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Bill Godshall Update 2015-09-25

Tobacco Harm Reduction Update - September 25th, 2015

FDA Contravenes Leon Ruling, More FDA, DHHS, US SG, THR Advocacy, US Tobacco Legislation, MSA, THR Business, Taxation, Cigarette Litigation, Frivolous CA Prop 65 Litigation, Flavoring Sales Regulation, More Advertising Regulation, E-cig Sales Bans To Minors, Smoking Ban, Vaping Bans, EU TPD, Public Health England, WHO, Vaping Research, E-cig Safety, Smoking Research, Reduced Exposure Cigarette?, Chantix / Champix Hazards, JAMA’s E-cig Gateway Fraud, NEJM’s Fraudulent E-cig Formaldehyde Study, More Junk Science, Propaganda and Lies.

FDA Contravenes Leon Ruling

FDA contravenes Judge Leon’s 2010 ruling on e-cig marketing claims:
FDA tries to decimate 1st Amendment Rights of e-cig companies with another ban on truthful claims about e-cigs (beyond the deeming reg MRTP ban on health claims), challenges Judge Leon’s 2010 ruling that an e-cig is a “tobacco product” unless the manufacturer makes a “therapeutic claim”. Agency proposes reclassifying and regulating any “tobacco product” as a “drug, device or combination product” if the agency believes it is “intended for use in the . . . prevention of disease” or “intended to affect the structure or any function of the body in any way that is different from effects of nicotine that were commonly and legally claimed in the marketing of cigarettes and smokeless tobacco products prior to March 21, 2000.” Public comment period ends on November 24, 2015.

Note that FDA’s proposal above follows warning letters FDA sent on 9/8/2010 to five e-cig companies and a trade group alleging that dozens of truthful marketing claims made by those companies (urging smokers to use their e-cig product) and even posted research studies and news stories violated the FDCA in conflict with Judge Leon’s ruling (since smoking isn’t a disease, and since just one of the dozens of FDA alleged violations could be considered a “therapeutic claim” to treat the disorder of “tobacco dependence”) (Johnson Creek) (Gamucci) (E-CigaretteDirect) (Ruyan America) (E-Cig Technology Inc) (Electronic Cigarette Association)

Judge Leon’s 1/14/2010 ruling striking down FDA’s 2009 e-cig ban, and stating FDA can regulate an e-cig as a drug or device only if the manufacturer makes a “therapeutic claim”

More FDA

Mike Siegel: Nominee for FDA Commissioner has massive conflicts of interest and is not an appropriate choice

Medpagetoday lobbies for Califf nomination as FDA Commissioner

FDA issues the “Use of Investigational Tobacco Products Draft Guidance”; sixty day public comment period

Obama’s FDA/NIH tout massively funded Tobacco Regulatory Science Program (TRSP), which funds activist researchers to demonize and misrepresent risks and benefits of nicotine, vapor products, OTP, flavorings, advertising, etc., and to promote FDA’s abstinence-only anti-harm-reduction prohibitionist tobacco regulatory agenda

List of FDA/NIH Tobacco Regulatory Science Program grants reveals dozens of activist researchers who have made false and misleading fear mongering claims about vaping

FDA touts its funded activist researcher Stephen Higgins, who inhumanely advocates making cigarettes even more harmful by mandating nicotine reductions, which prompts smokers to smoke even more cigarettes and to inhale deeper and longer

FDA touts its funded activist researcher Suchitra Krishnan-Sarin, who falsely insinuates flavorings make e-cigs addict children (despite no evidence e-cigs have ever created daily dependence in any nonsmoker), falsely claims FDA banned all flavorings except menthol in “regular” tobacco products (as the TCA only banned flavorings in cigarettes, and only banned about 1% of flavored cigarettes since menthol was exempted).

FDA promotes abstinence-only policies, misrepresents risks and benefits of different tobacco products to US Military

Big Pharma financed CTFK criticizes FDA for not imposing deeming regulation (that would ban >99.9% of all nicotine vapor products now on the market), deceitfully claims FDA’s proposal would protect kids


After aggressive lobbying by Big Pharma, US Preventive Services Task Force falsely claims “current evidence is insufficient to recommend electronic nicotine delivery systems (ENDS) for tobacco cessation in adults, including pregnant women,” urges doctors to advise all adults to “stop using tobacco, and provide behavioral interventions and FDA approved pharmacotherapy for cessation to adults who use tobacco.”

Lazy stupid news media tout biased task force’s propaganda on smoking cessation

AVA – US Government task force to smokers: Quit or Die

Guy Bentley: Government task force issues useless advice on e-cigarettes


US SG Vivek Murthy pushes abstinence-only policies and propaganda, falsely claims tobacco use is a disease, applauds intolerant vaping and tobacco usage bans

THR advocacy

Former US Surgeon General Richard Carmona: E-cigarette hysteria is hazardous to your health

Lynn Kozlowski: Vaping as a ‘gateway’ to smoking is still more hype than hazard

John Boley: Smoke and mirrors in the debate over e-cigarettes

US Tobacco Legislation

Pending Federal Legislation on Tobacco Issues


Fitch amends MSA payment spreadsheet for 2015, reports a .36% increase in payments from 2014

Legacy changes name (but still pushes abstinence-only, and still refuses to tell the truth about the dramatically different risks of different tobacco/nicotine products;

THR Business

BAT buys Polish vapor product company CHIC Group, announces “technology sharing” deal with RAI for vapor products

E-cig volume increases 10% in food/drug/convenience stores, but $ sales decline 7.6%

OC Register – The vape debate: Is it good or bad for Orange County to be the ‘Silicon Valley’ of vaping? (author highlights OC’s several hundred vape shops, but repeats many false fear mongering claims about vaping)

Fed Ex to stop tobacco deliveries


This small vape shop could be the first victim of DC’s new tobacco tax

Mike Siegel: DC’s electronic cigarette tax is an insane policy that will help renormalize smoking

Howard University’s Carla Williams heaps praise on DC Council for declaring a no smoking week despite Council’s new 67% e-cig tax to discourage smokers from quitting

Chicago Mayor Rahm Emanuel proposes $1.25 tax on e-liquid bottles and $.25/ml tax on the e-liquid (i.e. $8.75 tax for a 30ml bottle of e-liquid)

AVA: Chicago Vape Tax is About Cigarette Tax Dollars, Not Health

55% electronic cigarette tax vexes vapers (Matanuska, Alaska)

Alabama Gov signs budget, which increases cigarette tax by $.25/pack

‘Vaping the Coast’ draws e-cigarette industry attention as legislative battle looms in Montgomery (AL)

Cigarette Litigation

In the US, one state is ground zero for cigarette suits

Frivolous CA Prop 65 Litigation

Proposed Prop 65 class action law suits filed against e-cig companies

Left wing US PIRG touts and repeats CEH fear mongering about e-cigs

Flavoring Sales Regulation

Berkeley (CA) City Council bans sales of flavored tobacco and e-cig products within 600 feet of any school

More Advertising Regulation

Irish Advertising Standards Authority protects cigarettes by banning e-cig companies from truthfully claiming e-cigs are less harmful than cigarettes, Irish Cancer Society applauds cigarette protecting regulation

Australian e-cig prohibitionists lobby to further protect cigarettes by also banning e-cig advertisements

E-cig Sales Ban To Minors

MA’s e-cig sales ban to minors, other regulations, take effect this week

Smoking Ban

Intolerant Zimbabwe Ministry of Health imposes $500 fine or six months in prison for smoking in public, says policy intended to comply with WHO policy

Vaping Bans

CASAA urges Tacoma-Pierce County (WA) vapers to oppose proposed vaping ban

Many Tacoma-Pierce County (WA) vapers criticize vaping ban proposal at Health Dept public hearing that just one Health Dept Board member attended, public comments accepted until October 20

Ramsey County (MN) commissioners vote to ban vaping everywhere smoking is banned,
State funded Clearway Minnesota praises vaping ban that protects cigarettes.

Santa Clarita (CA) City Council bans vaping by redefining it as smoking


Clive Bates: Tobacco Products Directive – what’s next and what can be done?

Public Health England

PHE/UK study finds smokers who used premium vaporizers and e-liquid daily were more likely to quit smoking that smokers who didn’t vape, and nondaily cigalike users.

AVA: UK Public Health Orgs Push Back Against False Vaping Claims

Dick Puddlecote: Honesty and consistency in short supply at the BMJ

Article in the Guardian hypes false and defamatory allegations by intolerant e-cig opponents against Public Health England’s comprehensive scientific report on e-cigs

Lizzy Buchan: Time to address e-cigarette confusion (further exaggerates deceitful lie by McKee/Capewell, falsely claims e-cig company paid for Public Health England’s report)


WHO 2015 European health report falsely claims “tobacco use” is one of three major risk factors for premature mortality (it’s daily cigarette smoking) to deceive public; says 30% of Europeans use tobacco (but doesn’t report cigarette smoking rate)

WHO claims European Health Ministers pledge to support WHO’s intolerant campaign for tobacco free society (instead of reducing cigarette smoking)

Vaping Research

International survey finds 86% of 5,000 vapers (who smoked cigarettes regularly when they began vaping) had completely quit smoking, while another 8% had reduced their cigarette consumption by at least half (since they began vaping).

Mike Siegel: Important new study documents that dual use is not a negative consequence of e-cigarette use, but a positive one

Teen surveys in Great Britain find “past month use” of e-cigs increased from 0.9% in 2013 to 1.7% in 2014, but remained <0.2% among nonsmokers

Konstantinos Farsalinos responds to false and misleading fear mongering propaganda in BMJ by those who vehemently oppose smokers quitting smoking by switching to vaping

Nicotine and Tobacco Research devotes special issue to e-cigarettes; while many/most published studies were funded by Obama’s DHHS, journal charges $39 per article

E-cig Safety

UK National Poison Information Service received 241 telephone calls about e-cigarettes in 2014/15, seven cases of moderate toxicity and one case of severe toxicity reported; but news media misrepresents findings to sensationalize, confuse and scare.

Smoking Research

Study finds teens with a smoker parent are twice as likely to smoke cigarettes than teens with a never smoker parent, three times more likely to have ever smoked, consistent with other studies finding parental smoking is attributable for far more youth smoking than cigarette advertisements, sponsorships, promotions, flavorings, movies showing actors smoking, and everything else tobacco controllers claim causes smoking, all combined

Review of 54 studies in 20 countries abroad finds 84% of people in drug and alcohol treatment programs were cigarette smokers, compared to 31% of the population; but study’s author advocates ineffective treatment for tobacco users and WHO’s intolerant abstinence-only anti-harm-reduction prohibitionist MPOWER policy agenda

Survey finds majority of world’s smokers (primarily those from countries that follow WHO policies and guidelines) have no desire to quit smoking (perhaps due to WHO’s false and misleading fear mongering claims and prohibition policies for e-cigs and snus)

Florida survey finds record low teen cigarette smoking rates (i.e. 2% of middle school students, and 6.9% of high school students) as vaping increases; but Florida Health Dept. press release absurdly claims “This alarming increase in e-cigarette use among teens has the potential to normalize smoking again” and falsely insinuates (despite no evidence) that e-cigs are addicting youth.

NYC cigarette smoking rate dropped to record low 13.9% in 2014 as vaping keeps skyrocketing, but e-cig opposing NYC Health Dept congratulates itself for the decline

Reduced exposure cigarette?

22nd Century touts more harmful “low nicotine” cigarette as “reduced exposure product,” says it intends to submit MRTP application to FDA

Chantix / Champix Hazards

Australian mother (whose son committed suicide after taking Champix) gathers almost 50,000 signatures on petition urging Australian Health Ministry to require drug warning

JAMA’s E-cig Gateway Fraud

UK expert reaction to new study on e-cigarette use in US adolescents

JAMA’s false and deceitful e-cig gateway claim repeated by duped news media

NEJM’s Fraudulent E-cig Formaldehyde Study

Konstantinos Farsalinos: Creating a problem results in reward of millions: follow-up of the NEJM study on e-cigarette formaldehyde

Critics demand retractions in Portland State University e-cigarette findings

More Junk Science, Propaganda and Lies

Mike Siegel: Physicians continue to make unsupported claims about e-cigarettes

US Rep Frank Pallone (D-NJ), ranking member of US House Health Subcommittee, absurdly insists that e-cigs are as harmful as cigarettes (in article about airline vaping)
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Pediatrician Ilana Schmidt repeats AAP’s six year old lie that e-cigs are gateways to cigarette smoking

Kentucky and KU funded Audrey Darville protect cigarettes by making false and misleading fear mongering claims about far less hazardous vaping and nicotine

Mike Siegel: Electronic Cigarettes are Not Renormalizing Smoking, Anti-Tobacco Groups Are

Satyen Singh further exaggerates fales fear mongering claims about vaping

Study finds mice who that vaped nicotine had more “head dips” and “rearing activity” than mice who vaped no nicotine; researchers conclude that mice who vape nicotine may experience behavioral changes.

- Bill Godshall

Godshall THRU 2015-09-25