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Bill Godshall Update 2015-05-01

Tobacco Harm Reduction Update - May 1st, 2015


FDA Deeming Reg / Ban, Other Vapor Product Sales Bans, FDA, ObamaCare, THR Business, State / Local Ecig Legislation, Taxation, Litigation, Vaping Bans, California, Advertising Ban, Packaging Restrictions, Retail Restrictions, Age Restrictions, Vaping Education and Advocacy, THR Research News, Junk Science, Propaganda and Lies.


FDA Deeming Reg/Ban

One year ago FDA's Mitch Zeller responded to our Jan. 2013 Petition to the White House to "Prevent the FDA from regulating or banning the sale and use of electronic cigarettes, accessories and associated liquids" by falsely claiming, "While we are seeking to regulate products like electronic cigarettes, the proposed regulation would not ban them."

FDA's Mitch Zeller tells NATO "Armed with more science, yes, future regulations should take into consideration a product's place on the continuum of risk," but fails to acknowledge the Deeming Reg/Ban protects cigarette markets and threatens public health (by banning sale of >99.9% of e-cigs to adults) or the FSPTCA he lobbied to enact (as a GSK lobbyist) also protected cigarette markets from far lower risk smokeless tobacco.

SFATA to hold conference May 4 & 5 in Chicago
Godshall to present "Halting the FDA Deeming Reg/Ban"

FDA to hold 3rd so-called public workshop on e-cigs and public health June 1st & 2nd

FDA rejects Bill Godshall's request to present scientific and empirical evidence on vaping (at FDA's so-called public workshop on June 1 & 2) on the following topics:
- pertinent findings and analysis of different surveys on prevalence and patterns of e-cigarette use among adult and teen smokers, former smokers and never (or non) smokers. - pertinent findings and analysis of different surveys of vapers (aka e-cigarette users) on vapor product usage patterns for different types of vapor products (e.g. "cigalike" e-cigarettes, premium vaporizers, e-liquids, flavorings and nicotine-free products), as well as cigarette usage patterns among vapers.
- available e-cigarette industry sales data and sales estimates for different types of vapor products, and for different marketing channels (e.g. convenience stores, vape shops, tobacco specialty stores, Internet).

Bootleggers, Baptists, and E-cigs (describes how FDA Deeming Reg/Ban protects Big Tobacco and Big Pharma by banning virtually all e-cigs, but inaccurately classifies the health/medical groups funded by Bootlegger Big Pharma to ban e-cig as Baptists)

Sally Satel: Why the CDC has it wrong about the rise in teen vaping

2014 NYTS finding that 9.5% of high school students smoked a cigarette in "past 30 days" shatters DHHS's Healthy People 2020 target of 16%, which is the only Healthy People goal ever achieved for tobacco use. Thanks to Joe Gitchell for exposing.

To lobby for FDA Deeming Reg/Ban, CDC's Brian King falsely claims:
- e-cigarettes are as harmful cigarettes,
- all e-cigs and hookah products contain nicotine,
- nicotine causes brain damage,
- e-cigs are increasing smoking and tobacco use among youth, and
- increasing e-cig use "more than counterbalances the decrease in cigarette smoking"

Mike Siegel - Worst lie of them all: CDC tells public that smoking is no worse than vaping

Jacob Sullum: Why is the CDC lying about e-cigarettes

Mike Siegel: CDC's lies to the public called out in Forbes Magazine and Reason Online

Jacob Sullum: Snus and e-cigarettes are indisputably safer than smoking, contrary to what the New York Times wants you to think

ACSH: NY Times editorial and op-ed sows confusion between e-cigs and real ones

Carl Phillips: New York Times makes clear that they object to Joe Nocera's honesty

David Nutt: Unholy smoke? Why does USA fear vaping?

The Vexing Conflation of Vaping with Sex (exposes the ethical hypocrisy of abstinence-only opponents of vaping who wisely support birth control for sexually active teens)

31 former public health groups funded by Big Pharma and/or DHHS urge Obama to "quickly" approve FDA's proposed cigarette industry protecting e-cig sales ban, falsely claim "Further delay will only serve the interests of the tobacco companies," falsely accuse tobacco companies of marketing to youth (in violation of the 1998 MSA), deceitfully conflate negligible e-cig risks with addictive and lethal cigarettes, falsely claim "There are no restrictions in place to protect public health against the risks these products pose, particularly to the health of our children," fail to express ANY concern for the health, civil or human rights of 45 million smokers and vapers FDA has threatened.

Big Pharma financed AAP misrepresents teen survey findings to news media, lies about e-cigs to lobby for FDA deeming ban, fails to disclose it's financial conflicts of interest

Big Pharma financed ALA lobbies for FDA deeming reg/ban by repeating CDC's lies about e-cigs and NYTS e-cig data, conflating e-cigs with tobacco with highly addictive and lethal cigarettes, denigrating record decline in and record low cigarette smoking rates among teens, and failing to ethically disclose ALA's huge financial conflicts of interest.

US Sen. Dick Durbin (D-IL) falsely accuses tobacco companies of target marketing e-cigs to youth, repeats CDC's lies about e-cigs and NYTS, falsely claims e-cigs addict youth, urges FDA to impose deeming reg/ban (that would ban e-cig sales to adults)

US Senator Chuck Schumer (D-NY) repeats lies about e-cigs, falsely accuses companies of marketing to youth to lobby for FDA's proposed e-cig sales ban to adults

US Senator Richard Blumenthal (D-CT) and Legacy's Robin Koval misrepresent CDC NTYS findings (finding record declines in and record low teen cigarette smoking), conflate e-cigs and OTP with lethal cigarettes to lobby for FDA's deeming reg/ban (that would protect cigarettes by banning sales of >99.9% of e-cigs to smokers and vapers)

FDA sends research letter to Tobacco Control citing 40 so-called adverse events with e-cigs by non users in past three years, but journal hides letter behind a paywall.

Study by FDA's Cindy Chang confirms that cigars pose far lower morbidity and mortality risks than cigarettes, but study's conclusion and press release misrepresent study's finding to deceitfully imply cigars are just as hazardous as cigarettes.

E-cigarettes gain popularity with young smokers (NJ)

Other Vapor Product Sales Bans

Article claims Portugal has banned nicotine vapor products, bans smoking in workplaces

Aljazeera headline falsely claims e-cig retailers welcome Indiana legislation that would ban sales of virtually all e-liquid products

Hong Kong Council on Smoking and Health protects cigarettes, threatens public health, by lying about e-cigs, lobbying for ban in no-nicotine e-cig sales (but not cigarette sales).


Brad Rodu - The scientific case for regulating menthol: next to nothing

22nd Century Group says it plans to submit MRTP application to FDA for low nicotine cigarettes


PA Insurance and Health Dept heads falsely tout ObamaCare mandated and subsidized, but less-than-effective NRT and counseling, and less-than-safe Chantix as most effective ways to quit smoking

THR Business

JTI buys Logic e-cig company, whose former owner lobbied for FDA deeming reg/ban

British American Tobacco reports 3.6% cigarette volume decline in 1Q15$FILE/medMD9VZNMH.pdf?openelement

JTI announces 14.3% domestic cigarette volume decline in 1Q15, 0.5% international cigarette volume increase

GSK announces relaunch of Nicorette lozenges after recalling products more than a year ago (without informing the public, and without the FDA informing the public)

Mitch Morrison: Is vaping taking shape?

RBC Survey: Traffic Improves, Vapor Wanes

Study finds sales of e-cigs at US convenience stores up 7% in March

State/local e-cig legislation

CASAA April 27 podcast updates recent state/local anti vaping legislation


CASAA Call to Action urges Vermont vapers to request VT Representatives to reject cigarette protecting Amendment to SB 139 that would impose a 46% tax on vapor products and ban vaping in all workplaces (including vape shops)

CASAA Call to Action urges Washington, DC vapers to request City Council to reject proposed 70% tax on vapor products, to testify at May 8 hearing

Draconian WA anti vaping bills (HB 2211, HB 1645, SB 5573) among bills to be considered in Special Session on Budget (bills would tax e-cigs, ban flavored e-cigs, ban Internet sales of e-cigs, mandate licensing of e-cig vendors, ban transporting e-cigs without a license, ban free sampling of e-cigs)

Alex Carlson reveals that Reynolds has been lobbying Minnesota legislators to enact $.30/ml tax on e-liquid, which would significantly increase the tax on e-liquid sold to consumers, while reducing the tax on cigalike e-cigs.

CASAA Call to Action urges Minnesota vapers to oppose proposed $.30/ml tax on e-liquid, which would significantly increase tax on e-liquid and reduce tax on cigalikes

US Senate Democrats Durbin, Blumenthal, Reed and Boxer introduce bill to increase cigarette tax by $.94/pack and to tax e-cigarettes, smokeless tobacco, cigars and OTP at same rate, falsely claim tax differences are "loopholes" exploited by Big Tobacco

Critics: House e-cigarette tax would crush MN business

CASAA Call to Action urges Montgomery County (MD) vapers to oppose proposed 30% tax on vapor products

Montgomery County (MD) bill would impose 30% tax on all vapor products (including no-nicotine vapor products), hearing scheduled for May 5

Louisiana House Ways and Means Cmte approves bill (HB 119) to increase cigarette tax from $.36 to $.68/pack

Ketchikan area lawmakers push for island-wide tobacco and e-cigarette tax (AK)


Class action lawyer and one class member file frivolous class action lawsuit against Lorillard in Orange County (CA), claim blu e-cigs are harmful (but didn't allege any damages or harm to class member)

Vaping Bans

Hawaii becomes 4th state to protect cigarettes by banning vaping in workplaces after health officials and others deceitfully conflated e-cig risks with those of lethal cigarettes

Illinios Rep. Kathleen Willis says she won't request IL House vote on her bill (HB 2404) that would ban vaping in schools and government facilities, and which originally would have banned vaping in all workplaces; claims to be waiting for FDA (which has no legal authority to ban vaping except at FDA facilities).

CASAA Call to Action urges Delaware vapers to oppose bill (HB 5) to ban vaping in all workplaces

Vape shop owners, customers fight Delaware bill to ban vaping in all workplaces

NY Assembly Health Cmte reports bill (A 5955) to ban vaping, referrred to Codes Cmte;
NY Conservative Party opposes bill because there's no evidence vaping harms non users; sponsor Linda Rosenthal absurdly claims e-cigs are "hooking a new generation on a lifetime of smoking," falsely accuses tobacco companies of lying about e-cigs

Mike Siegel - CDC campaign of deception is working: lawmakers are repeating the lies to sell legislation

Portland (ME) City Council bans vaping where smoking is banned after public health frauds lie about e-cigs

Tempe (AZ) City Council bill would ban vaping in cars if children are present despite no evidence vapor poses any risks to nonvapers.

Esquire's Jill Krasny repeats many fear mongering lies about e-cigs to defend vaping bans, but includes truthful statements by CASAA's Alex Clark and AVA's Greg Conley


Carl Phillips - California e-cig "regulation" hearing: a catalog of lies (part 2)

CA Assembly Governmental Organization Cmte approves watered down bill (AB 768) to ban the use of smokeless tobacco (but not smoking or vaping) at five Major League Baseball stadiums in state.

The Orange County Register editorial: State should butt out of the war against tobacco

Advertising Ban

UK Advertising Standards Authority bans e-cig ad after five people complain, absurdly claims e-cig ad promotes use of tobacco products (even though e-cigs have significantly reduced cigarette consumption), Godshall responds

Packaging Restrictions

NC Senate passes bill (SB 286) to require child-resistant packaging for e-liquid, WS Jrnl article inaccurately claims bill requires warning labels (which was removed from bill).

MO Senate approves bill (HB 531) to require child-resistant packaging for e-liquid, sent to Gov. Nixon

Retail restrictions

CASAA and Carl Phillips testimony re Massachusetts e-cig regulation

MA AG Maura Healey claims "an e-cigarette is a cigarette", anti-tobacco extremists repeat false claims about e-cigs to lobby for proposals by Healey that would restrict e-cig marketing to adult smokers under the guise of protecting children.

Age Restrictions

Hawaii Senate approves bill (SB 1030) to increase minimum age for tobacco (and e-cig) sales to 21, sent to governor

Hawaii Vapers United urges vapers to contact Gov. Ige to veto SB 1030 (to increase minimum age for e-cig sales from 18 to 21)

East Rutherford (NJ) Borough Council and Mayor approve preliminary vote to increase minimum age for tobacco and e-cig sales from 19 to 21 years editorial "Blowing Smoke" opposes increasing minimum age for tobacco and e-cig sales from 19 to 21

Vaping Education and Advocacy

Amanda Plunkett Vapers

Dr. Holly Middlekauff calls anti e-cig crusade "emotion-based, rather than evidence-based," reveals that e-cigs are similar to FDA approved nicotine inhalers, are exponentially less hazardous than cigarettes, and are primarily used by smokers

Rodu: Tobacco Control is getting it wrong (on e-cigarettes)

Carl Phillips: Simple talking points on RCTs not being a very useful way to study tobacco harm reduction

Interview with David Sweanor about the health impact of vaping vs smoking

THR Research News

US CDC conducts and publishes survey on e-cig use in four foreign countries, but still refuses to survey Americans to find out if they have vaped nicotine, if they vape daily or frequently daily, or if they quit smoking cigarettes by switching to vaping.

Brad Rodu - Breaking News: Snus benefits heart attack survival

Tobacco giants fund e-cigarettes LEAST likely to make you quit (UK)

You may be using the wrong e-cigarette type to quit smoking

"Vaping leads to smoking" claim is stubbed out (Ireland)

Junk Science, Propaganda and Lies

E-cig prohibitionists funded by Big Pharma, Obama's DHHS and CA DPH send letter expressing "strong support" for CA DPH's campaign of lies about e-cigs

Former President and Board member of Big Pharma financed American Thoracic Society Dean Schraufnagel repeats dozens of fear mongering lies about e-cigs, falsely claims no conflicts of interest

GlaxoSmithKline marketing vice president is on American Thoracic Society's Board of Trustees, further documenting ATS's financial conflict of interest that they fail to ethically disclose when lobbying to ban vapor products (which compete against GSK's nicotine gum/lozenges/patches and other drugs marketed by Big Pharma)

Mike Siegel: Journal commentary on electronic cigarettes is a scientifically unsupportable hatchet job and fails to disclose author's conflict of interest

Germany's Dr. Robert Loddenkemper lies about the scientific evidence on e-cigarettes, repeats false fear mongering claims to confuse, scare and ban the smokefree alternatives

Two pulmonologists (who rely upon sick smokers for their incomes) falsely claim e-cigs are gateways to cigarette smoking, harm lungs, and don't help smokers quit or reduce smoking; fail to ethically disclose their irreconcilable financial conflicts of interests

March of Dimes' Edward McCabe is upset that 40% of pregnant women surveyed correctly believe that vaping is less harmful than smoking cigarettes, falsely claims that all vapor products contain nicotine, wants FDA to ban e-cigs (which would cause many pregnant women to smoke cigarettes instead of vaping).

Dr. Robert Jasmer calls THR advocates "realists" and e-cig opponents "idealists", but falsely claims two studies found that e-cigs are gateways to cigarette smoking

Australian newspaper headline repeats false claims about Irish Cancer Society's e-cig study without any fact checking, Cancer Council Australia's Paul Grogan repeats fear mongering claims to lobby for cigarette protecting ban on all vapor products


- Bill Godshall

Godshall THRU 2015-05-01