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Bill Godshall Update 2014-12-03

Tobacco Harm Reduction Update - December 3rd, 2014

FDA Deeming Reg/Ban, FDA MRTP, FDA HPHC, CDC, THR, UK, Germany, Canada, E-cig Business, E-cig Conferences, Litigation, Taxation, E-cig Regulation, Vaping Bans, E-cig Sales Bans To Minors, Government Funded Lobbying, Minimum Age, Smoking Cessation, Junk Science, Propaganda and Lies.

FDA Deeming Reg/Ban

US House Speaker John Boehner, Majority Leader Kevin McCarthy and Energy and Commerce Committee Chair Fred Upton urge DHHS Secretary Sylvia Burwell to change FDA proposed “deeming” regulation’s grandfather date from 2007 to 2014 or when FDA issues a Final Rule.
Please note that FDA's proposed "deeming" regulation would ban >99.9% of e-cigarettes on the market, while several thousand of these lifesaving products would remain legal if Congress amends the FSPTCA's 2007 grandfather date to 2014 or later for newly deemed products, but e-liquid mixing by vape shops would still be banned.

AVA: FDA overreach on E-vapor products spurs House leadership to act

CASAA - A step in the right direction: House leadership calls for a change in the grandfather date for the Tobacco Control Act

Mike Siegel: US House members urge FDA to change grandfather date in proposed deeming regulation

After inviting many e-cig opponents and just a few objective individuals to speak at its so-called e-cigarette scientific workshop on December 10/11, FDA rescinds previously announced November 25 deadline for the public to sign up to speak and attend (claiming too many people signed up) instead of finding a larger facility for the event.

FDA opens docket for public comments about FDA’s scientific workshop on e-cigarettes on December 10/11, public comment deadline April 15, 2015.!documentDetail;D=FDA_FRDOC_0001-5293


Smokefree Pennsylvania submits comments to FDA urging fast approval of Swedish Match’s MRTP application for ten snus products

CASAA’s comment on Swedish Match’s MRTP application

Clive Bates: Misleading the public for their own good? Changing the warnings on snus

17 public health experts submit comment to FDA on Swedish Match’s MRTP application

Clive Bates’ comment to FDA

FDA funded junk scientists and THR opponents at UCSF urge FDA to reject Swedish Match’s MRTP application because they don’t’ want tobacco consumers to know snus is far less hazardous than cigarettes, doesn’t cause mouth cancer, and has helped many people quit smoking

After misleading and scaring readers about e-cigs, NY Times’ Matt Richtel greatly exaggerates snus’ negligible risks and downplays benefits for smokers who switch
Studying Snus, a Smokeless Tobacco from Sweden
A lesser warning? Maybe

Brad Rodu: How dangerous is snus? Don’t ask the New York Times

FDA invites comments on agency’s proposal to study consumer perceptions about smokeless tobacco and other MRTP (including e-cigs if/when FDA imposes the deeming reg/ban) after demonizing and grossly misrepresenting the scientific evidence about MRTP, smokeless tobacco and e-cigarettes since 2009 (to deceive and scare the public, to defend FDA’s unlawful 2009 e-cig ban, to lobby for FDA’s unwarranted and very costly MRTP requirements, and to lobby for FDA’s recently proposed deeming reg/ban)!documentDetail;D=FDA-2014-N-1855-0001


FDA and NIH issue funding opportunity announcement (FOA) to support research that will purportedly “inform the development of understandable and accurate public information on harmful and potentially harmful constituents (HPHCs) in tobacco products” even though cigarettes cause >99% of tobacco attributable diseases, disabilities, deaths and healthcare costs (while constituent lists just confuse people, which is why PM, CTFK, GSK, Waxman and Kennedy agreed to require them in the FSPTCA).


CDC NHIS finds adult cigarette smoking rate declined to record low 17.8% in 2013 (with 13.7% daily smokers), refutes false fear mongering claims by Obama’s DHHS and Big Pharma shills that e-cigs renormalize cigarette smoking

Note that in September 2014, CDC reported the NHIS found adult cigarette smoking rate had declined to 17.8%, and that it further declined to 17.1% in January-March of 2014

ACSH: Smoking rate down a bit, from 18.1% to 17.8%. Wow. Not acceptable.


Joe Nocera: Nicotine without death

Article on Virginia MSA bond payments says e-cigs have reduced cigarette consumption
“A decline that had averaged about 3 percent a year since 2000 amounted to nearly 5 percent in 2013, in large part because of the rapid growth of e-cigarettes according to municipal bond analysts at UBS Financial Services.”

Sally Satel: Why anti smoking groups should endorse snus and e-cigarettes

Jacques Le Houezec: The drag on e-cigarettes


Clive Bates: Comments on draft BSI standard for vaping products

UK survey finds e-cigs almost exclusively used by smokers and ex-smokers (11.8% of smokers, 4.8% of ex-smokers, .14% of never smokers); smoking rate drops to record low

Scottish survey finds smoking by 13 and 15 year olds declined to record lows in 2013, and “ever smokers” accounted for the vast majority of teen e-cig use and consumption


German court rules that e-liquid products are not medicines, and can be sold freely


Ontario government proposes to protect cigarette markets and Big Tobacco profits by banning flavored e-cigs, banning vaping; Dave Sweanor interviewed by CBCNEWS

Luisa D’Amato: E-cigarettes are helping tobacco addicts quit and shouldn’t be banned

National Post editorial: Kathleen Wynn’s war on evidence (Ontario)

Nova Scotia bill would ban vaping by falsely redefining smoking to include use of smokefree e-cigs (Canada)

E-cig Business

E-cigarette boom sparks race for new patents

E-cig Conferences

TMA to hold E-Vapor Research Collaborative Funding Conference on December 8/9

Clive Bates: Wells Fargo second annual e-cig conference – some reflections

ACSH: Some takeaways from the Wells Fargo annual e-cigarette conference


Jury verdict $13.7 million in damages against Reynolds


CA cigarette tax revenue funded 58 county health agency “First 5 California” considers urging state lawmakers to protect dwindling cigarette market and increase agency’s funding by taxing lifesaving e-cigarettes (which have reduced cigarette consumption)

ACSH’s Gil Ross: E-cigarette tax bad for New Mexico

Arizona legislators urged to protect cigarettes and threaten public health by taxing e-cigs

South Korea parliament approves 80% hike in cigarette price

E-cig Regulation

Newly introduced California bill (SB 24) would require licensure of all e-cigarette retailers, require child proof packaging for e-cigs, ban outdoor ads for e-cigs within 1,000 feet of schools and playgounds, restrict self serve and vending machine sales of e-cigs

Vaping Bans

American Vaping Associaton: New Orleans vaping ban threatens smokers’ and exsmokers’ health & small business

American Vaping Association calls Madison ban unhealthy

CASAA issues Call to Action opposing proposed vaping ban in Madison, WI

Brighton (CO) City Council bans vaping everywhere smoking is banned

Mike Siegel: Boulder City Council considering legislation to ban vaping in wide-open outdoor areas

CASAA issues Call to Action opposing proposed vaping ban in Olathe, Kansas; bill set to be voted on at December 2 meeting

San Anselmo (CA) bill introduced to ban vaping in apartments, condos and other multi unti dwellings

Big Pharma shills repeat false fear mongering claims about e-cigs in Baltimore Sun, conflate vapor with smoke, fail to ethically disclose financial conflicts of interest

E-cig sales ban to minors

AVA’s Greg Conley: Gov. Snyder should sign common sense e-cigarette bills (MI)

Government Funded Lobbying

CATO: Grass-roots tobacco bans? Not quite (exposes how MA Municipality Association has lobbied for unwarranted and counterproductive tobacco/nicotine control laws)

Minimum Age

Framingham (MA) wisely raises minimum age for cigarette sales to 21, but also raises minimum age for far less hazardous OTP

Smoking Cessation

Working Paper: Phillips-Nissan-Rodu, Understanding the evidence about the comparative success of smoking cessation methods: choice, second-order preferences, tobacco harm reduction, and other neglected considerations

UK news article cites findings of Baeyens et al study

Junk Science, Propaganda and Lies

Worldwide news media repeat false fear mongering allegations (with no fact checking) by WHO funded Japanese junk scientist Naoki Kunugita who misrepresented his research data by deceitfully claiming e-cig vapor contains more carcinogens than cigarette smoke

Konstantinos Farsalinos debunks false fear mongering headline about vapor constituents:

Resercher rejects horror news about e-cigarettes (Norway)

E-cigarettes more cancerous than cigarettes: Think again, ‘Vaping’ advocates claim

Formaldehyde – A hoax spreads round the world (Germany)

Australian e-cig prohibitionists make false claims about e-cig to lobby for more bans that protect cigarettes and threaten lives of smokers and vapers

Cancer Council Victoria’s Kylie Lindorff repeats false and misleading fear mongering claims about e-cigarettes (Australia)

For GASO, ACS and government funded Smokefree Indy repeat false fear mongering claims about e-cigarettes, hawk ineffective FDA approved NRT products and less than safe Chantix; Godshall comments

Tennessee Health Department repeats fear mongering claims, misrepresents scientific evidence to demonize e-cigs

Utah County Health Dept’s Lynneah Fletcher misinforms public about e-cigs (UT)

Weld County Health Dept’s Rachel Freeman repeats false claims about e-cigs (CA)


- Bill Godshall

Godshall THRU 2014-12-03