation.com/gp-guide-is-wrong-patches-and-meds-no-better-than-cold-turkey-quitting-40700#comment_662100

Snus and e-cig prohibitionists appropriately criticize less-than-effective and less-than-safe Big Pharma products for smoking cessation and advocate cold turkey alternative, but don't want cigarette smokers to have legal access to lifesaving snus or e-cig alternatives.
http://bmjopen.bmj.com/content/5/4/e007301.full

Junk Science, Propaganda and Lies

So-called 'experts' in Switzerland (most of whom hawk Big Pharma products for smoking cessation) recommend banning vaping in workplaces and taxing vapor products, but also recommend the Swiss government repeal its nicotine vapor product sales ban.
http://bmjopen.bmj.com/content/5/4/e007197.full.pdf+html
http://bmjopen.bmj.com/content/5/4/e007197.full

PBS promotes FDA's proposed e-cig ban (without acknowledging that crucial fact), repeats false and misleading fear mongering claims about vaping, interviews many e-cig prohibitionists and one vapor product vendor (Sean Gore), falsely claims products are "completely unregulated by the federal government"; Godshall responds
http://www.pbs.org/newshour/bb/vaping-save-smokers-create-new-nicotine-addicts/

Mike Siegel: Physicians, health departments, politicians, and anti-tobacco groups are all spouting misinformation about electronic cigarettes
http://tobaccoanalysis.blogspot.com/2015/05/physicians-health-departments.html

Two UC Davis professors of medicine misrepresent scientific evidence on e-cigs, repeat many disproved fear mongering claims about e-cigs, deceitfully claim e-cigs shouldn't be compared to cigarette smoking (even though smokers replace cigarettes with e-cigs) and that e-cigs must be proven safe (which is scientifically impossible because attempting to do so requires proving hundreds of negatives, and because because nothing is 100% safe
http://www.medpagetoday.com/PrimaryCare/Smoking/51266

Tacoma-Pierce County (WA) Health Dept repeats false and misleading fear mongering claims about e-cigs, issues press release claiming facts about e-cigs are "misinformation", Health Dept Director Chen falsely claims young nonsmokers who try e-cigs "are likely to become addicted for life" (despite no evidence any nonsmoker has become a daily vaper).
http://www.tpchd.org/health-wellness-1/tobacco-prevention-control/cigarettes/
http://www.tpchd.org/news.php?nid=893

So-called case study on childhood nicotine poisoning reveals (but doesn't admit) that child was never poisoned and that vomiting quickly expelled the ingested e-liquid, falsely claims 1mg of nicotine is toxic to scare (as every cigarette contains 25 mg of nicotine)
http://journals.cambridge.org/action/displayFulltext?type=6&fid=9664557&jid=CEM&volumeId=-1&issueId=-1&aid=9664556&fulltextType=CR&fileId=S148180351500010X

Mike Siegel: E-cigarette opponent claims that e-cigarettes are causing permanent brain damage among youth experimenters
http://tobaccoanalysis.blogspot.com/2015/05/e-cigarette-opponent-claims-that-e.html

Federally funded e-cig opponents Suchitra Krishnan-Sarin and Maciej L. Goniewicz make more fear mongering claims about e-cigs to scare and lobby for FDA e-cig ban
http://www.theage.com.au/lifestyle/life/the-allure-of-tricks-boosting-the-popularity-of-ecigarettes-among-teenagers-20150505-ggu207.html

Big Pharma financed AAP's Jonathan Winickoff (who falsely accused the e-cig industry of target marketing to youth and falsely claimed e-cigs were addicting nonsmoking youth at FDA's 2009 press conference to defend FDA's unlawful e-cig ban) now falsely claims experimentation with e-cigs can cause irreversible brain damage and drug addictions.
http://www.voanews.com/content/report-e-cigarettes-can-cause-permanent-brain-damage-for-teens/2744206.html

Iowa State's Madison Ward repeats many false fear mongering claims about vapor products by Obama's DHHS and its funding recipients
http://www.iowastatedaily.com/opinion/article_7f69200a-eeae-11e4-a7cc-a763b4cefb1f.html

Mike Siegel: California chapter of the American Medical Association lies to their fellow physicians and works to protect cigarette sales
http://tobaccoanalysis.blogspot.com/2015/05/california-chapter-of-american-medical.html

US News' Lisa Esposito interviews three vaping opponents with financial and ideological conflicts of interests, repeats their false fear mongering claims without any fact checking.
http://news.yahoo.com/9-things-consider-try-e-cigarettes-stop-smoking-130000914.html

Daily Mail article repeats false fear mongering claims by junk scientists, claim e-cigs can cause COPD, misrepresent cell tissue study and inappropriately extrapolate it to humans.
http://www.dailymail.co.uk/health/article-3073502/E-cigarettes-lead-chronic-lung-conditions-Vapour-gadgets-disrupts-cells-way-tobacco-smoke.html
 

 

- Bill Godshall

Godshall THRU 2015-05-08