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Bill Godshall Update 2015-04-23

Tobacco Harm Reduction Update - April 23rd, 2015

THR Business, FDA / CDC Lie to Lobby for Deeming Reg / Ban, FDA / FSPTCA, China, E-liquid Ban, Taxation, California, Vaping Ban, Sales Bans To Minors, Scapegoating Teens, Packaging Restriction, Retail Restrictions, E-liquid Safety, Vaping And Mental Health, Vaping Research, Junk Science, Propaganda and Lies.


THR Business

Altria, Reynolds & Lorillard report 0.5% US cigarette volume increase in 1Q15, first quarterly y/y increase in cigarette consumption since Obama's DHHS, Big Pharma shills and left wing Democrats launched their cigarette protecting War on E-cigs.

Altria reports 1.6% cigarette volume increase for Philip Morris USA brands in 1Q15, 2.7% smokeless tobacco volume increase for USSTC brands.

Reynolds American reports 2.4% cigarette volume decline for RJ Reynolds brands in 1Q15, 23.3% cigarette volume increase for Natural American Spirit, 0.5% smokeless tobacco volume increase for American Snuff; reports Vuse remains the leading selling e-cigarette brand in convenience stores and gas stations.

Lorillard reports 3.1% cigarette volume increase in 1Q15, 45% decline in e-cigarette sales (from $51M to $28M)

Philip Morris International reports 1.4% cigarette volume increase in 1Q15

FDA/CDC Lies to Lobby for Deeming Reg / Ban

Sally Satel: Their product is doubt - Deceptive Government Campaign Against Electronic Cigarettes

FDA acting head Stephen Ostroff says agency moving 'full speed ahead' to impose deeming reg/ban (that would protect cigarettes by banning >99.9% of e-cigs), touts CDC's false and misleading claims about e-cigs and NYTS data; Godshall comments

FDA's Mitch Zeller misrepresents NYTS data (finding record declines and record low teen smoking rates as e-cig use increased) by claiming 'the progress we have made in reducing youth cigarette smoking rates is being threatened' by e-cigarettes

Mike Siegel: New CDC Report on E-Cigarettes Shatters Gateway Myth, Suggests Shift from Hazardous Smoking to Much Safer Vaping among Youth

AVA: NYTS again finds dramatic declines in youth smoking as vaping increases

Jacob Sullum: Smoking and vaping keep moving in opposite directions among teenagers
Where is this 'gateway effect' we keep hearing about?

ACSH: CDC's latest survey on teen 'tobacco' use conflates vaping with smoking. But it's not the same.

Joe Nocera: Peering through the haze (of CDC's claims about teens, e-cigs & cigarettes)

George Will: When bootleggers and Baptists converge (to demonize/ban/tax e-cigs)

Mike Siegel: CDC is running a dishonest campaign against e-cigarettes which is renormalizing smoking

Correction/clarification: My 4/17/15 e-mail citing CDC NYTS findings incorrectly stated that just one e-cig survey inquired if the e-cigs used contained nicotine, as a 2013 international survey found 53% of 88 nonsmokers who began vaping reported using no-nicotine vapor products, and that 3.5% of >19,000 vapers who were current or former smokers reported using no-nicotine vapor products.

The 2014 Canadian survey/poll found:
- 63% of vapers who quit smoking vape no-nicotine vapor products,
- 96% of never smokers who had ever used an e-cig vaped a no-nicotine vapor product,
- 68% of vapers who still smoke vape nicotine products (38% always, 30% sometimes),
- 29% of vapers always vape nicotine, 24% sometimes do, and 47% never vape nicotine,
- 64% of smokers, 27% of ex-smokers, and 9% of never smokers 'ever used' an e-cig,

These surveys (and the fact that many e-cigs sold in the US contain no nicotine) confirm that CDC falsely classified all e-cigs as 'tobacco products' in its NYTS report at

Mike Siegel: CDC refuses to ask critical survey question so that results don't foul up its attack on e-cigarettes

CASAA Call to Action urges vapers to submit comments to FDA docket on scientific workshops about e-cigarettes

USA Today article repeats and further hypes CDC's false claims about e-cigs, former AP reporter Michael Felberbaum (who wrote many stories misrepresenting the evidence on e-cigs and advocating FDA's proposed deeming reg) now works as FDA spokesman.

NY Times headline and article hype CDC hysteria about rising e-cig use among teens, quotes Tom Frieden on record low teen smoking rate 'This is a really bad thing.'

NY Times hoaxed by teen who made up claims about e-cigs

NY Times editorial conflates e-cig and smokeless tobacco risks with those of cigarettes (which are >100 times more harmful), repeats CDC and FDA fear mongering lies about e-cigs to lobby for deeming reg/ban, urges FDA to reject Swedish Match's MRTP application to truthfully tell consumers that snus is less hazardous than cigarettes.

NY Times finally publishes an objective LTE on cigarettes, e-cigs and public health

Washington Post front page article hypes CDC fear mongering claims about NYTS findings, includes accurate statements by Mike Siegel and SFATA

Washington Post editorial hypes CDC's false and misleading claims about e-cigs, absurdly claims e-cigs could increase teen smoking, promotes FDA Deeming Regulation (that would ban >99.9% of nicotine vapor products) and even more FDA e-cig restrictions that would protect cigarettes.

Many more irresponsible news media repeat CDC false fearmongering claims about e-cigs and teens to lobby for deeming reg/ban with very little or no fact checking

Big Pharma financed e-cig prohibitionist Matt Myers conflates vaping and small e-cig companies with cigarette smoking and Big Tobacco, repeats dozens of fear mongering lies to lobby for deeming reg/ban; former FDA Cmsnr David Kessler signs on to column.

Mike Siegel: E-cigarette opponent admits that he wants to suppress the truth about vaping success

CDC alters anti smoking ad after Ostomy Association complains, but won't remove or change ad that falsely and deceitfully insinuates e-cigs caused collapsed lung in smoker

US Sen. Dick Durbin calls lifesaving e-cigs 'potentially deadly', falsely claims 'the number of young people getting hooked' on e-cigs is 'growing exponentially' (despite no evidence any nonsmoker has ever become addicted to e-cigs), claims FDA deeming regulation (that would protect cigarettes by banning >99% of e-cigs) is 'commonsense'.

Big Pharma financed CTFK push poll demonizes e-cigs and cigars, grossly misrepresents 2009 FSPTCA and FDA Deeming Regulation (to ban >99.9% of e-cigs), then CTFK deceitfully claims most Americans voters support more FDA tobacco regulations.

Harvard School of Public Health invites only FDA deeming reg proponents (but no deeming reg opponents or e-cig experts) to participate in biased (anti e-cigs and pro FDA deeming reg) panel discussion 'Can e-cigarette regulation protect the public's health?'

Big Pharma financed American College of Physicians threatens lives of vapers and smokers by grossly misrepresenting risks and benefits of e-cigs, repeating call for FDA to impose deeming reg (that would ban >99% of e-cigs), advocating even more e-cig bans, failing to ethically disclose ACP's massive $$$ conflicts of interest

Big Pharma shills endorse ACP's call for FDA to ban e-cigs and impose even more e-cig regs, AVA's Greg Conley and Mike Siegel point out their policies protect cigarettes.

ACSH: The ACP warns against e-cigarettes. Why? No good reason, but all their peer groups do as well.

Obama's first Surgeon General Regina Benjamin to head Legacy campaign to ban vaping and smokeless tobacco use at black universities under guise of reducing smoking.


Altria, Reynolds and Lorillard sue FDA to block recently issued SE Guidance, claim agency ignored ACA law requiring public comment and review, and agency exceeded authority of FSPTCA by claiming product changes also include package label changes.

Mike Siegel: Tobacco companies sue FDA over required pre-approval of label changes in Substantial Equivalence Guidance

Carl Phillips - TPSAC meeting on Swedish Match MRTP application: is there a scientist in the house?

FDA sends warnings letters to 3 e-cig vendors (including one in the UK) for informing customers that products were made in a FDA certified or registered lab, FDA attorneys say claims violate of Section 301(tt) of the FD&C Act


Keller and Heckman Establishes Chinese Working Group on Electronic Cigarettes

E-liquid Ban

Indiana House approves e-liquid monopoly bill (HB 1432) to enrich one e-liquid company and protect cigarette companies by banning sale of e-liquid sold by thousands of smaller competitors, sent to Gov. Pence

CASAA Call to Action urges Indiana vapers to ask Gov. Mike Pence to veto bill (HB 1432) that would ban sales of virtually all e-liquid products now sold in state


European Commission recommends further investigation of e-cig taxation, deceptively claims that not taxing e-cigs 'will have a significant negative impact on the budgetary revenues of Member States', but fails to consider that taxing e-cigs will result in far greater government budgetary expenditures to treat cigarette diseases; EC says some Member States claim taxing e-cigs would provide 'health protection' even though e-cig taxes threaten public health by discouraging smokers from quitting. (See pgs 51 and 169)

Ohio House leadership guts Gov. Kasich's tax proposals, House Finance Cmte approves new budget bill (Substitute HB 64) that contains no e-cig tax nor tobacco tax increases

CASAA Call to Action opposes budget proposal by Washington DC Mayor Bowser to impose a 70% tax on vapor products

CASAA Call to Action urges opposition to Louisiana bills (HB 427 & SB 252) to tax e-liquid and increase smokeless tobacco tax


AVA's Greg Conley debates CA Sen. Mark Leno about e-cig bans on MSNBC Ed show

Carl Phillips - California ecig 'regulation' hearing: a catalog of lies (part 1)

SoCal PBS 24 minute segment on e-cigs objective and accurate except for many false fear mongering claims by e-cig prohibitionists Sen. Barbara Boxer and American Academy of Pediatrics' Kate Roberts, the latter of whom falsely claimed AAP isn't trying to prevent smokers from buying e-cigs (as AAP urged FDA to unlawfully ban e-cigs in 2009 and is lobbying FDA to impose deeming reg) and failed to ethically disclose AAP's huge financial conflict of interest with Big Pharma.

San Francisco (CA) Board of Supervisers set to impose unenforceable smokeless tobacco usage ban at baseball parks, greatly exaggerates disease risks of products

Vaping Ban

CASAA Call to Action opposes RI bill (SB 489) to ban vaping in all workplaces, and RI bill (SB 482) to require e-cig retailers to post warnings falsely claiming that vaping can cause cancer and lung disease

Sales ban to minors

Montana House approves bill (SB 66) to ban sale of 'vapor products' and 'alternative nicotine products' to minors, requires licensing of vendors, sent to Gov. Steve Bullock$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=

Scape goating teens

Ohio high student tackled and arrested by school police for using an e-cig

Packaging restriction

NC Senate Health Cmte approves substitute bill (SB 286) to require child-resistant packaging for e-liquid, removed requirement in bill for state specific warning label.

Retail restriction

CASAA Call to Action opposes several e-cig sales restrictions proposed by MA AG Maura Healey

E-liquid safety

First case of fatal childhood nicotine poisoning ruled accidental, but mandatory child-resistant packaging law(s) WOULDN'T have prevented incident because adult sister of mother's spouse irresponsibly removed the cap from a bottle of e-liquid, left opened bottle of e-liquid sitting out on a low table in the dining room, then went out shopping.

Vaping and mental health

Louise Ross: Why shouldn't people with poor mental health have the same opportunities as everyone else?

Vaping Research

2012/13 UK survey found daily users of Premium Vaporizers & e-liquid (aka tanks) were more likely to quit smoking than smokers who didn't use e-cigarettes, found daily e-cig users were 2.5 times more likely than nonusers to reduce cigarette consumption by at least 50% after one year

Welsh survey finds many youth try e-cigs, but very few regularly use; finds youth smokers 100 times more likely than nonsmokers to regularly use e-cigs

UK Public Health Experts respond to Welsh e-cig study

Junk Science, propaganda and lies

New Pankow study (funded by class action lawyers) found negligible nontoxic levels of chemicals in e-liquid products, but authors misrepresent their findings to confuse, scare and lobby for FDA deeming reg (that would ban e-liquid) and other e-liquid restrictions (see Table 2)

News media repeat false fearmongering claims by authors of flavored e-liquid junk study without any fact checking

Pankow keeps lying about e-cigs to scare public, ban e-cigs, generate funding for himself

Konstantinos Farsalinos: Media stories about e-cigarette health risks, based on a study which found flavored e-liquid contains . . . flavors

Mike Siegel: New study which purports to have found that e-cigs inhibit quitting smoking is complete junk science

NEJM publishes Nitzkin/Farsalinos/Siegel letter criticizing junk study claiming e-cigs can emit more formaldehyde than cigarettes, authors respond without addressing their bogus study or their false claims to NEJM and to news media

Norwegian Institute of Public Health falsely claims the barely detectable nicotine levels exhaled by vapers are the same as far higher (but still negligible and nonhazardous) nicotine levels in 2nd hand smoke, absurdly claims that exposure to 2nd hand smoke (and 2nd hand vaper) can cause daily nicotine dependence among nonsmokers and nonvapers.,7629:1:0:0:::0:0&Content_6897=6729:114665::1:6896:1:::0:0

News stories repeat Norwegian Inst of Public Health's lies about vaping as factual

Brad Rodu: Reality bites the dust in new smokeless tobacco study

UCSF junk science lies about disease risks of smokeless tobacco use (which are 99% lower than those from smoking cigarettes) to lobby for smokeless tobacco use bans

Pfizer funded survey (that Pfizer won't release) misrepresents e-cig use in Canada

More junk science, propaganda and lies about e-cigs


- Bill Godshall

Godshall THRU 2015-04-23