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Bill Godshall Update 2015-10-07

Tobacco Harm Reduction Update - October 7th, 2015


THR Surveillance

SAMHSA reports 2014 NSDUH found record low rates of “pack or more per day cigarette smoking,” “daily cigarette smoking,” and “past month cigarette smoking” among Americans 12 years of age or older, and among those 25 years of age or older; reports record low “past month cigar smoking” among all age groups; but falsely claims “Tobacco use continues to be the leading cause of preventable death in the United States”

CDC and FDA report 2014 NYTS found that, among “past 30 day users” in high school, 42% of smokeless tobacco users reported frequent use (i.e. >19 of past 30 days), as did 31.6% of cigarette smokers, 15.5% of e-cig users, and 13.1% of cigar smokers. Among “past 30 day users” in middle school, frequent use was reported by 29.2% of smokeless tobacco users, 20.0% of cigarette smokers, 13.2% of cigar smokers and 11.8% of e-cig users. The NYTS and NSDUH highlight the sharp decline in frequent and past 30 day cigarette smoking by teens, but CDC’s report conflated OTP and e-cigs with cigarettes.

Mike Siegel: As youth smoking rates continue to plummet . . .

New survey finds smoking in Britain continues declining as vaping continues growing

California DPH survey finds “past 30 day” cigarette smoking rate among adults declined to record low 11.7% in 2013, as vaping skyrocketed from 2012 to 2013

THR Research

Brad Rodu – Up in vapor: the real story behind the formaldehyde-cancer link

Study finds Swedish Match’s proposed MRTP changes for its smokeless tobacco warnings would encourage some smokers to buy and use far less harmful snus

Brad Rodu: Premarket study positive for proposed snus warning label changes

THR Education/Advocacy

Carl Phillips: Toward beneficial and practical standards for e-cigarettes

I went to a vape conference to mock it – Then the vapers changed my mind

David Shaw: Hospitals are wrong to ban e-cigarette use (UK)

Commissioner says e-cigs should be allowed in county buildings (KS)

Yakima (WA) vape shop owner says e-cigs helped her quit smoking

Regulatory schemes

Michael Shaw: Yet more mindless attacks on e-cigarettes (Indiana’s e-liquid reg/ban)

Joel Nitzkin: Endgame proposals and a wake-up call to the tobacco control community

K Farsalinos and J Le Houezec – Regulation in the face of uncertainty: the evidence on electronic nicotine delivery systems

Consumer Choice vs Government Tyranny

CASAA’s Julie Woessner and Carl Phillips: E-cig consumer wants and “needs”

Dave Clements: If people choose to smoke, vape or drink too much that should be up to them

UNC vaping opponent Rebecca Williams conducts Google search for vapor conventions, denounces them because anti vaping propagandists weren’t invited to “educate attendees about negative consequences of use”

Carl Phillips – New public health panic: Ecig users practice freedom of association without proper supervision!

FDA deeming reg/ban

Laurie Tarkan: How new rules could kill the vaping boom

US Rep. Nita Lowey (D-NY) repeats false fear mongering claims about e-cigs, urges FDA’s Ostroff and DHHS’ Burwell to release FDA’s deeming rule (that would ban >99.9% of nicotine vapor products now on the market) to purportedly “protect youth”

DHHS/Bloomberg funded Joanna Cohen deceptively portrays herself as a public health advocate, then repeats DHHS’ false fear mongering claims about e-cigs as factual, calls for “immediate regulation”, including FDA’s proposed deeming rule (that would ban >99.9% of all nicotine vapor products now on the market), subsequent FDA e-cig ad and promotion bans, and public vaping bans (all of which protect cigarettes, discourage smokers from switching to vaping, and demonize lifesaving vapor products).

DHHS financed junk e-cig gateway studies in JAMA to lobby for FDA e-cig ban

Godshall and Rodu debunk Primack et al’s fraudulent e-cig gateway claim in Pittsburgh Post-Gazette: Do e-cigarettes lead to cigarette smoking?

Joel Nitzkin: No, e-cigarettes aren’t recruiting teens to smoke

Eric Boehm: New e-cigarette study likely to prompt calls for more regs, despite lack of evidence

Joel Nitzkin: E-cigarettes and recruitment of teens to nicotine addiction

FDA’s irrelevant ANPRM for e-liquid (since FDA’s deeming reg bans ALL e-liquid)

CASAA comment on FDA’s proposed ANPRM for Nicotine Exposure Warnings and Child Resistant Packaging for Liquid Nicotine

FDA funded UCSF TCORS’ and CA Poison Control Center’s comment to FDA grossly misrepresents facts, evidence and common sense on very low risks of e-liquid and nicotine, urges FDA to mandate many false fear mongering warnings on vapor products

CASAA comments to FDA on UCSF comment on FDA’s proposed ANPRM;
How public health policy may be hazardous to your health

32 State AGs grossly misrepresent negligible e-liquid safety risks in letter urging FDA to swiftly impose fear mongering warnings and packaging regulations for e-liquid, which would require FDA to finalize the deeming regulation (that would ban >99.9% of all nicotine vapor products now on the market, including all bottled e-liquid), rendering the AGs’ letter totally meaningless and deceitful).

NY AG Eric Schneiderman again milks death of toddler due (who reportedly ingested e-liquid from bottle whose child-resistant cap had been removed by mother’s sister), touts AG letter urging FDA to require warnings and packaging requirement for all e-liquid (that would be banned by FDA’s proposed deeming rule).

Academy of Family Physicians urges FDA to impose deeming rule (that would ban >99.9% of nicotine vapor products, including all e-liquid), and to require warnings and packaging requirements for all of the banned e-liquid products.

Misleading CDC/FDA reports lobby for FDA deeming regulation to ban e-cigs

CDC and FDA conflate occasional use of low risk e-cigs, smokeless, cigars, hookah and pipe tobacco with daily cigarette smoking to demonize flavorings, tout irrelevant 2014 NTYS finding that most “past 30 day” users of tobacco and vapor products had used a flavored product, fail to acknowledge menthol cigarettes cause >100 times more disease, disability, death and healthcare costs than all flavored OTP and vapor products combined.

CDC Director Tom Frieden falsely claims “Flavored tobacco products are enticing a new generation of America’s youth into nicotine addiction,” and deceitfully conflates low risk e-cigs and smokeless tobacco with exponentially more harmful cigarettes. CDC’s Brian King advocates flavoring bans, including FDA’s deeming proposal to ban >99.9% of nicotine vapor products. News media hypes CDC’s fear mongering about flavors.

Big Pharma financed CTFK misrepresents findings in CDC/FDA studies to lobby FDA to impose Deeming rule, that would ban >99.9% of all nicotine vapor products)

Other FDA

Mike Siegel: FDA’s proposed rule on allowable e-cigarette claims runs afoul of both the Constitution and the law

Mike Siegel: FDA Completely Misinterprets Food, Drug and Cosmetic Act in Warning Letters to E-Cigarette Company

Altria, Reynolds and Imperial sue FDA again for requiring agency approval of packaging changes to logos and background colors

FDA announces abstinence-only anti-tobacco propaganda program called “Fresh Empire” for multicultural hip hop youth

TPP / Plain packaging laws

After Obama administration proposes “tobacco carve out” in Trans Pacific Partnership (to protect nations that ban/seize Intellectual Property owned by tobacco companies, particularly plain packaging cigarette laws like Australia’s, which didn’t even reduce smoking), twelve nations agree to TPP

Tobacco carve out in TPP might jeopardize its approval by US Congress

New Zealand plain packaging activists cite TPP tobacco carve out to lobby government to now mandate plain packaging for cigarettes

Australian news story delineates how TPP’s tobacco carve out protects and promotes plain packaging cigarette laws

JTI criticizes Australian government for delaying its report on plain packaging law, says “The Department of Health (DoH) knows that this policy has failed” to reduce smoking

Big Pharma financed e-cig prohibitionists CTFK, ACS, AHA, ALA tout TPP’s tobacco carve out despite no evidence plain packaging laws reduce smoking, as does ASH

DHHS funded Stan Glantz criticizes TPP’s tobacco carve, claims it has loophole

US Congress

US House bill (HR 3242) to require child resistant packaging for e-liquid Ordered to be Reported by Voice Vote of Energy and Commerce Cmte

US Sen. Brian Schatz (D-HI) introduces bill (S 2100) with nine Democrat cosponsors to ban sales of all tobacco products (including very low risk smokeless tobacco and vapor products) to anyone under 21 years, falsely attributes cigarette caused diseases, disabilities, deaths and healthcare costs to “tobacco use” instead of smoking.


CA jury awards woman $1.9 million after e-cig battery exploded when charging in car

Carl Phillips: Attacking ecigs to encourage continued smoking: predatory lawsuit and goofy California law edition (regarding CEH’s Prop 65 lawsuit and unpublished test results alleging high levels of so-called carcinogens in e-cigs)

Lawfirm once again seeks certification in class action lawsuit against NJOY

Florida jury awards $1 million in compensatory damages to widow for husband’s lung disease death, rules against Philip Morris and Reynolds

Class action lawsuit filed against Sante Fe Natural Tobacco Company and Reynolds over claims about Natural Spirit, citing FDA’s recent ruling and warning letter


THR opponents Michael Bloomberg and WHO’s Margaret Chan conflate cigarette smoking with all other tobacco use, urge nations to tax very low risks smokefree tobacco products (including vapor products) at same rate as far more harmful cigarettes

Poll finds 66% of likely California voters support ballot initiative to raise cigarette tax by $2/pack (and would tax far less harmful vapor products at the same rate)

Flavoring ban

Alberta (Canada) ban on menthol cigarette sales takes effect

Employment Discrimination

Spokane Regional Health District (WA) unethically and inhumanely encourages all employers to stop hiring smokers (to stigmatize and impoverish them and their families)

Minimum Age

Albany County legislator (and former ALA staffer) Tim Nichols proposed bill to increase minimum age for sale of tobacco and vapor products to 21


Nerudia’s Peter Becket reports on Totally Wicked’s Day in Court challenging the EU TPD’s counterproductive e-cig regulations

Gil Ross – Public Health vs. EU’s Tobacco Product Directive: The Battle is Joined

EU ignoring the science over electronic cigarettes, claim eurosceptic Tories

Junk Science, Propaganda and Lies

Low nicotine cigarette junk study misrepresented by DHHS funded authors and NEJM

DHHS funded junk study published by NEJM finds no decline in cigarette consumption after free low nicotine cigarettes were given to smokers along with $835, but study’s DHHS funded authors, NEJM invited editorial, and four coordinated press releases falsely claim study found smokers reduced consumption of low nicotine cigarettes (to advocate FDA regulation mandating even more harmful low nicotine cigarettes). (see Figure 1)

NEJM invites op/ed by Big Pharma financed NRT promoters Michael Fiore and Timothy Baker that misrepresents findings in low nicotine cigarette study to lobby for FDA regulation that mandates more harmful cigarettes under false guise of promoting health

Coordinated press releases issued by NIDA, University of Pittsburgh, UCSF and Vanderbilt University all falsely claim that low nicotine study (conducted by their researchers) in NEJM found that low nicotine cigarettes reduced cigarette consumption.

Deceived news media repeat false claims by DHHS funded activist researchers and NEJM about low nicotine cigarette study with no fact checking; but ALA’s Norm Edelman cited several unintended consequences of mandating low nicotine cigarettes

Mike Siegel: Contrary to the way results were reported, new study did not find a reduction in cigarettes smoked with low-nicotine cigarettes

MedPageToday articles about low nicotine cigarette study reveals that authors and NEJM misrepresented the study’s actual findings

Gil Ross – Study in futility: Reduced-nicotine testing way too short

Mike Siegel: NEJM commentary written by anti tobacco researchers hides conflict of interest with Big Pharma

Mike Siegel: New study violates research ethics by assigning subjects to smoke, instructing them to smoke, and failing to provide mandated care

Lynn Kozlowski debunked unsubstantiated claims by those lobbying to mandate more harmful low nicotine cigarettes (before Donney et al and NEJM misrepresented low nicotine cigarette study findings to lobby for FDA to mandate low nicotine cigarettes).

DHHS funded 22nd Century president Henry Sicignano falsely claims company’s low nicotine cigarette technology has “been shown to have tremendous value to help people quit smoking.”

Big Pharma funded e-cig prohibitionist Matt Myers praises and misrepresents findings of low nicotine cigarette study, calls for FDA to mandate nicotine reductions in all cigarettes (that would make them more harmful as smokers would smoke more and inhale deeper)

MSA financed Legacy (now calling itself truth initiative) CEO Robin Koval urges FDA to mandate low nicotine cigarettes, misrepresents NEJM study findings, falsely claims “low nicotine products can reduce addictiveness and lead to quitting, all without the unintended consequence of prompting more smoking to compensate for lower nicotine”, demonizes e-cigs, hookah and flavored cigars that FDA has proposed banning (that Legacy has lobbied for since 2011 after urging FDA to unlawful ban e-cigs in 2009).

DHHS funded Stan Glantz falsely claims NEJM study found low nicotine cigarettes
reduced smoking and helped smokers quit

Mike Siegel: Anti tobacco groups publicly lie about the effects of low-nicotine cigarettes; our honesty is as bad as the tobacco industry of old

McKee and Capewell’s attack on Public Health England’s comprehensive e-cig report

Authors of fraudulent e-cig formaldehyde study promoted by NEJM (Strongen, Payton, Pankow) denounce THR advocates in letter to BMJ, claim “McKee and Capewell advocate evidence-based health policy via critical evaluation of all of the relevant scientific data without bias.”

Clive Bates responds to letter in BMJ by authors of fraudulent NEJM formaldehyde study (that falsely claimed e-cigs emit more carcinogens than cigarettes).

Konstantinos Farsalinos corrects false fear mongering claims (posted in BMJ) that nicotine causes cancer, e-cigs addict nonsmokers and are gateways to cigarettes

DHHS funded hookah prohibitionist Wasim Maziak calls THR advocates “ideological”, then falsely claims “many tobacco/nicotine naïve youth are taking up e-cigarettes (and hookah) and becoming addicted on nicotine through them,” and “nicotine, is a problem to each individual’s health and the society at large, e-cigarettes is a big NO from public health perspective”.

More Junk Science, Propaganda and Lies

California TRDRP gives two grants totaling $1.3 million to Berkeley Lab to scare and deceive the public to believe third hand smoke is a health threat.

Consumer Reports article repeats defamatory allegations by McKee/Capewell against Public Health England’s e-cig report, touts false claims about e-cigs by biased US task force, junk e-cig study by UCSF and unpublished sensationalized claims by CEH, touts less-than-effective and less-than-safe FDA approved Big Pharma drugs; hundreds of vapers who quit smoking post comments correcting article’s false claims.

Southern Nevada Health District’s Maria Azzerelli falsely claims smokeless tobacco products are as harmful as cigarettes

Bill Godshall
Executive Director
Smokefree Pennsylvania
1926 Monongahela Avenue
Pittsburgh, PA 15218
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