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Bill Godshall Update 2015-10-22

Tobacco Harm Reduction Update - October 22nd, 2015


FDA Deeming Reg/Ban

FDA sends Deeming Regulation (that would ban >99.9% of nicotine vapor products) to White House OMB/OIRA for review

CSPNet: FDA sends OMB Tobacco Regs for Final Review

SFATA: FDA deeming regulations move to review stage

NACS: FDA regulations move forward

Proposed FDA cigar regulations move to OMB

THR Surveillance

Brad Rodu – The CDC Buries the Lead: Teen e-cigarette use rises as more dangerous cigarette use plummets (chart delineates cigarette and e-cig use from 2011-2014 NYTS)

While the CDC has cherry picked e-cig usage data from the NYTS to create a public panic and lobby for FDA’s deeming regulation (that would ban >99.9% of nicotine vapor products), the 2014 NYTS at
also found (but CDC has failed to report) among 6th-12th grade students:

First Product Used

- Among ever users of tobacco or vapor products, 13.6% first used cigarettes, 5.5% first used e-cigarettes, 4.7% first used cigars, 3.2% first used smokeless tobacco, 1.7% first used another tobacco product; refuting false claims e-cigs are gateways to cigarettes.

Changes in Product Use from 2011 to 2014

- Those who last smoked a cigarette “Today” declined from 3.7% to 2.0%,
- Those who last smoked a cigarette in “Past Week” declined from 7.8% to 4.3%,
- Those who last smoked a cigarette in “Past 30 Days” declined from 10.4% to 6.1%,
- Those who have Not used a tobacco or e-cig product in “Past 30 Days” increased from 81.6% to 88.9%,
- Those who have Never used a tobacco or e-cig product increased from 72.6% to 79.4%.

Product Risk Beliefs

- 18.0% inaccurately believe e-cigs are just as or more harmful than cigarettes, 48.5% accurately believe e-cigs are less harmful,
- 33.5% inaccurately believe e-cigs are just as or more addictive than cigarettes, 29.8% accurately believe e-cigs are less addictive,
- 49.9% inaccurately believe smokeless tobacco is just as or more harmful than cigarettes, 12.7% accurately believe smokeless tobacco is less harmful,
- 45.2% inaccurately believe cigars are just as or more harmful than cigarettes, 15.7% accurately believe cigars are less harmful,
- 85.5% inaccurately agree “All tobacco products are dangerous”, 9.9% accurately disagree.

Home Environment

- 28.8% of 6th-12th grade students live with a cigarette smoker, 9.8% with a smokeless tobacco user, 9.5% with an e-cigarette user, 7.4% with a cigar smoker, 3.7% with a hookah smoker, 1.5% with a pipe smoker.

Brad Rodu – The bitter truth: CDC’s numbers on flavored tobacco don’t add up

THR Research

Pilot study of UK Stop Smoking Services in London offering 4 weeks of free cigalike e-cigs to smokers finds 65% of smokers who accepted the e-cigs were biochemically validated cigarette abstinent after 4 weeks (compared to 45% of smokers who didn’t accept the e-cigs); authors conclude that the appeal, efficacy and cost effectiveness of smoking cessation services may increase by offering e-cigs to smokers.

New study finds e-cigs are efficient in delivering nicotine to vapers, decrease withdrawal symptoms and satisfy vapers, and that very little nicotine or PG/VG is exhaled by vapers; but DHHS funded authors falsely claim study found e-cigs may create nicotine addiction.
Nicotine delivery, retention, and pharmacokinetics from various electronic cigarettes

Imperial Tobacco study finds Marlboro HeatSticks emit far more air pollution than
Nicorette inhaler or Blu eCigs; Imperial Tobacco recommends banning use of “heat not burn” tobacco products where smoking is banned.

THR Advocacy/Activism

Joe Nocera: Can E-Cigarettes Save Lives?

Jacob Sullum: Why not let e-cigarette companies tell the truth?
The problem is too much FDA regulation, not too little. (regarding Joe Nocera’s column)

Mendelsohn/Gartner – Electronic Cigarettes: What should you tell your patients?

Polish Prime Minister is demanding answers from the Ministry of Health on e-cigarettes

Welsh PM Kevin Barron slams proposed vaping ban, says it “makes no sense”

End Smoking NZ issues leaflet “Supporting smokers to switch to vaping”

Vapor Conference

The E-Cigarette Summit 2015 in London on November 12th
(many UK and European public health experts to present/discuss, excellent program)

Other US Federal

FDA reports that, in September, the agency issues 9 NSE orders, 98 SE orders and 3 exemption from SE letters

FTC reports it is seeking clearance from OMB to request and require approximately 5 large and 10 small e-cigarette “industry members” to provide annual sales and marketing expenditures for disclosure in annual reports (like FTC Cigarette and Smokeless Tobacco Reports), and is considering demanding/reporting far more undetermined “information”; seeks public comments on proposal for 60 days.

2012 FTC Cigarette and Smokeless Tobacco Reports (issued in 2015) are below

Big Pharma financed e-cig prohibitionists at CTFK, ACS, AHA, ALA, Legacy falsely allege (as has FDA) that “smoking is a disease” and that claims vapor products can help people quit smoking are “therapeutic” in violation of the FDCA, urge FDA to investigate

US bill (S 2100) to increase minimum age for tobacco and vapor product sales from 18 to 21 years referred to Commerce Science and Transportation Cmte


Sally Satel: Keep Vaping China, Don’t Listen to the World Health Organization on E-Cigarettes

After urging countries to protect cigarettes by banning lifesaving e-cigarettes, WHO’s Margaret Chan threatens to sanction nations that don’t follow WHO mandates

THR Industry

Pinney Associates hires Michael Hufford


CASAA Call to Action urges Cook County (IL) vapers to oppose proposed $.20/ml e-liquid tax (i.e. $6 tax for each 30ml bottle) in County Board President’s 2016 budget (in addition to Chicago’s proposed e-cig tax); public hearings on Oct. 28 and 29

CASAA Call to Action urges PA vapers to remind state legislators to reject taxing vapor products

Wyoming legislative committee recommends undetermined tax increase on cigarettes (and perhaps other tobacco products), recommendation sent to Joint Revenue Committee

Rhode Island man arrested, $1.5 million of untaxed cigars, smokeless tobacco and OTP seized; exposes another consequence of excessive OTP taxation (in addition to discouraging smokers from switching to low risk smokeless tobacco)


$2.5 Billion vaping boom draws class action lawsuits

Tobacco Settlement payments received by States

NY AG Schneiderman, Altria and Reynolds announce $550 million settlement over disputed MSA payments to state

Regulatory Schemes

Clive Bates: Regulating disruptive technologies – three papers

Retailer Regulations

Utah Health Dept (which has lied about e-cigs many times since 2010) proposes e-cigarette regulations that would protect cigarette by decimating the legal Utah vapor industry, creating black markets, and threatening lives of vapers and smokers in Utah.

Utah Smoke-Free Association issues Action Alert regarding Utah Health Dept’s proposed vapor products regulations

Philly City Council Health Cmte cancels Oct 22 hearing on bill to ban tobacco and vapor product sales at pharmacies.

Multnomah County (OR) Board of Commissioners holding meetings and hearings on proposal to impose $350 and $600 license fees on tobacco and vapor product retailers

NJ Senate Health Cmte amends and unanimously reports bill (S 2877) to require child-resistant packaging for e-liquid consistent with federal regulations

Australian Capital Territory Health Minister Simon Corbell proposes banning e-cig advertising and retail store displays, makes false fear mongering claims about vaping

Outdoor Smoking Bans

Outside smoking ban consultation criticized for including e-cigarettes (Wales)

Is Providence (RI) plan to ban smoking downtown good health or a smokescreen?

Smoked out of the public square
Outdoor smoking bans are not only illiberal – they can be cruel too.

Insurance Discrimination’s James Daley suggest regulators investigate insurance pricing policies, cites charging vapers same premiums as far higher risk cigarette smokers


Facebook reverses censorship of ads for “A Billion Lives” documentary about vaping


Michael Bloomberg (who banned vaping and sales of flavored smokeless tobacco products in NYC, and who funds anti THR campaigns) claims tobacco companies (that support THR and market low risk smokefree alternatives to smokers) "deliberately go out every day and try to kill, for their own profits, the poor around the world."

CASAColumbia praises FDA approved nicotine products, while demonizing all other nicotine products as “a threat to public health” (especially lifesaving e-cigs), promotes FDA’s e-cig manufacturing/sales ban and other unwarranted laws to protect cigarettes.

Study finds that health warnings and flavorings on e-cigs “significantly predicted perceptions of product harm,” so DHHS funded authors urge regulators to target warnings and flavorings for regulations (to discourage smokers from trying e-cigs)

Black Market Cigarettes

Sensationalized Daily Record headline and article falsely claims black market cigarettes are far more harmful than tax paid cigarettes (as all cigarettes are similarly harmful)

Plain Packaging

New Canadian Prime Minister Trudeau proposes plain packaging cigarette law (despite no evidence Australia’s 2012 plain packaging law reduced smoking)

California Medical Association House of Delegates passes anti-business resolution denouncing US Chamber of Commerce (because chamber defended intellectual property rights from tobacco carve out in TPP negotiations)

Junk Science, Propaganda and Lies

Konstantinos Farsalinos: Medical journal MISREPRESENTS a case of hypersensitivity pneumonitis as popcorn lung disease caused by e-cigarette

American Academy of Chest Physicians’ press release headline falsely claimed diacetyl containing e-cigs caused case of “popcorn lung” (despite no evidence the e-cigs contained diacetyl, and despite no evidence of popcorn lung in the patient) to demonize vaping and promote CHEST’s conference in Montreal next week; AACP corrects some false claims in its press release thanks to Farsalinos, but now misrepresents findings by claiming diacetyl in e-cigs caused acute hypersensitivity pneumonitis

Avdalaovic/Murin op/ed in CHEST falsely claims negligible risks of vapor products exceed health benefits, grossly misrepresent scientific and empirical evidence

Middlekauff op/ed in CHEST objectively presents scientific evidence on e-cigarettes, but advocates FDA deeming regulation that would ban >99.9% of e-cig products.

Man claims e-liquid burned hole in lung, UK tabloids repeat and sensationalize claim without any fact checking, publish previously taken photos that were copywritten.

Kim LaCapria – Black Hole lung: The Sun newspaper reports that a man ‘burned a hole” by vaping, but the story was suspiciously light on medical information

Milwaukee Journal Sentinel reporter Raquel Rutledge makes false claims about e-liquid risks to confuse, scare and demonize

DHHS funded e-cig prohibitionist Stan Glantz criticizes Joe Nocera for telling truth about vaping, protects cigarettes with false fear mongering claims about vaping and nicotine.

Australian e-cig prohibitionist Simon Chapman continues to deceive tobacco controllers and the public about many health benefits and negligible risks of vapor products