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Bill Godshall Update 2015-05-20

Tobacco Harm Reduction Update - May 20th, 2015

FDA, THR Politics, EU, China, Business, THR Research and Education, Nicotine Poisoning Prevention and First Aid, Prohibition, E-liquid Sales Ban, Tobacco And Ecig Sales Ban, Taxation, Litigation, Licensing, Vaping Bans, Vaping Ban Exemption, Vapor ProductSales Ban To Minors, Minimum Age, Punishing Youth, Junk Science, Propaganda and Lies.



Big Tobacco investors bullish on Mitch Zeller and FDA's proposed Deeming Regulation (that would ban the sale of >99.9% of nicotine vapor products): After little change in 2012, cigarette industry stocks have surged since Mitch Zeller became CTP Director on March 4, 2013 and since FDA proposed banning e-cigarettes on April 25, 2014.
Altria stock increased from $33.51 to $38.40 to $51.78
Reynolds stock increased from $43.27 to $53.81 to $76.08
Lorillard stock increased from $38.34 to $54.01 to $72.00

CASAA Call to Action urges vapers to contact US Representatives urging them to become cosponsors of HR 2058, which would move grandfather date for e-cigs and other newly deemed tobacco products by FDA from 2007 to 2015 to keep them legal to sell

Mike Siegel: Representative Cole introduces legislation to force FDA to grandfather all electronic cigarettes on the market as of effective date of its Deeming Regulation

Sally Satel - What's Driving the War on E-Cigarettes?

Mike Siegel: Introduction of innovative electronic cigarette products reveals folly of proposed FDA Deeming Regulation approach

Motley Fool article vilifies e-liquid, misrepresents FDA's proposed Deeming Regulation (to ban >99.9% of nicotine vapor products) as 'good quality science'; Godshall responds.

FDA protects cigarettes and threatens public health yet again by rejecting 2011 Citizen Petition from Reynolds to change 1986 warning on smokeless tobacco products from 'WARNING: This product is not a safe alternative to cigarettes.' to 'WARNING: No tobacco product is safe, but this product presents substantially lower risks to health than cigarettes.' FDA's rejection letter to Reynolds falsely claims 'The current warning is factual and not misleading', grossly exaggerates negligible risks of smokeless tobacco use.!documentDetail;D=FDA-2011-P-0573-0059 (FDA rejection letter)!documentDetail;D=FDA-2011-P-0573-0001 (Reynolds' Citizen Petition)

Brad Rodu: Smoke-free tobacco can save lives

NOTE May 20 deadline for requesting to speak during public comment period at FDA's third so-called Public Workshop on Electronic Cigarettes and Public Health to be held June 1 & 2.

FDA touts largely irrelevant research it funds to demonize tobacco and e-cig companies, products and users to lobby for more counterproductive FDA tobacco regulations

Brad Rodu - Memo to FDA: Release Survey Data (Re. $449 Million PATH Study)

WPXI TV News (Pittsburgh) interviews Smokefree Pennsylvania's Bill Godshall and Smoke Alternative Electronic Cigarette's Tracy Rapport about vaping, but hypes CDC's false claims and interviews DHHS funded Brian Primack without disclosing conflict.

US Sen. Richard Blumenthal threatens to introduce bill (that has no chance of passage) if FDA doesn't issue Final Rule on Deeming Regulation (that protects cigarettes and threatens the lives of all vapers and smokers by banning >99.9% of nicotine e-cigarettes) by end of summer; CDC's Brian King, Big Pharma and DHHS funding recipients misrepresent scientific evidence on e-cigs to confuse, scare and lobby for ban.

FDA CTP announces it issued 25 SE orders, one exemption from SE order, and companies withdrew 3 SE reports in April.

FDA issues draft guidance on agency's authority to issue a No-Tobacco-Sale-Order

FDA updates previously released draft guidance on NTSOs

THR Politics

Aaron Renn: Urban 'progressives' have become libertarians of convenience (cites intolerance of lifesaving e-cigs but tolerance of marijuana smoking among many hypocritical attitudes and policies)


EU RIVM proposes to reclassify nicotine labeling


Sally Satel & Sarahann Yeh: Smokeless China

Beijing to issue strictest-ever indoor smoking ban


Vancouver company markets no-nicotine caffeine e-cigs

Mistic E-cigs Returns to the Indy 500

Altria, Reynolds and Lorillard announce $.07/pack cigarette price increases

THR Research and Education

Clinical trial finds Camle Snus as effective as 4mg nicotine gum for smoking cessation

Insight: Is nicotine all bad?

Lynn Kozlowski: So your teenager is vaping e-cigarettes - Should you worry?

Legacy's David Abrams and Ray Niaura wisely advocate objective science and accurate health communications on vaping, criticize junk science and false claims, tout e-cigs as potential 'endgame' for cigarettes: But fail to disclose Legacy has urged FDA to impose an 'endgame' for vaping by unlawfully banning nicotine e-cigs in 2009, and by imposing the Deeming Regulation (to ban >99.9% of nicotine e-cig products) ever since.

Heartland: Electronic cigarettes can save Medicaid billions

SAMHSA report details historic decline in adolescent cigarette smoking in states

New study finds trace metals in e-cig vapor pose negligible if any risk

Konstantinos Farsalinos: Metals emitted from e-cigarettes are NOT a reason for health concern

Study finds e-cig vapor containing ten times more Total Particle Matter than cigarette smoke was less toxic on lungs of animals and on human alveolar epithelial cell cultures than cigarette smoke. But American Thoracic Society didn't publicize this study, and instead hyped junk science studies cited below in Junk Science, Propaganda and Lies)

Virginia vapor company's survey finds 94% of its consumers were cigarette smokers, 85% quit smoking, and 69% quit smoking within a month after beginning to vape.

Nicotine Poisoning Prevention and First Aid

Humans promptly induce vomiting after ingesting even small amounts of nicotine e-liquid (which is the best way to prevent/treat nicotine poisoning via ingestion).
But NIH article on Nicotine Poisoning (that didn't consider e-liquid, but rather presumed ingestion of slower emitting lower doses of nicotine from gums, lozenges, patches and/or tobacco products) warns people to not induce vomiting after ingesting nicotine unless told to do so by Poison Control or a health care professional, a delay that could result in serious injury or death (if someone doesn't vomit after swallowing nicotine e-liquid).
'Nicotine poisoning: Seek immediate medical help. DO NOT make a person throw up unless told to do so by Poison Control or a health care professional.'


Indonesia Trade Minister says country will ban sales of lifesaving e-cigs (but not lethal cigarettes) under deceitful guise of protecting public health, cites lies by WHO

Cancer Council and other Australian e-cig prohibitionists criticize NSW for not prosecuting those who illegally sell lifesaving e-cigs to smokers

ISIS brutally punishes its own fighters who were caught smoking a cigarette

Toronto Globe & Mail's Andre Picard proposes cigarette prohibition and other counterproductive nanny state supply side strategies to reduce smoking; fails to mention far less hazardous vapor products, smokeless tobacco or other consumer choice free market THR strategies that have already significantly reduced cigarette consumption.

E-liquid sales ban

Indiana Gov. Mike Pence protects cigarettes by signing bill (SB 463) banning the sale of ALL e-liquid June 30, 2016 unless/until manufacturer is certified by Indiana Alcohol and Tobacco Commission; requires expensive security system and imposes other unwarranted requirements that no e-liquid manufacturer utilizes or qualifies for certification.

Vapor product companies file lawsuit against Indiana challenging e-liquid sales ban

Sonoma (CA) bill requested by Big Pharma financed ALA would protect cigarettes by redefining smokefree e-cigs as 'smoking devices', banning sales of flavored e-liquid, banning new vapor product retailers (but no existing cigarette retailers), and ban vaping

CASAA Call to Action urges Sonoma (CA) vapers to oppose anti-vaping and bill to ban sales of flavored e-liquid, ban new vapor product retailers (which protects existing cigarette retailers),

Canadian e-cig retailer opposes proposals to ban sale of flavored e-cigs

Tobacco and e-cig sales ban

Berkeley (CA) City Council sends bill to ban tobacco and e-cig sales within 1,000 feet of schools and parks back to city manager for modification after business owners testify


Italy's Constitutional Court strikes down 58.5% e-cig tax as unconstitutional

Vermont House/Senate Conference Committee removes proposed 45% e-cig tax and vaping ban from SB 139; new text of SB 139 on pages 188-230 at

Montgomery County (MD) protects cigarettes by imposing 30% excise tax on e-cigs

CASAA Call to Action urges Maine vapers to oppose bill (HP 670) to impose a $.10 vaper tax for each 18 mg of nicotine in e-liquid, which the bill absurdly claims 'equals one cigarette' (but is really $3 for a 30ml bottle of 18 mg/ml e-liquid)

DC Budget would extend 70 percent tobacco tax to vapor products, e-cigarettes

Kansas Senate Taxation Cmte Chair Les Donovan wants to tax e-cigs

CASAA Call to Action urges Kansas vapers to oppose potential e-cig tax

CA voter's initiative petition would increase tax on cigarettes to discourage consumption, but impose huge e-cig tax to discourage smokers from switching to lifesaving vaping

Catherine Nissan: Gateway effects and snus taxes in Alberta


Illinois Supreme Court hears arguments for second time in appeal of $10 billion class action verdict against Philip Morris USA

Mike Siegel: Frivolous class action lawsuit against Lorillard and Blu e-cigarettes spurred on by CDC, FDA, and California DPH lies

Mike Siegel: Relying on lies from California DPH, lawsuit against blu contends that five minutes of vaping poses significant risk of experiencing a heart attack


Connecticut Legislative Commissioner's Office reports out budget bill (Substitute SB 946) that would ban sales of e-cigarette liquid to minors (as current law banning e-cig sales to minors doesn't include e-liquid), require 'electronic nicotine delivery system' vendors to obtain 'dealer's certificate' costing $75 with $400 annual fee, require manufacturers to obtain 'manufacturer's certificate' costing $75.

Vaping bans

Oregon Senate amends/approves, then House approves bill (HB 2546) to ban vaping of any 'inhalant' (including no-nicotine e-cigs) in virtually all workplaces (by falsely claiming vaping causes cancer, heart disease, asthma and bronchitis), ban sales of e-cigs systems' (including no-nicotine vapor products) to minors, and require child-resistant packaging for e-liquid

Connecticut House amends/approves bill (HB 6283) to ban vaping in workplaces, sent to Senate

California vaping ban legislation is facing stiff resistance; e-cig prohibitionists Stan Glantz and ACS lobby to protect cigarettes under false guise of protecting public health

Big Pharma and DHHS financed e-cig prohibitionists in NY repeat false claims about e-cigs to lobby for vaping ban that protects cigarettes and threatens public health

Smokers-rights group CLASH loses lawsuit challenging NYC vaping ban

St. Louis County (MN) Board bans vaping in workplaces

Mercer County (WV) Board of Health considers regulation to vaping ban

CASAA Call to Action urges Mercer County (WV) vapers to oppose vaping ban proposal (deadline for comments today, May 20)

CASAA Podcast Update May 18, 2015 (includes many local vaping ban proposals)

Vaping ban exemption

New Jersey Assemblyman Joseph Lagana introduced bill (A4428) to exempt vapor lounges from 2009 vaping ban (so vape shops can teach and assist customers to use products), referred to Commerce Cmte

Vapor product sales ban to minors

Texas House and Senate approve bill (SB 97) to ban 'e-cigarette' sales to minors, restrict internet sales and deliveries to adults, require child-resistant packaging for e-liquid: sent to governor

Oregon Senate amends/approves, then House approves bill (HB 2546) to ban sales of 'inhalant delivery systems' to minors, ban vaping in workplaces, and require child-resistant packaging for e-liquid

Maryland Governor signs bill (HB 489) to ban the sale of bottles and cartridges of e-liquid to minors (as they were excluded from MD's law banning e-cig sales to minors)

Michigan Senate Regulatory Reform Cmte approves bill (SB 231) to ban sales of vapor products and alternative nicotine products to minors

Minimum Age

Santa Clara County (CA) Board of Supervisors to consider bill to raise minimum age for tobacco and e-cigs sales from 18 to 21

Punishing Youth

Illinois House Judiciary Cmte amends/approves bill (SB 32) to punish youth for possessing an 'alternative nicotine product', imposes fines, community service and/or a 'smoker's education' or 'youth diversion program'

Junk Science, Propaganda and Lies

Brian Carter: The failures of peer review do not begin with the journal - more on the Popova-Ling fiasco

Carl Phillips: Peer review - are they really even trying anymore?

Editor In Chief Of World's Best Known Medical Journal: Half Of All The Literature Is False (not mentioned, but this applies to junk science, propaganda and lies about e-cigs, and much of what that same editor published)

ACSH: Science publication is hopelessly compromised, say journal editors

American Thoracic Society publicizes, misrepresents more junk science about e-cigs to confuse, demonize and lobby for e-cigs bans, excessive regulations and taxes

Harvard Medical School deceitfully insinuates that vaping is just as or more harmful than cigarette smoking, e-cigs are addicting nonsmoking youth, vaping leads to cigarette smoking, and e-cigs aren't any better than for smoking cessation than gums or patches.

Mike Siegel: Harvard Medical School, like the tobacco companies of old, unwilling to admit that smoking is more harmful than non-tobacco products

FAMRI funded Central Michigan Univ. researcher misrepresents inapplicable cell study's findings, absurdly claims vaping can cause emphysema in humans

More anti e-cig propaganda from Australian e-cig prohibitionist Simon Chapman

Daily Mail headline absurdly claims occasional marijuana smoking is more harmful to lungs than daily cigarette smoking, but article fails to acknowledge that vaping THC or marijuana is less hazardous than smoking it.

- Bill Godshall

Godshall THRU 2015-05-20