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Bill Godshall Update 2016-05-25

Tobacco Harm Reduction Update - May 25th, 2016


Public Health Surveillance, THR Education, Research, Research, US DOT, Litigation, Taxation, Flavoring Ban, Vaping Bans, Smokeless Tobacco Ban, Minimum Age, Anti THR Funding, EU TPD, EU TPD / UK, More Plain Packaging, Canada, Australia, NZ, WHO, Junk Science - Propaganda - Lies.

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Public Health Surveillance

CDC NHIS finds US adult cigarette smoking rate declined from 24.7% in 1997 to 16.8% in 2014 to record low 15.1% in 2015 (i.e. 37 million)
(see page 55)

New Reuters/IPSIS poll of US adults (conducted April 19 - May 16) finds:
- 10.0% of US adults (i.e. 24.5 million of 245 million) currently use e-cigarettes or a personal nicotine vaporizer (including 12.8% of men, 7.4% of women, 15.1% of 18-34 year olds, 13.1% of 35-49 year olds, 6.3% of 50-59 year olds, 3.6% of 60 years or older)
- 30% of US adult e-cigarette users no longer smoke cigarettes,
- 62% of US adult e-cigarette users currently smoke cigarettes,
- 8% of US adult e-cigarette users never smoked cigarettes,
- Increasingly more adults inaccurately believe false fear mongering claims about vaping,
- 47% of US adults (38% in 2015) inaccurately believe e-cigs are as harmful as cigarettes,
- 43% of US adults (39% in 2015) inaccurately believe e-cigs don’t help smokers quit,
- 49% of US adults (42% in 2015) inaccurately believe e-cig aerosol is as harmful as 2nd hand cigarette smoke, and
- 66% of US adults (61% in 2015) believe e-cigs are addictive (despite no evidence).

Note that Reuters/IPSIS poll found 7.6% of US adults reported using e-cigarettes
and also found 4.1% of US adults reported using a personal nicotine vaporizer
for a combined 10.0% of US adults who use e-cigarettes or personal nicotine vaporizers.
But it is not known if the poll findings about current e-cigarette users cited at
included just e-cigarette users, or also included users of personal nicotine vaporizers.

New ASH UK survey of UK adults finds:
- 47% of UK’s 2.8 million vapers (1.3 million) have stopped smoking cigarettes
- 51% of UK’s 2.8 million vapers (1.4 million) still smoke cigarettes
- 56% of vapers had previously tried to quit smoking with patches, gums and/or lozenges
- Increasingly more adults inaccurately believe false fear mongering claims about vaping
- Only 15% of UK adults know e-cigs are a “lot less harmful” than smoking
- Only 8% of UK adults know nicotine poses none or very small of smoking’s many risks
- 25% of UK adults inaccurately believe e-cigarettes are as or more harmful than smoking

Study finds 45% of Greek healthcare professionals inaccurately believe vapor products are as addictive as cigarettes, 24% inaccurately believe vaping is as harmful as cigarette smoking, and 40% would unethically NOT recommend vaping to patients who smoke who have been unwilling or unable to quit smoking with Big Pharma drugs

THR Education

CRUK: 10 common questions about e-cigarettes answered (by Andy McEwen, executive director of UK National Centre for Smoking Cessation and Training)

BBC Horizon – E-cigarettes: Miracle or Menace? (Michael Mosley’s BBC documentary on vapor products, and his failure to get hooked after vaping daily for a month)

Michael Mosley on e-cigarettes

Global Forum on Nicotine to be held in Warsaw June 17 & 18, 2016
(with European Premiere of A Billion Lives to be shown June 16)


Study finds smokers who used a nicotine inhaler and nicotine patches were twice as likely to quit smoking as smokers using a placebo inhaler and nicotine patches.

Brad Rodu: The robust public health case for tobacco harm reduction

FDA Deeming Ban

US Senate Committee on Homeland Security and Governmental Affairs Chairman Ron Johnson (R-WI) sends letter to FDA Commissioner Robert Califf asking important questions about FDA’s cigarette protecting ban on lifesaving vapor products

17 Senate Democrats applaud Obama’s FDA for banning vapor products, deceitfully conflate lifesaving vapor products with addictive and deadly cigarettes, falsely claim cigarette protecting deeming rule protects public health and children, lie about flavorings, falsely accuse companies of target marketing vapor products to youth.
Richard Blumenthal (D-CT), Barbara Boxer (D-CA), Sherrod Brown (D-OH), Richard Durbin (D-IL), Dianne Feinstein (D-CA), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Patrick Leahy (D-VT), Edward Markey (D-MA), Jeff Merkley (D-OR), Jack Reed (D-RI), Brian Schatz (D-HI), Charles Schumer (D-NY), Tom Udall (D-NM), Elizabeth Warren (D-MA), and Sheldon Whitehouse (D-RI)

Guy Bentley: Anti e-cig Dems took hundreds of thousands from Big Pharma

After lobbying for and praising FDA’s cigarette protecting vapor product ban, US Senator Charles Schumer (D-NY) further demonizes e-cigs, calls for another federal investigation of e-cig batteries (but not of exploding lap top and cell phone batteries)

Lost Arts Liquids files lawsuit against FDA vapor deeming ban (the 2nd lawsuit filed)

Guy Bentley: E-liquid business takes on FDA in legal battle to halt deeming regs

Melissa Vonder Haar: Debunking FDA’s ‘Deeming’ Claims

Jared Myer: How the new e-cig rules hurt Americans

Guy Bentley: FDA announces rule to ban 99 percent of e-cigarettes

Eric Boehm – Nanny state of the week: FDA’s illogical attack on e-cigarettes

Mike Siegel: FDA is defending deeming regulations from well placed criticism by lying

Sean Avery – FDA regulations and zero nicotine e-juice: Clearing the confusion

Guy Bentley: FDA lives in ‘alternative universe’ when it comes to e-cigarettes

Philadelphia Inquirer editorial criticizes FDA’s ban on lifesaving vapor products
Why such a negative view of vaping?

Rich Duprey: The FDA’s electronic cigarette rules are here - - and they’re terrible
The regulatory agency’s new regulations will effectively destroy the vaping market.

Kaleigh Rogers: This is what the future of vaping looks like

Guy Bentley – Exclusive: Twitter censors critic of FDA’s e-cigarette crackdown

FDA makes webinars for tobacco and vapor manufacturers and retailers about its cigarette protecting deeming regulation, to answer select questions at May 25 webinar

White Cloud to host free webinar on FDA vapor deeming regulation with Dimitrus Agrafiotis of Mountain Oak Vapors on May 26 at 2PM eastern time

White Cloud free webinar on FDA vapor deeming regulation with Mike Siegel (May 9)

Vapor Technology Association (VTA) issues Deeming Regulation Compliance Calendar

Vapor Technology Association (VTA): Vape & FDA: Understand it. Manage it.
June 7 & 8, Washington, DC

Latham & Watkins: FDA to regulate e-cigarettes, cigars and other tobacco products

TMA to host conference on FDA deeming rule and its impact June 9 in Leesburg, VA

Heartland Daily Podcast – Cynthia Cabrera: The FDA’s War on E-cigarettes and Vaping

Southland vape shop owners vow to fight FDA ruling (IL)

FDA regulations smoke out local vape shop owners (TX)

Opponents of FDA regulations say new rules choke e-cig, vape industry (NC)

NW Arkansas Democrat-Gazette repeats FDA false fear mongering claims about vaping (Godshall comments)

Steve Jackson: Understanding the FDA’s Final Ruling Deeming Vapor Products as Tobacco and What to Do Now

Mike Siegel: Why is the American Cancer Society lying to its members about the e-cigarette regulations?

AEMSA hires FGA group to halt/delay FDA vapor deeming ban

Halfwheel Guide to FDA’s Regulation of Cigars

Tom Purcell: Premium handmade cigars go up in smoke?


US DOT bans vapor products from checked baggage on airlines (but doesn’t ban vapor products from carry-on luggage or from being carried by passengers)

CE & CASAA petition DC Federal Circuit Court to reject US DOT vaping ban in airlines


Tony Gwynn’s family sues Altria and UST claiming smokeless tobacco use caused Gwynn’s death (despite no medical or epidemiological evidence), AP reporter does no fact checking about risks of smokeless tobacco use.

NY Times sports editors claim (in headline) that Tony Gwynn’s death was caused by smokeless tobacco (despite no medical or epidemiological evidence)

Please note Brad Rodu’s July 9, 2014 article “Dishonoring Tony Gwynn”

Florida jury hold Reynolds accountable with $6 million in compensatory damages and $12 million in punitive damages in case involving lung cancer death.

Florida jury imposes $11.5 million verdict against Reynolds in smokers death

Vaper injured by exploding e-cig battery sues vape shops in CA


West Virginia Senate approves bill 17-16 on party line vote to increase cigarette tax from $.45 to $1/pack, increase OTP tax from 7% to 12% and tax e-liquid at $.07 per milliliter (i.e. $2.10 tax on a 30 ml bottle of e-liquid); sent to House. Note that Reynolds has been lobbying to tax e-liquid by the ml to protect its cigarettes and Vuse from competition

At the Capitol: Special session but no budget (WV)

Oklahoma House rejects bill (HB 3210) to increase cigarette tax from $1.03 to $2.53/pack, Democrats oppose measure

Tom Steyer funded supporters of California ballot initiative to increase CA cigarette tax by $2/pack, increase OTP tax accordingly, as well tax lifesaving vapor products submit
petitions with a million signatures to CA Secretary of State to get ballot access.

SFATA-California to oppose ballot initiative to tax vapor products as tobacco

Missouri judge strikes down tobacco tax ballot initiative sponsored by tobacco industry

Slovenia’s Finance Minister Vranicar Erman says government will tax lifesaving vapor products at the same rate as deadly cigarettes to prevent smokers from switching.
“This is above all about preventing users from switching from conventional cigarettes to e-cigarettes because of lower duties on such products, and about the wish to clearly regulate them duty-wise,” Vranicar Erman was quoted as saying.’s Anna Edney urges states to protect cigarettes and kill smokers by taxing lifesaving e-cigs

Minnesota healthcare groups criticize tobacco and vapor tax bill

Flavoring Ban

NJ Senate Health Committee protects cigarettes (again) by passing bill to ban sales of lifesaving flavored vapor products

Vaping Bans

Vaping now banned where smoking is banned in Hungary

Decatur (GA) City Commissioners ban vaping where smoking is banned

R Street’s Steven Greenhut: California’s vaping law puts puritanism before public health

Whatcom County (WA) considers banning vaping where smoking is banned

Wales Public Health bill won’t include a vaping ban (that was rejected in last vote)

Smokeless Tobacco Ban

MN bill (HF 4008) introduced to ban smokeless tobacco use at basaball stadia in MN

CTFK and Pittsburgh Post Gazette reporter Elizabeth Bloom promote smokeless tobacco usage ban by grossly exaggerating its negligible disease risks, failing to acknowledge that many smokers have quit smoking by switching to smokeless

Minimum Age

Illinois Senate approves bill (SB 3011) to increase minimum age for sale of lifesaving vapor products, deadly cigarettes and lower risk OTP to 21.

Chautauqua County (NY) legislature increases minimum age for sales of lifesaving vapor products, deadly cigarettes and less harmful OTP to 21; County exec signs into law.

Chris Churchill: In Albany County (NY), choice goes up in smoke

Portland ME doctor pushes cigarette bait-and-switch to push ordinance that increases minimum age for sales of lifesaving vapor products and low risk OTP to age 21

Anti THR Funding

Michael Bloomberg says he gave $600 million to support smoking cessation in past 6 years, but much of that money was spent demonizing and lobbying to ban lifesaving e-cigs and smokeless tobacco products that have helped millions of smokers quit smoking


EU TPD goes into effect

EC press release: 10 key changes for tobacco products sold in the EU

EC “E-cigarettes Myth Buster” insults vapers and demonizes vaping to defend irrational EU TPD rules on e-cigarettes

Only 11 of 28 EU nations meet TPD deadline

Clive Bates: No surrender! The fight against harmful, incompetent and pointless European law goes on

Fontham Venture’s Marc Michelson: Regulators should encourage vaping, not fight it

Chris Snowdon: How the EU’s Tobacco Products Directive has pushed e-cigarettes into the dark

UK based vapor company shuts down because EU TPD bans sales of its e-liquid products

Shane Watson: the new Vaping etiquette

EC issues cigarette and cigalike e-cig protecting report demonizing open system vapor products, greatly exaggerates health and safety risks, fails to acknowledge any benefits (e.g. >95% less harmful than cigarettes, have helped several million smokers quit smoking, cost far less than cigarettes) when smokers switch to open system vaporizers

Nerudia: Toxicological requirements for TPD – not an exact science, yet.

Nerudia: Emissions testing – what is required?

European Medicines Agency removes warning on varenicline (Chantix/Champix) that drug’s side effects can include anxiety, depression and suicidal thoughts after Pfizer lobbyists lobby them with new Pfizer funded study claiming drug doesn’t pose risks.


UK High Court rejects cigarette industry challenge to plain packing law (despite no evidence plain packaging can reduce cigarette consumption or smoking)

BAT and JTI (but not PMI) to appeal plain packaging court ruling in UK

Plain Packaging: Here are six reactions to today’s High Court ruling on cigarette packets in the UK that will be introduced tomorrow

UK Standardized Packaging of Tobacco Products Regulations 2015 (in effect 5/20/2016) petition urges David Cameron and UK Parliament to block EU vapor rules

UK Lord Callanan tables motion to kill EU TPD vaping rules

British vapers unite behind Lord’s bid to throw out controversial EU e-cigarette laws

Its about to become illegal to advertise e-cigarettes

E-cigarettes – the fog and haze around the debate

As previously cited above, new ASH UK survey finds:
- 47% of UK’s 2.8 million vapers (1.3 million) have quit smoking cigarettes
- 51% of UK’s 2.8 million vapers (1.4 million) still smoke cigarettes
- 56% of vapers had previously tried to quit smoking with patches, gums and/or lozenges
- Increasingly more adults inaccurately believe false fear mongering claims about vaping
- Only 15% of UK adults know e-cigs are a “lot less harmful” than smoking
- Only 8% of UK adults know nicotine poses none or very small of smoking’s many risks
- 25% of UK adults inaccurately believe e-cigarettes are as or more harmful than smoking

But ASH UK throws vapers under the bus, issues press release with headline claiming, “New EU rules on nicotine strength not a problem for most vapers”

Clive Bates: Who cares about a few thousand dead? Defending EU limits on strength of nicotine e-liquids

New Nicotine Alliance: The needs of more than a quarter of a million people don’t matter, according to ASH

Fergus Mason: ASHes to ashes, trust to dust

David Dorn: There’s no fool like an old fool

Vapers in Power: ASH’s lack of concern for 200,000 vapers is staggering

More Plain Packaging

France imposes plain packaging cigarette law (despite no evidence of health benefits)

Many more nations enacting plain packaging cigarette laws (despite no evidence Australia’s 2012 law reduced cigarette consumption or smoking).


Vape Trails: Ontario’s e-cigarette industry says it’s only trying to help people quit smoking


Colin Mendelsohn: Our laws against e-cigarettes need to go up in smoke

Victory (Australia) government bill further protects cigarettes, prevents smokers from quitting by unethically conflating lifesaving vapor products with deadly cigarettes, banning vaping in all workplaces and many outdoor locations, and banning vapor product ads (under the deceitful guise of protecting children). It is already illegal to sell, supply, possess or use e-cigarettes that contain nicotine in Victoria


Maori women calling for easier access to e-cigarettes to help them quit


Vapor prohibitionist WHO director Margaret Chan claims her goal is to “make sure that the tobacco industry goes out of business,” even though cigarette companies have become massively wealthier thanks to WHO’s FCTC abstinence-only anti-THR policies. Chan also claims WHO will eliminate cigarette black markets (that WHO helped create).

Clive Bates: Who or what is the World Health Organization at war with?

Junk Science, Propaganda and Lies

Clive Bates: Are they nuts? The dysfunction and decadence of tobacco control in one chart

Lynn Kozlowski & David Abrams: Obsolete tobacco control themes can be hazardous to public health: the need for updating views on absolute product risks and harm reduction

Mike Siegel: American Lung Association disseminates negligent advice about vaping

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

Holliday, Kist and Bauld debunk anti vaping researchers’ fear mongering claims that e-cigs can cause cell damage and cancer, and that e-cigs are as harmful as cigarettes, expose actual findings of in vitro study in which cigarette smoke killed all cells long before e-cig aerosol caused any cell damage.

Clive Bates debunks anti-vaping activists’ unsubstantiated conclusion that “ECs pose a significant public health risk” based upon several incidents of exploding e-cig batteries

FDA funded Tom Eissenberg claims hookah can be more harmful than cigarette smoking

DHHS/Legacy funded Stan Glantz once again denies that snus has help hundreds of thousands of smokers quit smoking, criticizes Reynolds for not publishing study

Purported study by vaping opponents Spence & Stanbrook criticizes tobacco harm reduction advocates for using Twitter to provide accurate information about vapor products and to expose false fear mongering claims by vaping opponents

DHHS funded study finds reducing nicotine consumption by mice resulted in weight gain, but study authors claim these irrelevant findings “have important implications for nicotine reduction policy” and then falsely tell news media the mice didn’t gain weight.

Legacy lies initiative thanks Big Pharma funded CTFK for giving awards to teens for lying about THR products, urging lawmakers to tax and increase minimum age for sales

ASH’s Laurent Huber criticizes tobacco companies for profiting lucratively from the cigarette industry protecting anti-THR policies Huber has lobbied for the past 15 years.

UK Local Governments Association (LGA) falsely claims black market cigarettes contain 500 times more carcinogens than legal tax paid cigarettes, duped news media repeat absurd claim without any fact checking


- Bill Godshall

Godshall THR update 2016-05-25