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Bill Godshall Update 2014-05-02

Tobacco Harm Reduction Update - May 2nd, 2014

Science and Public Health, FDA, State Bills, Litigation, Taxation, E-cig Sales Bans to Minors, Vaping Bans, Smoking and Tobacco Use Bans, Mandatory Signs for Tobacco Retailers, Minimum Age, Tobacco Display Ban, Flavored Cigar Ban, Marketing and Labeling Regulation, Employment Discrimination, Mandatory Disclosure, Plain Packaging, E-cig Business, More Anti-Ecig Propaganda, Prohibition Laws.


Science and Public Health

Survey data report by ASH UK 'Use of electronic cigarettes in Great Britain' finds:
- 2.1 million adults in UK currently use e-cig products, increasing from 700,000 in 2012
- 17.7% of adult smokers are current vapers,
- 4.7% of exsmokers (most of whom switched to vaping) are current vapers,
- 0.1% of never smokers are current vapers,
- 47% of vapers now use prefilled cartridges and 52% began using prefilled cartridges,
- 41% of vapers now use tanks and e-liquid and 24% began using tanks and e-liquid,
- 8% of vapers now use disposable e-cigs, and 20% began using disposables,
- current vaping by minors is rare and confined almost entirely to smokers and ex-smokers.

UK survey data show fear-mongering claims by ecig opponents have been dead wrong

ACSH - UK Survey: smokers quit with e-cigs, teens not attracted to them

Electronic cigarette users triple in past two years, health charity survey reveals

Brad Rodu: Federal e-cigarette data AWOL

US government suppresses 2011 Current Population Survey data on e-cigarette use: an emerging tobacco product section that was initiated in 2003, asked about use of dissolvables (2010-2011 main survey), and E-cigarettes during the May 2011 follow-up survey. (see page 13)

Reynolds American reports 4.4% cigarette volume decline in 1Q14 for entire industry, 5.2% RJR cigarette volume decline, 10.7% American Snuff smokeless tobacco volume increase, Vuse e-cig to be launched nationwide this summer and is leading selling e-cig in Colorado and Utah

Altria reports 2.5% cigarette volume decline in 1Q14, 5.9% increase in smokeless tobacco volume, to launch MarkTen e-cig nationwide in June.

Lorillard reports 2.9% cigarette volume decline in 1Q14, $51 million in sales of blu eCigs.

Sally Satel and Brad Rodu: Everyone is asking the wrong questions about e-cigarettes

Gil Ross: The deadly war on e-cigarettes

CDC Director Tom Frieden commits public health malpractice yet again by grossly misrepresenting scientific and empirical evidence on e-cigs and public health to confuse, scare and lobby for bans that protect cigarettes and threaten lives of vapers and smokers,0,4147326.story

Carl Phillips: CDC Director Tom Frieden explains that he hates e-cigs because he is clueless

Mike Siegel: CDC continues to spread unsupported propaganda and misinformation about electronic cigarettes

Mike Siegel: Congratulations to tens of thousands of 'anecdotes' who have successfully quit smoking via electronic cigarettes

Large online survey shows that users of e-cigarettes are smokers trying to quit  and they are succeeding

Mike Siegel: Huge survey of dedicated e-cig users confirms that quitting smoking or greatly reducing the amount smoked are the main reasons for vaping

Where Vaper Comes Sweeping Down the Plain: E-cigarettes take hold in Oklahoma

Up in Smoke: E-Cigarette #VapeLife Embraced By the Internet


FDA proposes deeming reg that would protect cigarettes (from market competition by e-cigs), give e-cig industry to Big Tobacco (and perhaps several large cigalike companies), and threaten the lives of millions of vapers and smokers by banning >99% of vapor products (including mods & e-liquids) two years after issuance of Final Rule (which could take more than two years to issue). FDA allows just 75 days (till July 9) for public comments on 241 page proposal drafted by many FDA staff and attorneys over past 30 months that misrepresents the scientific and empirical evidence on e-cigs and nicotine, makes false and misleading claims, and requests comments on dozens of complex issues.!documentDetail;D=FDA-2014-N-0189-0001

After 14 months, FDA's Mitch Zeller responds to our Petition to White House to "Prevent the FDA from regulating or banning the sale and use of electronic cigarettes, accessories and associated liquids" on same day deeming regulation was proposed by falsely claiming "the proposed regulation would not ban them". In fact, the deeming reg would ban ALL e-cig products that FDA doesn't explicitly approve (which would include >99% of the ten thousand plus e-cig products, including all mods and e-liquid).

April 27th Vapers Place discussion on impact of FDA deeming regulation with Greg Conley, Oliver Kershaw, David Dorn, Jeff Stier and Bill Godshall

Carl Phillips: Scientific claims in the FDA deeming regulation (part 1 of ???)

American Vaping Association's Greg Conley opposes FDA proposed deeming regulation since it would give e-cig industry to Big Tobacco and ban sale of nearly all e-cig products

SFATA press release opposes FDA regulating e-cigs as tobacco products, while endorsing some of FDA's spin and proposals to regulate e-cigs as tobacco products.

CASAA assessment of FDA deeming regulation

CASAA correctly says FDA regulation of e-cigs has huge costs, little or no benefit

ACSH on proposed FDA deeming regulation

Mike Siegel: FDA gives huge gift to combustible tobacco, and to cancer

Mike Siegel - FDA's proposed e-cig deeming regulations: The good, the bad and the ugly

Statement of Jeff Stier on FDA's announcement on e-cigarette regulations

R Street comments on FDA proposed regulations on e-cigarettes

Jacob Sullum: Will FDA regulation preserve or destroy the e-cigarette industry

NATO's Thomas Briant: FDA deeming summary and timing; Regulations could take upwards of two years to finalize

Tamara Tabo - 'Smoke Signals: The misinformation behind FDA's proposed regulation of e-cigarettes'

Lorillard press release applauds FDA deeming regulation proposal (that would protect Lorillard's cigarettes from market competition by e-cigs, and would ban >99% of vapor products that compete against Lorillard's Blucigs) as Murray Kessler urges FDA to develop a 'reasonable, scientifically-based regulatory framework covering e-cigarettes' to ensure approval of Lorillard's e-cig product applications.

Why Are Tobacco Companies So Positive About E-Cig Regulation?
Reynolds American's Richard Smith "We believe the F.D.A. will regulate the e-cigarette category based on sound science"

Large Cigalike companies applaud FDA proposal to ban superior mods and e-liquid vapor products that are now used by former cigalike customers, and that are less expensive and more effective for smoking cessation than cigalikes

Big Cigalike companies endorse proposed FDA deeming regulation to ban >99% of superior vapor products marketed by smaller competitors

Large e-cig companies endorse FDA's proposed regulation to ban small competitors

SFATA opposes FDA tobacco regulations for e-cigs; Vapor Corp's Jeffrey Holman applauds FDA deeming reg and demonizes e-liquid products that are far more effective for smoking cessation and that many former Vapor Corp's cigalike customers now use

TVECA (which endorsed unwarranted EU e-cig reg/ban) endorses FDA's proposed deeming regulation (before reading it) that would ban >99% of e-cig products (including those marketed by TVECA members), falsely claims to 'represent entire e-cig industry'

Critics say FDA out to ruin e-cigarette industry; after praising proposed FDA deeming regulation, TVECA's Ray Story criticizes agency's proposal for protecting Big Pharma

NBC News falsely claims 'public health experts' support FDA deeming regulation that would ban >99% of e-cig products (as ethical public health experts support smokers reducing their disease risks by switching to e-cigs), DHHS Secretary Sebelius and FDA Commissioner Margaret Hamburg repeat false and misleading fear mongering claims about e-cigs to confuse, scare and lobby for newly proposed e-cig deeming reg/ban

Big Pharma funded e-cigarette prohibitionists that urged FDA to unlawfully ban e-cigs in 2009 (i.e. Campaign for Tobacco Free Kids, American Cancer Society, American Heart Association) want newly proposed FDA deeming regulation approved ASAP without proper regulatory review, make more false and misleading claims about products

Sen. Durbin criticizes FDA proposal (that would ban >99% of e-cig products) as too weak, SFATA opposes proposed FDA deeming regulation (because it would ban >99% of products marketed by SFATA members), LOGIC's Miguel Martin applauds proposal (because it would ban >99% of superior products marketed by competitors).,0,655389.story#ixzz2zuFG546o

Sen. Blumenthal falsely claims e-cigs gateways to cigarettes and flavorings are target marketed to youth, urges FDA to impose regulations ASAP without proper regulatory review; CASAA's Carl Phillips exposes Blumenthal's lies.

Federal, state and local taxpayer funded e-cig prohibitionists go to DC to repeat false and misleading fear mongering claims about lifesaving products

US Senate Democrats invite e-cig prohibitionists and propagandists to testify at hearing on Monday to further fuel fear and hysteria over lifesaving products.

NY Times article announcing/endorsing proposed FDA deeming regulation quotes only supporters, quotes Legacy's David Abrams saying "You won't be able to mix nicotine in your bathtub and sell it anymore", but fails to acknowledge the deeming regulation would prompt hundreds of thousands of vapers to buy black market e-liquid and mix their own.

FDA's Margaret Hamburg repeats fear-mongering claims about lifesaving e-cigs, American Vaping Association's Greg Conley correctly says proposal gives e-cig industry to Big Tobacco, SFATA opposes regulating e-cigs as tobacco product, Blu eCigs' Jason Healy endorses FDA proposal because it would eliminate >99% of competition.

Huffington Post headline correctly states 'E-Cigarette Rules Are Essentially A Huge Win For Big Tobacco', but article repeats spin doctoring instead of analyzing FDA proposal.

E-Cigarettes Face First Regulations

Reuters article announcing FDA deeming reg proposal misleads readers to believe they are supported by nearly everyone except e-cig prohibitionists

ABC NEWS story on FDA deeming regulation quotes only supporters and repeats false and misleading fear-mongering claims, fails to disclose financial conflicts of interest

Forbes article on FDA deeming regulation cites Harvard's John Quelch correctly predicting the reg would primarily benefit Big Tobacco companies, but quotes him falsely claiming '1.3 million eCig smokers converted to tobacco.'

BloombergBusinessweek story on FDA deeming reg only quotes comments of supporters

The FDA's premium cigar dilemma (as agency proposes lenient regulations for premium cigars, while proposing ban on >99% of lifesaving e-cig products)

State Bills

(to Ban/Restrict E-cig Sale to Adults, under guise of protecting kids)

California Assembly Cmte on Government Organization amends/approves bill (AB 1500) that would ban Internet, mail order and telephone sales and deliveries of e-cig products to adults, re-referred to Appropriations Cmte;jsessionid=9d70a1c603de41b17ef7d75621e5

Vermont House approves bill (SB 239) that would ban sales of e-liquid to adults unless bottles contain federally approved child proof caps despite no evidence anyone child has been harmed from ingesting e-liquid

Vermont Senate amends/approves bill (HB 217) to require 'child proof packaging' for all e-liquid products (but not refill cartridges, disposables, cigarettes or other tobacco products), referred back to House for concurrence (see page 53)

Illinois bill (HB 5689) to ban sales of all e-liquid products that don'™t comply with yet-to-be drafted special packaging regulations (that would be preempted by FDA deeming reg) referred to Senate Public Health Cmte

New York Senate Health Cmte amends bill (S 6939) to ban sales of e-liquid and refillable cartridges to adults, would allow only sale of inferior and expensive disposable cigalikes

New York Assembly Health Cmte amends bill (A 9309) to ban sales of e-liquid and refill cartridges to adults, would allow only sale of inferior and expensive disposable cigalikes

New York Senate Health Cmte amends bill (S 7027) to ban the sale of all e-liquid products unless they include a warning label listing nicotine level, claiming e-liquid is derived from tobacco (to demonize the products) and is addictive (despite no evidence any nonsmoker has ever become dependent on e-liquid), and contain child proof caps (that can leak, and despite no evidence any child has ever been harmed by e-liquid).
S 7027 also would ban e-liquid sales to minors (since Linda Rosenthal'™s 2012 bill/law that banned e-cig sales to minors didn'™t include e-liquid because she knew very little about e-cigs except how to demonize and lobby to ban them)

Mission Viejo (CA) Councilwoman Rhonda Rheardon wants to protect cigarette markets by imposing moratorium on new e-cig retailers


Illinois Appeals Court reinstates $10.1 billion verdict against Philip Morris in Price/Miles 'light' cigarette class action lawsuit, Altria to urge Illinois Supreme Court to review case


Raising taxs on e-cigarettes makes no sense (NJ)

NJ Democrat State Senator Joseph Vitale wants to appropriate proposed e-cig tax revenue for state programs to pay for heroin addiction treatment, and for more programs that hawk ineffective and less than safe FDA approved smoking cessation drugs

New York bill (S 7139) would require all e-cig vendors to register with Dept of Taxation and Finance, and Dept of Health

E-cig sales bans to minors

Big Pharma funded CTFK keeps lying about and lobbying against state bills that would ban e-cig sales to minors (since CTFK wants FDA to ban e-cigs used by adult smokers), AVA's Greg Conley, CASAA's Julie Woessner and SFATA's Phil Daman provide objective and accurate statements on various state and local e-cig legislation

Oklahoma Governor Fallon signs bill (SB 1602) banning sale of 'vapor products' to minors

Georgia Governor Deal signs bill (HB 251) banning sales of 'vapor products' and 'alternative nicotine products' to minors

Iowa Senate amends/approves, House concurs on Senate amendments on bill (HB 2109) to ban sale of 'vapor products' and 'alternative nicotine products' to minors

Florida House amends/approves, Senate amends/approves bill (SB 224) to ban sale of 'nicotine dispensing devices' e-cigs to minors, sent back to House for concurrence

Connecticut Senate approves bill (SB 24) to ban sale of electronic nicotine delivery system vapor products to minors

Louisiana House amends/approves bill (HB 1264) to ban the sale of 'vapor products' and 'alternative nicotine products' to minors, referred to Senate Judiciary Cmte

Louisiana Legislative Bureau amends bill (SB 12) to ban sales of 'vapor products' and 'alternative nicotine products' to minors

Missouri House Cmte on General Laws approves bill (SB 841) to ban sale of 'vapor products' and 'alternative nicotine products'

Missouri bill (HB 1690) to ban sale of 'vapor products' and 'alternative nicotine products' to minors referred to Senate Committee on General Laws

Delaware bill (HB 241) to ban sales of 'tobacco substitutes' (including e-cigs) to minors referred to Senate Health Cmte$file/legis.html?open

Vaping Bans

Delaware bill (HB 309) to ban vaping introduced April 29, Health Cmte scheduled public hearing and potential vote for April 30 (to prevent vapers and vendors from testifying):
Health Cmte cancels April 30 meeting after hearing from many vapers and vendors$file/legis.html?open

CASAA issues Call to Action opposing Delaware bill (HB 309) to ban vaping, prompting many responses that resulted in cancellation of April 30 DE House Health Cmte meeting

News stories promote Delaware bill to ban vaping (HB 309), but don't report stealth tactics of bill sponsor and Health Cmte Chair to prevent public input

Should e-cigarettes be allowed in the workplace?

Reason TV - Thank You For Vaping: Libertarians vs. New York City's E-Cig Ban

The Independents: New York City vape-in protest

E-cig fans protest ban at 'vape-in'; Bill Godshall: "There's no evidence that e-cigarettes have caused any disease or any death."

Vapers swarmed the Museum of Sex on the Eve of New York's e-cigarette ban,
Bill Godshall urges vapers to tell Congress 'don't let the FDA take away these products that are saving my life.'

Users bemoan e-cig laws in NYC, Chicago as prohibitionists keep lying about lifesaving products

Prohibitionist Thomas Farley keeps lying about e-cigs as NYC vaping ban takes effect

Chicago's counterproductive, but enforceable vaping ban takes effect,0,4808057.story

Smoking and Tobacco Use Bans

Philly Mayor Nutter bans smoking at city parks to purportedly 'motivate smokers to quit', but violators face no fines or penalties

Hawaii Conference Committee amends and recommends, HI Senate and House approve bill (SB 651) to ban smoking in public housing projects, bill sent to governor

New York Assembly Health Cmte amends bill (A 553) that would ban outdoor smoking at public parks, beaches and golf courses (with some exemptions).

New York Assembly Health Cmte amends bill (A 450) that would ban outdoor smoking on all state and local government property, including all public parks and beaches (except for Adirondack Park and Catskill Park)

New York Senate Committee on Higher Education amends bill (S 4853) to ban all tobacco sales and use at all State University of New York campuses

Mandatory Signs for Tobacco Retailers

Massachusetts Joint Committee on Public Health approves bill (S 1976) that would require all tobacco retailers to post signs (to be developed and provided by MA Health Dept) promoting smoking cessation programs that recommend ineffective gums, lozenges and patches and less than safe Chantix as the most effective ways to quit smoking.

Minimum Age

New York bill (SB 7053) introduced to increase minimum age for tobacco sales to 19, referred to Senate Health Cmte

Tobacco Display Ban

New York Assembly Health Cmte amends bill (A 9096) that would require all pharmacies to hide tobacco product displays from adult consumers

Flavored Cigar Ban

New Jersey bill (SB 1968) introduced to ban sales of flavored cigars (but not far more harmful menthol cigarettes), referred to Senate Health Cmte

Marketing and Labeling Regulation

Massachusetts Joint Cmte on Public Health approve bill (S 1055) to require Dept of Public Health to create regulations restricting marketing, labeling and youth access of 'Other Tobacco Products'

Employment Discrimination

Health Care Institutions Should Not Exclude Smokers from Employment

Mike Siegel: New article argues that hospitals denying employment to smokers is not consistent with principles of medicine

Mandatory Disclosure

Massachusetts Joint Cmte on Public Health approves bill (SB 1046) to require manufacturers of all brands of cigarettes, snuff and chewing tobacco to disclose (to the Dept of Public Health) detailed information on all constituents, and to require cigarette brand manufacturers to report all purportedly toxic constituents in secondhand smoke

Plain Packaging

In letter to World Trading Organization, Cuba claims proposed UK plain packaging ban is anti-capitalist and threatens free trade, urges opposition.

E-cig Business

Vapor shops popping up as more smokers switch (Philly)

E-cigarette shop opens in Danville (IL)

More anti-ecigarette propaganda disguised as public health

National Association of County and City Health Officials president Terry Allen repeats lies about e-cigs to lobby for FDA and local bans to prevent smokers from reducing risks

Despite no evidence e-cigs are marketed to, or are used regularly by nonsmoking teens, Legacy falsely accuses e-cig companies of marketing to youth by citing irrelevant junk science and by repeating fear mongering claims by other e-cig prohibitionists

NBC NEWS headline and Maggie Fox repeat Legacy'™s false and malicious accusations about e-cig marketing without any objective analysis or fact checking

CDC Director Tom Frieden and Big Pharma funded ALA keep lying about e-cigs to scare public, prevent smokers from sharply reducing their disease and death risks

Philadelphia (PA) Health Department'™s Nan Feyler protects cigarettes by repeating false and misleading fear mongering claims about e-cigs and e-liquid to confuse and scare, discourage smokers from switching to far less hazardous life saving alternatives

New York Times columnist Nicholas Kristoff equates e-cigs with lethal cigarettes, repeats false fear mongering claims about lifesaving e-cigs to promote FDA deeming regulation that would protect cigarette markets and ban >99% of e-cig products

USA Today (which has repeatedly editorialized for FDA deeming reg) article falsely claims e-cig prohibitionists are 'consumer advocacy groups', repeats many false and misleading claims about e-cigs as factual, fails to interview real e-cig consumer groups

Dr. Ari Gilmore repeats false and misleading fear mongering claims about e-cigs to confuse, scare and lobby for FDA proposed deeming reg that would ban >99% of e-cigs

More news stories repeat misleading FDA talking points and deceptive claims by other e-cig prohibitionists and FDA deeming regulation, e-cigs and nicotine to confuse and scare

Prohibition Laws

Globe and Mail editorial endorses new proposal by NSRA (a longtime advocate of Health Canada's counterproductive e-cig ban) urging Health Canada to regulate e-cigs as tobacco products, which would ban all e-cig advertising to smokers

Singaporeans defy ban on e-cigarettes

- Bill Godshall