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Bill Godshall Update 2014-05-08

Tobacco Harm Reduction Update - May 8th, 2014

Evidence Based Public Health, FDA Deeming Reg/Ban, More Junk Science Propaganda, Taxation, State Ecig Adult Marketing/Usage Bans/ Restrictions, Litigation, Ecig Sales Bans To Minors, Other State / Local, Smoking Bans, Employment Discrimination, Chantix, Contraband / Tax Evasion, Lung Cancer Screening, International, UK.


Evidence Based Public Health

Gil Ross: E-cigarettes aren't tobacco, so don't treat them like they are

Boston Herald editorial: Hey, who needs science? (criticizes unscientific vaping ban and hypocritical Boston Public Health Commissioner)

New book by Joe Schwarz exposes science vs junk science propaganda "Is That a Fact?"

Proponents tout benefits of e-cigarettes to quit smoking (PA)

Tobacco trends and insights from NATO show (more smokers switching to e-cigs)

Imperial Tobacco reports 8% cigarette volume decline for 4Q13 & 1Q14

British American Tobacco reports 1.1% cigarette volume decline for 1Q14

Vaping electronic cigarettes gets green light in some offices; Ben Popkin's article is accurate and objective, but Dr. Nancy's video is fear-mongering propaganda

County jails in Tennessee let inmates use e-cigs

Sensationalized title, but objective article on e-cig battery and recharger safety

Smoke-free Moorestown shows common sense (NJ) by not banning outdoor smoking and vaping at parks

FDA Deeming Reg/Ban

Meghan Neal: The e-cig industry will choke on new FDA regulations - Except Big Tobacco

Mike Siegel - Deeming Regulations: New product applications make no sense for electronic cigarettes

For e-cigarette makers, a $10 billion market at stake

Henley Vaporium's Jonathon Denholtz correctly states proposed FDA deeming reg would ban nearly all e-cig products now on market, give e-cig industry to Big Tobacco

Civil rights and liberties lawyer Norman Siegel: FDA must tread lightly on e-cigs

Mike Siegel: CDC again lies to public in attempt to demonize electronic cigarettes

Eli Lehrer - Dimishing Returns: The campaign against third-hand smoke and e-cig vapor

James Taranto - Vapor Madness: Nicotine nannyism and pot permissiveness

Amy Fairchild repeats intentionally deceptive FDA spin on e-cig flavorings, but proposed deeming reg would ban all flavored e-liquids two years after issuance of Final Rule

Duped and sheep-like reporters, editors and columnists repeat false and misleading claims about e-cigs by Obama's DHHS, Big Pharma front groups and other prohibitionists as factual, endorse (without reading or comprehending) proposed FDA reg that would ban >99% of e-cigs, give e-cig industry to Big Tobacco, and threaten the lives of vapers and smokers,0,3530480.story

FDA funded e-cig prohibitionist Stan Glantz urges FDA to not extend 75 public comment period for newly proposed deeming reg (that took dozens of FDA staff and attorneys nearly three years to draft) to prevent millions of vapers and tens of millions of smokers (whose lives are threatened) and thousands of e-cig companies (that would be put out of business) from submitting comments to FDA.

Big Pharma funded American Lung Association's Harold Wimmer repeats false claims about e-cigs and FDA's proposed reg/ban, fails to ethically disclose ALA's financial conflict of interest; commenters correct Wimmer's false claims

NYC Health Dept's Sheila Feinberg criticizes FDA's proposal to ban >99% of e-cig products (that have saved millions of smokers lives of many smokers) as too weak

Ken Perkins corrects PG editorial's false claim about nicotine and addiction, but endorses FDA deeming reg that would ban >99% of e-cigs and give e-cig industry to Big Tobacco

New England Journal of Medicine refuses to correct data on children's e-cigarette use but prints "flavored OTP = candy" propaganda letter that falsely implies flavored cigars, smokeless tobacco and e-cigs are more addictive and harmful than menthol cigarettes.

CTFK, Legacy and BloombergBusinessWeek misrepresent "flavored OTP = candy" propaganda letter in NEJM as scientific evidence, ignore far more addictive and deadly menthol cigarettes (that CTFK lobbied to exempt from TCA's flavored cigarette ban).

Despite no evidence that any human has ever been killed by ingesting nicotine, e-cig prohibitionists keep claiming otherwise, repeat lie that one teaspoon of e-liquid is a lethal dose to confuse and scare the public, and to lobby for more e-cig bans.

More Junk Science Propaganda

Unscientific NY Times runs front page headline/article touting two unpublished studies, demonizes e-liquid and premium vaporizers, fails to acknowledge that a cup of coffee emits far more carcinogens and toxins than premium vaporizers, which are far more effective than cigalike e-cigs for smoking cessation.

Reckless NY Times e-cig "carcinogen" article touted by other irresponsible news media

Brad Rodu: The New York Times plays patsy for anti-tobacco voices

NY Times editorial further exaggerates its sensationalized article (touting unpublished studies), claims vapers "get a big dose of formaldahyde or other carcinogens as well" to demonize products and lobby for FDA deeming reg and other e-cig prohibition laws.

Greater New Haven (CT) e-cigarette shop owners slam critics' 'scare tactics', Sen. Blumenthal falsely claims e-cigs can lure children "into a lifetime of smoking addiction and cost our society billions of dollars" to scare public and lobby for FDA deeming reg

Mike Siegel: U.S. Senator lying to the public about the science in order to promote e-cigarette flavoring ban

E-cig prohibitionist Robert McMillen claims to be "alarmed" by his unpublished survey finding 81% of young parents correctly think e-cigs are less hazardous than cigarettes, misrepresents "ever users" of e-cigs as "current users", misrepresents vapers who quit smoking as "exsmokers" and "never smokers" to confuse and scare media and public.

RTI press release headline claims its unpublished lab test found e-cigs "may cause, or worsen respiratory diseases, among youth", touts author's fear mongering claims, but study didn't evaluate any diseases or any youth, and hasn't even been published.

Big Pharma funded Mayo's Richard Hurt lies about e-cigs by claiming "We don't have any real evidence that they help people stop smoking," article fails to disclose Mayo's and Hurt's multi million dollar financial conflict of interest

BreathEasy Augusta (GA) chairwoman Jennifer Anderson falsely and absurdly claims "Since e-cigarettes are not regulated by the Federal Trade Commission, there is no scientific data to support the safety of e-cigarettes for the user and for others in close proximity who inhale the emitted e-cigarette vapors", and "We do not know that e-cigarettes are safe and need to restrict them until further research is conducted".

NY Times sports reporter Karen Crouse, WV Health Dept's Bruce Adkins and UCSF's Stan Glantz demonize smokeless tobacco, stigmatize golfers who use products, fail to acknowledge smokeless tobacco product are 99% less hazardous than cigarettes and have helped several million smokers quit smoking in US and Sweden.

CDC deceptively labels/rates State policies for Tobacco Use (not cigarettes) on cigarette tax, state spending and misleading smoking ban criteria, equates all tobacco use with truly hazardous cigarette smoking


Vermont Senate passes, House refuses to concur on bill (HB 884) that would tax e-cigs at 92% of wholesale price, increase snuff tax from $1.87 to $2.18/oz, to Conference Cmte (pg 39)

CASAA issues Call to Action opposing Vermont bill (HB 884) to tax e-cigs at 92%

Ken Braun: Taxing e-cigarettes like cigarettes would result in more cancer

Chris Christie resorts to e-cigarette tax to plug $807 million deficit (and his appointees lobby for it by making false fear mongering claims about the lifesaving products)

Clueless or dishonest NJ Treasurer Andrew Sidamon-Eristoff asks: "Why should we favor one form of tobacco-derived nicotine over another?"
Because cigarettes are highly addictive, deadly and costly for the state, while e-cigs are far less hazardous, reduce cigarette consumption, save lives and reduce state spending. Besides Gov. Christie's e-cig tax proposal heavily favors untaxed "tobacco-derived nicotine" sold by Big Pharma and hawked by NJ Health Dept and other e-cig opponents.

E-cig prohibitionist CTFK endorse NJ Gov. Christie's proposal to tax smokefree e-cigs the same rate as highly addictive and deadly cigarettes as not enough, which would protect cigarettes, threaten the lives of NJ vapers and smokers, and increase tax evasion.

Cigars could face an online retail disaster (by federal Marketplace Fairness Act bill)

State e-cig adult marketing/usage bans/restrictions

Vermont Senate amends/approves, House approves bill (H 217) to require "child resistant packaging" for e-liquid (but not disposables, prefilled cartridges or far more harmful tobacco or alcohol products), sent to governor

CASAA issues Call to Action opposing NY bills that would ban/restrict sales of e-liquid to adults and ban vaping in all workplaces (under false guise of protecting children)

New York State lawmakers debate e-cig bills

New York Senate approves bill (S 6562) that would ban vaping in all workplaces by falsely redefining "smoking" to include the use of smokefree e-cigs

New York State Conservative Party criticizes state legislation that would ban e-cig use

New York Senate Health Cmte approves bill (S 6939) to ban sale of all e-liquid products to adults (under deceitful guise of protecting children), but not more expensive and less satisfying disposable e-cigs or cartridge refills, nor drugs that cause 90% of childhood poisoning deaths or far more hazardous cigarettes, alcohol, knives, cars, trucks, motorcycles, gasoline, household cleaners, etc.

Proposed e-liquid ban could snuff out business (NY)

New York Senate Health Cmte approves bill (S 7027) to ban sale of e-liquid (but not disposables or refill cartridges) unless package includes warning label claiming e-liquid is derived from tobacco (to demonize the products), and is addictive (despite no evidence any nonsmokers has ever become dependent on e-liquid), and unless e-liquid bottles contain a child proof cap.

Gil Ross: Banning e-cigarettes would hurt smokers trying to quit (NY)

New York Senate Health Cmte approves bill (S 7139) to require e-cig vendors to register with NYS Health Dept, referred to Finance Cmte

New York Assembly Health Cmte amends bill (A 9299) to ban sale of e-liquid to minors (as Linda Rosenthal's 2012 bill/law banning e-cig sales to minors exempted e-liquid)

New York Assembly Codes Cmte amends bill (A 8178) to ban use vaping everywhere smoking is banned by falsely redefining "smoking" to include use of smokefree e-cgis

Illinois Senate Assignment Cmte amends/recommends, Public Health Cmte recommends bill (H 5689) to ban sales of e-liquid to adults (under false guise of protecting children), but not more expensive and less desirable disposable e-cigs or prefilled cartridges, nor far more hazardous cigarettes or alcohol products) unless they comply with not-yet-drafted "child-safe" packaging regulation by Health Dept, 2nd reading set for May 8

CASAA issues Call to Action opposing California bill (AB 1500) that would impose unwarranted costs and burdens for e-cigs sales to and purchases by adults via the Internet, mail and phone order, would harm vendors in CA and benefit those outside CA.

Minnesota House amends/approves, Senate Rules and Administration Cmte recommends bill (HF 2402) that would ban vaping wherever smoking is banned, require all e-cigs (but not far more hazardous cigarettes or alcohol products) to sold in "child proof packaging" according to federal law CFR title 16, section 1700.15(b)(1)

Minnesota bill (HF 3369) introduced would mandate unspecified "child-resistant packaging" for any liquid "intended for human consumption and use" in an "electronic nicotine device" (but not for far more hazardous cigarettes or alcohol products)

Minnesota Senate Finance Cmte equates vapor with smoke, approves bill (SF 2027) to ban vaping wherever smoking is banned, goes to full Senate

E-cigarettes: Big Businesses, unanswered questions (MI)

Michigan e-cig opponents lobby for bill (HB 5393) that would falsely define smokefree e-cigs as "smoking devices", ban sales to minors, and require all e-cigs (but not far more hazardous cigarettes or alcohol products) be sold in a "child resistant container" that meets requirements of a federal law CFR title 16 and Public Law 91-601.

Gil Ross: E-cigarettes aren't tobacco, so don't treat them like they are (MI)

San Diego Board (CA) of Supervisors approve initial vote to ban vaping in all workplaces and public places despite zero evidence that products pose a risk to public

Hancock and Berkeley County (WV) Boards of Health promote regulations to ban vaping (and smoking) in workplaces

NATO's Thomas Briant: The e-cigarette legislative environment


Bryan Haynes and Michael Lacy - E-cigarette marketing: Misleading or Puffery?

E-cig sales bans to minors

Iowa bill (HF 2109) to ban sale of "vapor products" and "alternative nicotine products" to minors sent to governor

Connecticut House concur with Senate on bill (SB 24) to ban sale of electronic nicotine delivery system vapor products to minors, goes to governor

Florida House concurs with Senate on bill (SB 224) to ban sales of nicotine dispensing devices to minors, goes to governor

Missouri House Rules Cmte recommends bill (S 841) to ban sale of "vapor products" and "alternative nicotine products" to minors

Louisiana Senate Judiciary Cmte recommends bill (H 1264) to ban sale of "vapor products" and "alternative nicotine producs" to minors

Delaware Senate Health Cmte votes "On Its Merits" for bill (HB 241) to ban sales of "tobacco substitutes" (including e-cigs) to minors$file/legis.html?open

Michigan House Regulatory Reform Cmte substitutes/approves, House approves bill (HB 4997) to ban the sale of "vapor products" and "alternative nicotine products" to minors

Other State/Local

Maryland Attorney General repeats false and misleading fear mongering claims by CDC about e-liquid safety (to lobby for FDA deeming reg), sends bullying letters to 10 companies that don't even market e-liquid to consumers

Michigan Health Dept's Matthew Davis advocates protecting deadly cigarettes by banning use of lifesaving e-cigs and taxing them

Arkansas Health Dept falsely claims e-cig vapor harmful to users and nonusers to lobby for cigarette protecting vaping bans and to discourage smokers from quitting smoking

Retired OK Health Dept's Doug Matheny criticizes tobacco companies for lobbying to ban e-cig sales to minors (after Matheny and other e-cig demonizers hypocritically urged the OK House to defeat a 2013 bill that would have banned e-cig sales to minors)

Niagra County (NY) manager falsely claims e-cigs are "cigarettes", Niagra County attorney Claude Joele falsely claims vaping is "burning" tobacco to falsely claim smoking ban also bans vaping in all county workplaces, announce plan to ban vaping on county owned property.

Smoking bans

Kansas City (M)) Housing authority bans smoking in >1,700 public housing units

Employment Discrimination

Monroe County (FL) Commissioners won't hire smokeless tobacco users (or smokers) because cigarette smoking is hazardous and imposes costs on county


Convicted of murder, soldier blames smoking-cessation drug Chantix

Contraband / Tax Evasion

Authorities seize $15 million of illegal tobacco in Victorian property raid (Australia)

Lung Cancer Screening

Medicare panel votes against $300-$400 CT scans for lung cancer screening for heavy smokers


Clive Bates: WHO plans e-cigarette offensive

Panel appointed for WTO mega-case on Australia plain packaging


Clive Bates - Updated info post: TPD - provisions relating to e-cigarettes

Clive Bates - Regulation of e-cigarettes: general ideas Leaked UK Labour Party document says party would impose more laws restricting marketing of fat, salt, sugar, alcohol, tobacco disguised as public health measures

Alexis Petridis: How I lost my cool and learned to love e-cigarettes

E-cigarette firms must pursue brand 'intimacy' to counter lack of customer loyalty

E-cigarettes: Miracle or health risk? (includes objective info, but then repeats fear mongering by e-cig prohibitionists)

- Bill Godshall