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Bill Godshall Update 2015-11-13

Tobacco Harm Reduction Update - November 13th, 2015


THR Surveillance, FDA Deeming Reg / Ban, FDA Approves First PMTAs, HUD, NIDA, Vaping Education / Advocacy, Vaping Politics, Taxation, Litigation, OTP and Vapor Flavoring Ban, Vaping Bans, Packaging, Minimum Age Laws, Prohibition, Public Health England, More THR / Nicotine Surveillance / Research, Potential Vaping Risk, Junk Science, Propaganda and Lies.


THR Surveillance

CDC reports NHIS found US adult cigarette smoking rate dropped from 17.8% in 2013 to new record low 16.8% (i.e. 40.0 million smokers) in 2014, daily smoking rate declined to new record low 12.9% (i.e. 30.7 million), mean consumption by daily smokers declined to new record low 13.8 cigarettes/day. But CDC still won’t admit vaping has helped smokers quit, and instead credits intolerant and ineffective TC policies.

Brad Rodu revealed same 2014 NHIS data for male and female smokers two weeks ago at

CDC reports that Medicaid recipients (29.1%) and uninsured (27.9%) are more than twice as likely to smoke cigarettes as privately insured (12.9%)

National Center for Health Statistics’ Charlotte Schoenborn misrepresents 2014 NHIS data at
[finding smokers are 40 times more likely than never smokers to currently vape (15.9% vs 0.4%), and recent former smokers are 55 times more likely to do so (22.0% vs 0.4%)] by saying "I don't think we can say that current and recent former smokers as well as smokers who have tried to recently quit are using e-cigarettes to help them quit smoking”. Godshall comments

FDA Deeming Reg/Ban

Carl Philllips: FDA regulation of e-cigarettes would not actually be regulation, Godshall comments

Mike Siegel – FDA is out of its mind: Deeming regulations should be called the “The cigarette protection act of 2015”; Regs are an embarrassment to public health and will decimate the vaping industry; Godshall comments

SFATA provides member guidance for requesting and attending OMB/OIRA meetings

Jeff Stier webinar on FDA deeming regs and the OMB

Dimitris Agrafiotis interviews Azim Chowdhury and Bill Godshall on FDA’s leaked Deeming Regulation, White House OMB/OIRA

Vape regulation is coming, and it might just kill the industry

Mike Siegel: In reality, FDA deeming regulations are thinly veiled prohibition

Baptists, Bootleggers & Electronic Cigarettes (49 page article in Yale Journal on
Regulation by Jonathan Adler, Roger Meiners, Andrew Morris, and Bruce Yandel)

Jonathan Adler: E-cigarette regulations may increase teen smoking (and help Big Tobacco)

Free webinar November 18 at 8pm EST with Azim Chowdhury and VapeMentors:
How to Future-Proof Your Vape Shop or E-Liquid Company and Avoid FDA Shutdown

'Leaked deeming regulations' raise questions, offer few answers, Godshall comments

DHHS funded e-cig prohibitionist Stan Glantz now says Obama administration should release its leaked FDA deeming reg/ban to public (but fails to acknowledge that leaked draft guidance, which Glantz possesses, would ban >99.9% of e-cigs now on the market)

FDA Approves First PMTAs

FDA approves PreMarket Tobacco Orders for 8 Swedish Match General Snus products, but only now reveals SM submitted PMTAs for the 8 snus products back in March (in connection with SM’s 120,000+ page MRTP application for the same products, which is still under consideration by FDA).

FDA press release says SM’s snus products “would likely provide less toxic options if current adult smokeless tobacco users used them exclusively” (despite negligible risk differences between snus and moist snuff, but exponential risk differences between smokeless tobacco and cigarettes): but FDA’s PMTA approval doesn’t allow SM to say snus might "provide less toxic options" for users of smokeless tobacco or cigarettes. FDA press release also claims FDA approved tobacco products are not "FDA approved".

FDA “decision summary” for approving SM PMTA delineates how/why >99% of e-cig manufacturers cannot afford to submit a PMTA that FDA would actually review.

Mike Siegel: First PMTA approvals by FDA demonstrate why treating e-cigarettes like tobacco products makes no sense and will decimate industry

Larry Waters: Swedish Match gets PMTA (Not MRTP) approval from FDA for 8 General Snus products

Carl Phillips: FDAs snus PMTA approval – what it seems to mean

Brad Rodu: FDA authorizes eight new snus products

News stories about FDA’s approval of Swedish Match PMTAs for General Snus


HUD proposes banning smoking in all public housing (and outdoors within 25 feet of buildings); proposal doesn’t ban vaping, but demonizes it, then requests comments on it, and says Final Rule may also ban vaping; 60 day public comment period

Public Housing ban on smoking may include e-cigarettes

Megan McCardle: ‘Ban smoking’ means evict ‘defiant smokers’ (and perhaps vapers)

Public housing nationwide may be subject to smoking ban (but NY Times article fails to mention vaping)

NY Times editorial endorses HUD public housing smoking ban, fails to mention vaping


NIDA Director Nora Volkow repeats false claims by Donney et al and JAMA that study (which found no change in daily cigarette consumption when smokers were paid to use low nicotine cigarettes) found low nicotine cigarettes provide health benefits for smokers.

Vaping Education / Advocacy

Lois Ross: Scaremongering about e-cigarettes is not in the best interests of patients

Pharmacy Times article cites CDC 2014 NHIS data on adult use of vapor products

BBC: Should we switch from tobacco to e-cigarettes? (excellent answers, data, graphics)

ACSH: Cigarette smoking continues down and harm reduction helps

Mike Siegel: New population-based study shows that adult e-cigarette use has an overall benefit for the public’s health

Vaping Politics

Tod Robberson: The big issue that’ll swing the elections? Vaping, says Grover Norquist

Grover Norquist: Anti vaping crusade will be an election loser

ATR’s Paul Blair: Vaping claimed first victim one year ago

SFATA calls on candidates to promote e-cigs during debates


CASAA Call to Action urges Cook County (IL) vapers to oppose amendment to double proposed budget’s e-liquid tax from $.20/ml to $.40/ml. Finance Cmte meeting today.

CASAA Call to Action urges PA vapers to urge legislators to reject taxing low risk vapor and smokeless tobacco products

CTFK urges PA legislators to increase cigarette tax, and tax OTP and vapor products

The Grover Norquist Show: Leave vapers alone

ATR – New CDC data: More than 9 million adults vape regularly in the United States

New Mexico Senator Cisco McSorley (D-Albuquerque) wants to tax vapor products


Illinois Supreme Court vacates $10.1 Billion verdict against Philip Morris in Price/Miles lights class action lawsuit

Class action against Santa Fe Natural Tobacco Company claims consumers were mislead by deceptive marketing claims to believe cigarettes are “less unhealthy” than other brands

OTP and Vapor Flavoring Ban

St. Paul (MN) ordinance would ban sales of flavored vapor and tobacco products
(except tobacco, menthol, mint and wintergreen flavors), even though menthol flavored cigarettes are exponentially more harmful than all flavored OTP and vapor products

CASAA Call to Action urges St. Paul (MN) vapers to oppose proposed ordinance to ban sales of flavored vapor and tobacco products; speak out at November 18 public hearing

Vaping Bans

CASAA Call to Action urges Laredo (TX) vaper to oppose proposed vaping ban; City Council meeting on November 16

Snohomish County (WA) Board of Health protects cigarettes by banning vaping in workplaces; product sampling only allowed in some strictly regulated vape shops

Welsh Conservative leader Andrew RT Davies criticizes proposed vaping ban

City of Edmonton (Canada) officials ban vaping wherever smoking is banned

Bellingham (WA) bans vaping and smoking at city parks, trails and open spaces

Wheeling-Ohio County (WV) Board of Health protects cigarettes by banning vaping everywhere smoking is banned, but allowing smoking to continue inside casino

B.C. government’s intervention on e-cigs and vapourizers unnecessary and harmful, industry says


Wisconsin bill (AB 502) would require child resistant packaging for e-liquid

Minimum Age Laws

ACSH – Discuss: Should we raise the minimum age on smoking? Godshall comments


WHO Director Margaret Chan (who urged all nations to ban lifesaving vapor products, which protects cigarettes and threatens billions of lives) criticizes intellectual property rights, patents, profits, corporations, and TPP (despite previously advocating a tobacco industry carve out that protects and promotes ineffective plain packaging cigarette laws).

Malaysian Health Ministry raids 50+ vape shops

Malaysian Health Ministry protects cigarettes, claims e-cigs are banned, urges health workers to eradicate vaping

Malaysian Consumers Movement president lobbies to kill tobacco consumers by banning vapor products, falsely claims “Studies have shown one hour of vaping was equivalent to smoking 150 cigarettes,” and e-cigs contain “87 cancerous substances”,

Singapore’s cigarette protecting vapor product ban creates thriving black markets

Public Health England

BMJ infographic smears Public Health England (and dozens of individuals and organizations that support THR and public health) for telling truth about vaping

Clive Bates: Smears or science? The BMJ attack on Public Health England and its e-cigarettes evidence review

Konstantinos Farsalinos: Why academic journal attacks on Public Health England e-cigarette report should be completely ignored

More THR / Nicotine Surveillance / Research

Oklahoma smoking rate declines to record low, plummets from 26% in 2011 to 21% in 2014, as vaping rate increased to 7.6%. But OK officials refuse to admit e-cigs helped reduce smoking, and instead credit ineffective TC policies that enrich Big Pharma.

Study finds nicotine reduces aggressive episodes in children with autism

Rutgers study finds e-cigs might help cigarette smokers quit

BAT scientists propose new framework for assessing reduced risks products

Potential Vaping Risk

Despite no evidence any vapor product has ever caused bronchiolitis obliterans (aka popcorn lung), Brad Rodu opines “it is unacceptable for any vape shop to sell liquids” containing any diacetyl or acetyl propionyl, urges vapers to only use liquids certified to be free of these agents (i.e. e-liquid products certified by AEMSA).

Junk Science, Propaganda and Lies

Push poll by Harvard School of Public Health and Stat confuses and scares respondents about e-cigs before asking questions, then the pollsters claim most Americans believe e-cigs are as harmful as cigarettes, and should be regulated just like them.

Poll: Shocking Ignorance on risks of e-cigs thanks to ‘dishonest’ and ‘unethical’ tactics

Intolerant ALA’s 10 Year State of Tobacco Control Road Map rejects THR to reduce cigarette smoking, diseases and deaths; touts many ineffective TC policies

AAP president Sandra Hassink repeats false fear mongering claims about e-cigs to lobby for FDA deeming reg (that would ban the sale of >99.9% of e-cig products to adults) under deceitful guise of protecting youth (as teen smoking rates have plummeted to record lows as many/most teen smokers have switched to vaping). Note that since 2009 AAP has repeated these false claims to lobby FDA to ban e-cigs, but not cigarettes.

DHHS funded Goniewicz manipulates findings of Polish teen study to falsely insinuate that dual use of cigarettes and e-cigs (which all vapers experience when switching from cigarettes) is more harmful than exclusive cigarette smoking.

WHO affiliated German cancer researcher Martina Pötschke-Langer protects cigarettes, conflates e-cigs with cigarettes, repeats false fear mongering claims about vapor products

Stanford School of Medicine hosts e-cig forum, but invited panelists were vaping opponents and David Abrams of Legacy, which has urged FDA to ban e-cigs since 2009.

Legacy also lobbies for e-cigarette advertising regulations, cites Altria spending on ads for under performing MarkTen e-cigs, and young adults appearing in the ads

Alaska news article misleads readers about youth survey data to demonize e-cigs

Authors of e-cig cell study confuse and scare readers to believe e-cigs are toxic and may be carcinogenic

NBC Connecticut tries to create public panic about e-cig safety (while failing to mention that laptops, cell phones and other consumer electronic products have experienced far more battery fires and explosions than e-cigs)

Mike Siegel: American Lung Association and CVS campaign downplays the importance of smoking in preventing lung cancer

- Bill Godshall

Godshall THRU 2015-11-13