twitter: @rolygate

Bill Godshall Update 2015-03-09

Tobacco Harm Reduction Update - March 9th, 2015


FDA, THR Research, THR Education and Advocacy, E-cig Sales Bans, Taxation, Litigation, Packaging and Labeling, Vaping Bans, E-cig Sales Bans To Minors, THR Business, Canada, Junk Science, Propaganda and Lies.



FDA's March 9 & 10 workshop on e-cigarettes can be watched/listened to at:

More than 40 presentations at SRNT conference by federally (i.e. FDA/CDC/NIH/NIDA) funded researchers advocate more government regulations/restrictions on tobacco products (primarily e-cigs), documenting that federal research funds are being used to lobby for public policy changes.

FDA hosted pre-conference workshop at SRNT conference with many THR opponents (but no THR advocates) to promote FDA funded research opportunities; hosted session 'Continuum of Risk: Pros and Cons in Tobacco Regulation' with six government funded regulatory proponents who have opposed THR products and policies to reduce smoking

Mitch Zeller announces resignations of 4 TPSAC members, including Chair Jonathan Samet, due to conflicts of interest

Bill Godshall predicted Zeller would replace TPSAC Chair Samet in July 2014

ACSH: FDA tobacco advisory committee a nest of conflicted members. Some changes are at hand

Brad Rodu: Conflicts of interest exposed, FDA reorganizes tobacco advisory panel

FDA issues Final Guidance for 'Demonstrating the Substantial Equivalence of a New Tobacco Product: Responses to Frequently Asked Questions.' Agency now allows for some changes/differences (from 2007 SE predicate product) in 'label' (but not brand name),

NIDA solicits bids for Development of a Standardized Electronic Cigarette for Clinical Research (but will only accept bids for inferior cigalike e-cigs, NOT for PVs/e-liquid, which are more effective for smoking cessation and reducing cigarette consumption); NIDA absurdly claims PVs/e-liquid aren't safe

Wendy Parmet: In regulating e-cigarettes, no easy fix for the FDA (Godshall comments with facts about e-cigs and FDA's proposed 'deeming regulation'

CPAC attendees decry widespread attacks on citizen personal freedom (including e-cigs)

Orange County (CA) Register editorial exposes how FDA's proposed 'deeming reg/ban' would decimate the vapor products industry and increase costs of vapor products

To lobby for FDA's proposed 'deeming regulation', article misleads readers to believe that past month use of an e-cig, cigar, hookah or smokeless tobacco by teens is just as (or more) hazardous as smoking a half pack of cigarettes daily.

THR Research

New study of 181 vape shop customers finds 66% had totally quit smoking, and a mean consumption decline from 22.1 to 7.5 cigarettes/day by those who didn't quit smoking;
finds 86% began vaping to quit smoking, 89% use PVs and e-liquid products, 72% vape non-tobacco/menthol flavorings, 72% use e-liquid with 2% (20mg/ml) or less nicotine; those who vaped longer, used PVs and e-liquid, and used non-tobacco/menthol flavors were more likely to quit smoking.

France's 2014 INPES Health Barometer finds about 400,000 (.9%) French have quit smoking cigarettes by switching to vaping
(top of page 10)

Mike Siegel: Study finds almost no hazardous chemicals in aerosol of Blu or Sky-cig e-cigarettes

Study confirms that e-cigarettes generate virtually no toxins

THR Education and Advocacy

Public Health England publishes video commentaries by public health experts (and several vaping opponents) about e-cigarettes and vaping

Mike Siegel's WSJ op/ed exposes lies by Obama's DHHS, CA DPH, NEJM about e-cigs

Linda Bauld corrects false fear mongering claims about vaping, but The Guardian editors chose misleading headline for her op/ed to further confuse, scare and sell papers

Former WHO official Derek Yach: E-cigarettes save lives

Alameda County (CA) Supervisor Miley advocates vaping as alternative for smokers

Sean Hanna: Vapes are not going to vanish '“ there's too much money at state (NY)

SC among several states allowing e-cigarette sales in jails

Clive Bates: The Tobacco End Game

Lynn Kozlowski '“ Prospects for a nicotine-reduction strategy in the cigarette endgame: alternative tobacco harm reduction scenarios

Vapor product sales bans

Indiana Senate passes bill (SB 539) to protect cigarette industry by banning sale of e-liquid unless manufacturer pays $5,000 for permit and complies with unwarranted regulations

Indiana House passes bill (HB 1432) to protect cigarette industry by banning sale of e-liquid unless manufacturer pays $5,000 for permit and complies with unwarranted regulations

Illinios Rep Kathleen Willis files motion to table (i.e. withdrew from consideration) her bill (HB 3362) that would have banned the sale of flavored e-cigarettes and e-liquid

Utah bill (HB 415) introduced by e-cig prohibitionists Paul Ray would impose many vague but potentially devastating regulations that could ban many/most e-cig products

CASAA Call to Action urges opposition to Utah bill (HB 415) that would impose vague but potentially devastating regulations that could ban many/most/all e-cig products

OR bill (SB 190) would ban online sales of e-cigs by Oregon vendors, hearing on 3/9/15

CT bill (HB 6283) would ban nearly all vapor product sales to adults, ban vaping everywhere smoking is banned.

CASAA Call to Action opposes multiple Connecticut bills (HB 6283, HB 5449, HB 6290) to ban vaping, ban flavored vapor product, impose manufacturing and labeling standards on vapor products, and restrict marketing


US Senate bill cosponsored by four regressive Democrats (S 450) would protect cigarettes, discourage smokers from quitting, and deceive the public (to inaccurately believe all vapor products and OTP are as harmful as cigarettes) by unfairly taxing far less hazardous vapor products, smokeless tobacco and cigars at same rate as cigarettes; referred to Senate Finance Cmte

North Dakota Senate rejects (30-17) bill (SB 2322) that would have taxed vapor products and would have increased cigarette and OTP tax rates

PA Gov. Tom Wolf proposes increasing cigarette tax from $1.60 to $2.60/pack (i.e. to 35% of retail price), imposing even higher 40% tax on wholesale price of far less hazardous e-cigarettes, smokeless tobacco, large cigars and pipe tobacco) to generate an estimated $358 million in cigarette tax revenue in FY15/16, $84 million in OTP tax revenue. (C-6 of budget)

AVA: Pennsylvania legislature should reject Gov. Wolf's e-cig tax

Anti-smoking group fuming over proposed tax on e-cigs

More info on PA Gov. Wolf's vapor product, cigarette and OTP tax proposal

Ohio bill (HB 64) would tax e-liquid containing nicotine at $1.125/ml (a $33.75 tax on a 30ml bottle of e-liquid) and at $.1125/gm for other vapor products, increase the cigarette tax from $1.25 to $2.25/pack, increase OTP tax from 17% to 60% of wholesale price, and establish a minimum retail price for cigarettes (an anti-competitive price fixing scheme to ensure increased profit margins for all cigarette retailers in OH). Since HB 64 states ''Vapor product' includes any product containing nicotine, regardless of concentration', a $252 tax would be imposed on a 5lb bag of eggplants, potatoes, tomatoes and/or green peppers ($.1125 x 28gm/oz x16oz/lb x 5lbs = $252), while teas and spices containing nicotine also would be taxed at $.1125/gm.
Note the cigarette tax sections of HB 64 begin on page 2074, OTP tax provisions begin on page 2094, and vapor product tax provisions begin on page 2099.

CASAA Call to Action opposes Ohio Gov. Kasich's budget proposal (HB 64) to tax vapor products more than cigarettes (i.e. $33.75 tax on a 30ml bottle of e-liquid)

AVA: Is Gov. Kasich trying to stop smokers from quitting?

New Mexico bill (SB 65) to tax vapor products at $.04/mg of nicotine (i.e. $28.80 tax on a 30 ml bottle containing 24 mg/ml of nicotine)

CASAA issues Call to Action opposing NM bill (SB 65) to tax vapor products
Study analyzing 263 e-liquid samples on Greek market finds no detectable level of nitrosamines or polycyclic aeromatic hydrocarbons (PAHs) in any of the products

NH bill (HB 2) to implement Gov. Hassan's budget proposal would tax e-cigs at 73.94% of wholesale price

AVA: New Hampshire Gov. Hassan's e-cig tax should be axed

CASAA Call to Action urges opposition to NH Gov. Hassan's proposal to impose 73.94% tax on e-cigs

CASAA issues Call to Action urging an amendment for a Texas bill (SB 97) to eliminate the $6 surcharge for buying a vapor product on the Internet from a TX vendor (which would prompt TX vapers to buy lower cost products from out-of-state Internet vendors)

AVA urges Utah vapers and vendors to oppose the e-cig tax proposed by Gov. Herbert

New Jersey bills (A4251 & S1867) from 2014 would tax vapor products to generate $35 million in state revenue

Clive Bates '“ Fiscal deaths ahead: European Commission wants to tax e-cigarettes

European Commission puts money before health with e-cigarette tax proposals

EU is considering taxation of e-cigarettes


Nevada court rules that vapor products are not tobacco products, as Southern Nevada Health District lies about vaping


WA Senate approves Substitute SB 5477, would require child-resistant packaging for vapor products, but would require vague warnings on vapor products sold in WA (that would differ from FDA's proposed warning)

Washington Senate Health Care Cmte held hearing on bill (SB 5477) to regulate vapor product packaging; sponsor repeats false fear mongering claims about child poisoning;

Vaping Bans

Couple banned from adopting child after husband seen using e-cigarette (UK)

CT bill (HB 6283) would ban vaping everywhere smoking is banned, ban nearly all vapor product sales to adults

CT bill (HB 5449) would ban vaping everywhere smoking is banned

CASAA Call to Action opposes multiple Connecticut bills (HB 6283, HB 5449, HB 6290) to ban vaping, ban flavored vapor product, impose manufacturing and labeling standards on vapor products, and restrict marketing

New Hampshire bill (SB 109) would protect cigarette markets by banning use of smokefree electronic nicotine delivery systems everywhere smoking is banned

CASAA Call to Action opposes New Hampshire bill (SB 105) to ban vaping everywhere smoking is banned

AVA: Oregon Senate should reject senseless vaping prohibitions

Illinois bill (HB 2404) would ban vaping in workplaces

CASAA Call to Action urges opposition to Illinois bill (HB 2404) to ban vaping

Multnomah County (OR) bans vaping in workplaces

Pennsylvania bill (SB 567) would ban smoking in remaining 1% of PA worklplaces, but would ban vaping in all workplaces, referred to Public Health and Welfare Cmte

Two Irish politicians propose e-cig reg/ban bill to protect cigarette markets and threaten public heatlh under the deceitful guise of protecting children and public health, would ban vaping in all workplaces and in cars with youth present, ban advertisements and sponsorships by vapor manufacturers/importers.

E-cig sales bans to minors

Pennsylvania bill (HB 587) would ban sale of alternative nicotine products (including e-cigs) to minors, referred to House Judiciary Cmte (same as SB 1055 in 2013/14)

THR Business

Pinney Associates and subsidiary enter into product development and consulting agreements with subsidiaries of Reynolds American, Inc.

Reynolds delving deeper into nicotine gum business

Counterfeit e-cigs on the rise


Health Canada hires contractor for $282,000 (US) to conduct sting operations against e-cig retailers using teen secret shoppers (even though Health Canada has insisted since 2009 that selling e-cigs to adults is illegal), ANSR's Melody Tilson makes more false claims about e-cigs to confuse, scare and lobby for more cigarette protecting regulations

Junk science, propaganda and lies

Mike Siegel: Washington Governor asserts that smoking may be no more hazardous than vaping

Southern Nevada Health District protects cigarettes and threatens public health by issuing a false fear mongering 'health advisory' about e-cigs, urging NV legislators to ban vaping and tax/regulate vapor products the same as cigarettes. Health Officer Joe Iser falsely claims smoking will increase unless e-cig and vaping are strictly regulated.

Brad Rodu: Fargo Foregoes Facts '“ Public Health Officials Misinform on Smokeless Tobacco

Mike Siegel: Utah Department of Health refuses to acknowledge that cigarette smoking is any more hazardous than vaping

Canadian Paediatric Society's Richard Stanwick calls Health Canada's purported e-cig sales ban 'weak', grossly misrepresents evidence on e-cigs to confuse, scare and lobby for even more regulations to prevent smokers from switching to vapor products.

Jeffrey Wigand lies about e-cigs to confuse, scare and protect cigarette markets

NY Times so-called health columnist Jane Brody bemoans cigarette hazards and then repeats false claims about far less hazardous e-cigs to discourage smokers from switching
ACSH: Jane Brody's column spreads poisonous nonsense about e-cigarettes

Canadian Dr. Brett Belchetz misrepresents e-cig research findings to confuse and scare

WebMD article on vaping grossly exaggerates the negligible risks of vaping, fails to acknowledge any health benefits, repeats 'we don't know' and 'not proven safe' propaganda, then quotes Neal Benowitz acknowledging that vaping is far less hazardous than smoking, and emits no smoke or polluting 2nd hand smoke (in contrast to smoking)

The Guardian editors choose false headline 'Nicotine is a poison, no matter how it is delivered' for inaccurate column that repeats lies about vaping

- Bill Godshall

Godshall THRU 2015-03-09