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Bill Godshall Update 2016-03-07

Tobacco Harm Reduction Update - March 7th, 2016

THR Advocacy, FDA Deeming Ban, Obama’s DHHS Lobbies to Protect Big Pharma NRT from Vapor and Tobacco Products, Litigation, Taxation, California, Indiana E-liquid Monopoly Law, Internet Vapor Sales Ban, Vapor Retail Restriction, Minimum Age Laws, Vaping Bans, Smoking Bans, Smokeless Tobacco Bans, EU TPD, Germany, UK Bans Lobbying with Government $$, Quebec Flavoring Ban, Australian Plain Packaging Law, Battery Safety, THR Research, THR Censorship, Conflicts Of Interest And Hypocrisy, Junk Science, Propaganda and Lies.

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THR Advocacy

Helen Redmond: It’s the people who harmfully attack e-cigarettes that need to quit

Tobacco Harm Reduction Conference in New York City on April 21

ACSH’s Gil Ross: Don’t Abandoned Hope, Vapers! There’s Light in the Darkness

Clive Bates: Blending evidence with empathy – a new guide to e-cigarettes

Brad Rodu: British government tells smokers and vapers the tobacco truth

Times of London editorial
Vapid Anti Vapers: E-cigarettes should be welcomed as a good way to stop smoking

Dick Puddlecote: Slaughtering Sacred Cows

Is it safe and legal to vape with kids in the car? (quotes Igor Burstyn and Dave Sweanor)

Yorkshire and Humber Tobacco Control Network (UK) says e-cigs “substantially less hazardous than smoking”, urges quit smoking services to adopt “e-cigarette friendly” approach.

FDA Deeming Ban

White House OMB/OIRA posts Nov. 30 meeting handouts by Smokefree Pennsylvania’s Bill Godshall that delineate hundreds of false claims about vapor products by Obama’s DHHS, expose how FDA Deeming Regulation protects cigarettes, threatens lives and creates huge black markets by banning >99.9% of nicotine vapor products.

Excerpts of February 26 US House Appropriations Agriculture Subcommittee hearing on FDA budget proposal regarding FDA’s Deeming Regulation (that protects cigarettes by banning >99.9% of nicotine vapor products and many OTP)

RegWatch’s Brent Stafford: No more casualties – vaping becomes ‘collateral damage’ in War on Smoking (details how FDA deeming reg bans nearly all nicotine vapor products, and highlights Not Blowing Smoke and Stefan Didak)

FDA to give $1,000,000 to the IOM purportedly "to conduct an in-depth evaluation of available evidence of health effects from e-cigarettes and recommendations for future federally funded research."

Note that FDA contracted the IOM in 2011 to purportedly evaluate scientific evidence on MRTPs, when the IOM Committee followed FDA CTP director Lawrence Deyton’s instructions to ignore scientific evidence that smokeless tobacco products are far less harmful than cigarettes, rubber stamped FDA's default policy that "all tobacco products are as harmful as cigarettes", recommended what evolved into FDA's MRTP Guidance requiring smokeless tobacco companies to spend millions of dollars and obtain FDA permission before truthfully claiming smokeless tobacco is less harmful than cigarettes.

Deceitful Gallup Push Poll (that failed to ethically inform participants that FDA’s Deeming Regulation would ban >99.9% of nicotine vapor products, but no cigarettes) finds duped Americans support regulating vapor products the same as cigarettes, finds 33% inaccurately believe vapor products are as harmful as cigarettes

LA Times editorial deceptively urges FDA to protect cigarettes by imposing Deeming Regulation that would ban >99.9% of lifesaving nicotine vapor products

DHHS Lobbying To Protect NRT

- Obama’s DHHS Lobbies to Protect Big Pharma NRT from Vapor and Tobacco Products

CDC issues Prevention Status Reports nearly the same as Big Pharma funded ALA’s Tobacco Report Card and CTFK’s Broken Promises propaganda, criticize state laws and lobby state legislatures to:
- spend more money for anti-THR propaganda and ineffective Big Pharma treatments
- ban smoking (and vaping) in 100% of workplaces
- tax cigarettes more than $2/pack (and tax vapor products and OTP at the same rate)

CDC tobacco free hawks Big Pharma nicotine products (that are derived from tobacco)
to smokers on Facebook, posts comment policy allowing CDC to remove any comment
“that CDC Tobacco Free deems inappropriate” (i.e. those with facts about vaping)

CDC’s Brian King falsely claims nicotine causes brain damage in adults and teens to scare public and lobby for laws to increase minimum age for sales of lifesaving vapor products, deadly cigarettes and low risk OTP (but not Big Pharma’s NRT) to 21 years.

US SG Murthy protects cigarettes by lying about lifesaving vapor products at Legacy liesinitiative event to lobby for FDA’s cigarette protecting Deeming Regulation that bans sales of >99.9% of nicotine vapor products to adult vapers and smokers.

Mike Fillon recycles JNCI article falsely claiming vapor products are gateways to cigarettes for teens (despite no evidence any nonsmoker has become a daily nicotine vaper), quotes false derogatory claims by federally funded anti-vaping activists

Techtimes article makes false fearmongering claims about flavored vapor products and teens, touts NIH funded Yale anti-vaping activist Suchitra Krishnan-Sarin and her junk science to demonize vaping and lobby for FDA’s deeming ban

NIH funded study’s February 12 press release by AAAS falsely touts inapplicable cell and mouse studies on vaping as applying to humans


Florida jury finds Philip Morris liable for $350,000 to widow of smoker

Manhattan co-op resident wins $120K in lawsuit over secondhand smoke infiltration

Plaintiffs attorneys file another appeal on frivolous class action lawsuit against NJOY


EU agrees to further protect cigarettes by taxing lifesaving vapor products at same rate as cigarettes (after protecting cigarettes via the EU TPD regulations on vapor products)

E-cigarette tax sets scene for EU lobbying war

EU plan to raise duty on e-cigarettes act of folly, says UKIP MEP Louis Bours

SFATA’s Cynthia Cabrera interviews ATR’s Grover Norquist on Vaping Taxes

Utah Smoke-Free Association urges vapers to oppose bill (HB 333) to tax vapor products

86.5% tax on e-cigs vaporized by lawmakers on Utah committee

Grover Norquist hammers Utah legislator for demanding massive e-cig tax

Maryland bill to impose 30% tax on vapor products and ban vaping not even supported by sponsor at MD House Committee hearing

CASAA asks West Virginia vapers to urge House Finance Cmte to oppose bill (SB 420) to impose $.075/ml tax on e-liquid (and increase cigarette tax by $1/pack, and increase OTP tax from 7% to 11%)

West Virginia House Finance Cmte soundly defeats bill (SB 420) that would have taxed e-liquid at $.075/ml, raised cigarette tax to $1.55/pack, and raised OTP tax to 11%

CASAA asks Alaska vapers to oppose bill (HB 304) that would impose 100% tax on vapor products

Louisiana House approves $.22/pack cigarette tax increase (to $1.08/pack)

Ontario announces $.30/pack cigarette tax hike

Missouri anti tobacco groups denounce ballot initiatives to increase cigarette tax


During special session, California Assembly protects cigarettes by enacting bills (SBX2-5 & SBX2-6) that ban vaping in workplaces, increase minimum age for sale of lifesaving vapor products (and tobacco) to 21, deceitfully redefine vapor products as tobacco and smokefree vaping as smoking

SFATA urges CA legislature to vote no on bill to redefine vapor products as tobacco

CASAA urges California vapers to tell Gov. Brown to reject bill to define and regulate vapor products as tobacco.

Sacramento Bee, LA Times, SF Chronicle editorials urge legislature to protect cigarettes and threaten public health by banning vaping, equate lifesaving vaping with deadly smoking

San Francisco Board of Supervisors increases minimum age for sale of lifesaving vapor products, deadly cigarettes and lower risk OTP from 18 to 21.

Indiana E-liquid Monopoly Law

Vaping firms say industry in peril in state unless lawmakers act

Liberation Vape: What's going to happen to Liberation Vape in Indiana on July 1st? "They're gonna have to come take me away in handcuffs!"

Hoosier Vapers: Stop the monopoly in Indiana

Justin Kirby – Hoosier call-out: Your vaping community and businesses are in trouble

Internet Vapor Sales Ban

Op/ed by Washington Secretary of Health, Big Pharma financed ACS and WA Medical Association protects cigarettes by repeating false fearmongering claims about vaping to lobby for bill (HB 1645) to ban Internet vapor sales, and other unwarranted restrictions.

Vapor Retail Restriction

Erie County (NY) executive Mark Poloncarz (who protected Big Pharma and cigarettes by banning vaping in workplaces in 2014) joins forces with Big Pharma again to propose banning sales of lifesaving vapor products and tobacco products in pharmacies.

Minimum Age Laws

Massachusetts Legislature’s Joint Committee on Public Health approves bill (S 2152) to increase the minimum age for sale of lifesaving vapor products, deadly cigarettes and lower risk OTP to 21 years, referred to Senate Cmte on Ways and Means

Utah House Cmte rejects bill (HB 157) that would have raised the minimum age for sales of lifesaving vapor products, deadly cigarettes and lower risk OTP from 19 to 21 years.

CASAA urges Connecticut vapers to oppose bill (SB 290) that would increase minimum age for sales of vapor products (and cigarettes and OTP) from 18 to 21

CT Senator touts bill to increase minimum age for sale of lifesaving vapor products to 21 as bill to prevent cigarette smoking.

Christopher Snowden: Mad versus madder (ridicules SmokeFree Tasmania’s claim that tobacco industry is behind Health Minister’s proposal to raise minimum age for cigarette sales to 25 years).

Vaping Bans

US DOT disingenuously and deceitfully redefines “smoking” as including the use of smokefree vapor products in order to ban vaping on airlines (except for vaporizers marketed by Big Pharma, which crony capitalists at DOT exempted), issues Final Rule.

US DOT’s Final Rule justifies banning vaping on airlines by deceitfully claiming the agency can redefine “smoking” to include any activity it wants to ban.!documentDetail;D=DOT-OST-2011-0044-1076
On page 14, DOT correctly noted “Smokefree Pennsylvania stated that the Department falsely alleged that using an e-cigarette is the same as smoking.” Then on page 19, DOT claimed "While Section 41706 does not define 'smoking," nothing in the text of section 41706 suggests that the definition of "smoking" should be limited to the combustion of traditional tobacco products."

DOT Proposed Rule to ban vaping on airlines is at!documentDetail;D=DOT-OST-2011-0044-0003

News articles tout Obama’s DOT airline vaping ban, grossly exaggerate negligible risks of vapor aerosol to further confuse, scare and discourage smokers from switching.

US Senator Dick Durbin (D-IL) protects cigarettes by deceitfully calling vapor aerosol “poisons and toxic air”, praises vaping ban on airlines

Maryland bill to ban vaping and impose 30% tax on vapor products not even supported by sponsor at MD House Committee hearing

Welsh government may protect cigarettes by banning use of lifesaving vapor products

Vaping faces an attack in the Florida legislature; bill (HB 1143) would ban vaping everywhere smoking is banned,14828

Cigarette protecting Wheeling-Ohio County (WV) law that allows smoking in casino, but bans vaping in nearly every workplace and many outdoor locations, to take effect.

Mason County (WV) Board of Health begins updating Clean Indoor Air Act (that will likely ban vaping under the false guise of banning smoking, just as many other WV County Boards of Health have done with support and funds from WV Health Dept)

Legacy liesinitiative to give $10,000 to intolerant prohibitionists at colleges to lobby to ban lifesaving vaping, very low risk smokeless tobacco use, and smoking outdoors

French Health Authority absurdly claims vaping should be banned in workplaces to prevent renormalization of smoking (after vaping has denormalized smoking)

Smoking Bans

Cambodia Council of Ministers bans smoking in workplaces and public places

Virginia Senate approves bill (HB 1348) to ban smoking in cars with children under 8

Smokeless Tobacco Bans

Ron Borges: Ballpark tobacco ban is tough on chew (exposes extremism and hypocrisy of banning adults from using smokeless tobacco at pro baseball stadia)

Intolerant Toronto City councillor wants to ban use of low risk smokeless tobacco at all city sports facilities, including Blue Jays baseball stadium


Nerudia – E-liquid labelling: TPD information requirements in the UK

Nerudia’s Peter Becket: TPD notification – the areas that aren’t so clear


German court rules that e-liquids are tobacco products

UK Bans Lobbying with Government $$

Christopher Snowden: The anti sockpuppet clause (on UK government banning UK grant recipients from using funds to lobby, which was banned decades ago in the US but has greatly expanded as many DHHS grants were used to lobby for 2009 Tobacco Control Act, FDA’s proposed e-cigarette deeming ban, and many state and local vaping bans)

Charities that used UK government funds to lobby criticize tobacco industry and Christopher Snowden for new law banning charities from lobbying with taxpayer money

Quebec Flavoring Ban

Imperial Tobacco sues to challenge Quebec’s Bill 44 that bans tobacco flavorings and advertising, bans smoking outdoors and regulates vapor products

Australian Plain Packaging Law

Australian Health Dept issues report that excluded key cigarette sales and usage data to claim plain packaging law reduced smoking rate

JTI criticizes Australian government report on plain packaging law

Prohibitionists praise Australian plain packaging law report

Dick Puddlecote: Prominent Aussie tobacco control researcher admits plain packaging is a failure

Dick Puddlecote: The success that dare not speak its name

Battery Safety

The risks in hoverboards and other lithium-ion gadgets

THR Research

UK study finds almost 900,000 Brits tried vaping to quit smoking in 2014, and that 16,000 to 22,000 of them quit smoking.

Study by Enthalpy Analytical and PSU researchers finds vastly different amounts of
aerosols and aldehydes produced by different vapor products set at different power levels

Vaping emits less formaldehyde than previously alleged

BAT study finds formaldehyde exposure from 3 e-cigarettes well below WHO indoor air quality standard

Studies show potential lower carcinogens in e-cig products

Medical Daily’s Ed Cara misrepresents scientific evidence on formaldehyde and vaping to confuse and scare, and to smear BAT

BAT issues Science & Technology Report 2015 (on THR science)$file/batsciencereport2015.pdf?openelement

Swedish studies by Anna Hedstrom find cigarette smoking increases risk for Multiple Sclerosis (MS) by 50% (with dose response relationship), exposure to secondhand smoke increases risks for MS, but using smokeless tobacco for >15 years decreases risk for Multiple Sclerosis.

Someone is tracking how much you ‘vape’ on twitter

Phillips and Burstyn departure from CASAA

THR Censorship, Conflicts of Interest & Hypocrisy

Dick Puddlecote: McKee and more on that 95% conspiracy theory

Addiction publishes false accusation by Jim McCambridge (who falsely claims to have no conflicts of interest) that tobacco companies have been engaging in scientific misconduct on vapor products, to smear everyone affiliated with tobacco industry research as having “conflicts of interest” to advocate more censorship of research.

Neil McKeganey and Christopher Russell respond to Jim McCambridge’s McCarthyist tactics to smear and censor vapor researchers

Carl Phillips: A give and take on censoring e-cig research that gets almost everything wrong

Carl Phillips – Newsflash: Tobacco companies are incredibly timid

Mike Siegel – The problem with undisclosed conflicts of interest in tobacco control: How it works and why we are so hypocritical

Junk science, propaganda and lies

Broadcaster issues retraction after falsely linking e-cigarette study with Big Tobacco (but retraction occurred 3 months after CBC was notified of its false claim)

Hong Kong Council on Smoking and Health press release protects cigarettes by calling for a total ban on all vapor products by absurdly claiming e-cigs emit 1,000,000 times more PAHs than are in Hong Kong air.

Konstantinos Farsalinos: Hong Kong biology professor cannot understand the difference between mLs of e-liquid and mLs of breathing air

California TRDRP funded activist researchers at UC Riverside absurdly claim 3rd hand smoke may cause diabetes in humans (based upon inapplicable study on mice), fearmongering press release generates fearmongering news stories

Montana Health Dept. protects cigarettes by lying about lifesaving vapor products

Eric Bowman demonizes nicotine (and all other drugs) in tabloid article citing expert report rating nicotine as less addictive and harmful than many other drugs

Pharmacy Times article recycles false fearmongering claim about vaping risks

- Bill Godshall

Godshall THR update 2016-03-07