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Bill Godshall Update 2016-06-14

Tobacco Harm Reduction Update - June 14th, 2016

Public Health Surveillance, Vaping / Smoking Research, Ethical vs Unethical Behaviors, THR Education / Advocacy, FDA Vapor Deeming Ban, Smokeless Tobacco Demonization and Prohibition, FDA’s Congressionally Mandated Graphic Cigarette Pack Warnings, Menthol, US DOT, Obamacare, TPP - Plain Cigarette Packaging, Plain Packaging For E-cigs, Vaping Business, Taxation, Tobacco / Vapor Retailer Restriction / Ban, Minimum Age Laws, Vaping Bans, EU TPD, UK MHRA, UN / WHO, More Junk Science - Propaganda - Lies.

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Public Health Surveillance

CDC’s 2015 YRBS survey of US high school students found record declines in cigarette smoking and tobacco use (to all new record lows), found:
- past-30-day cigarette smoking declined from 15.7% in 2013 to 10.8% in 2015,
- frequent cigarette smoking declined from 5.6% in 2013 to 3.4% in 2015,
- daily cigarette smoking declined from 4.0% in 2013 to 2.3% in 2015,
- past-30-day use of cigars declined from 12.6% in 2013 to 10.3% in 2015,
- past-30-day use of smokeless tobacco declined from 8.8% in 2013 to 7.3% in 2015,
- past-30-day overall tobacco use declined from 24.0% in 2013 to 18.5% in 2015,
- past-30-day use of e-cigarettes was reported by 24% in 2015 (no data in 2013), and
- 12.5% used an e-cig in past-30-days (but no cigarettes, cigars or smokeless) in 2015.

But CDC responds to excellent news by demonizing vaping and victimizing teens yet again to defend FDA’s Vapor Deeming Ban “However, it’s troubling to see that students are engaging in new risk behaviors, such as using e-cigarettes,” said CDC Director Tom Frieden. “We must continue to invest in programs that help reduce all forms of tobacco use, including e-cigarettes, among youth.”

Clive Bates: How not to be duped by gateway effect claims (excellent graphs delineate CDC YRBS data on cigarette smoking by US high school students during past 25 years)

Mike Siegel: CDC data reveal drastic decline in youth smoking, blowing e-cigarette gateway hypothesis out of the water

ACSH’s Ruth Kava: Teen smoking is down – Due to e-cigarettes?

Big Pharma funded CTFK and Legacy lies initiative respond to historic decline in teen smoking by attacking vapor products yet again (which were responsible for most of the decline in teen smoking), conflate lifesaving vapor products with deadly cigarettes, praise FDA’s vapor deeming ban (while refusing to admit that it bans the products)

News media repeat CDC’s and other THR opponents’ propaganda demonizing vaping when reporting that US teen cigarette smoking rates fell to new record lows in 2015

CDC’s Brian King inaccurately credits smokefree laws and cigarette tax hikes (very few of which were enacted in recent years) and CDC ads for last year’s record annual US decline in cigarette smoking, demonizes lifesaving vapor products and nicotine, falsely insinuates that all vapor products (especially those used by teens) contain nicotine.

CDC releases more 2014 NHIS data on e-cig use by adults, but still hasn’t released any 2015 NHIS data for e-cig use (despite issuing 2015 NHIS data for cigarette smoking); repeats false claims about vaping (including that they don’t help smokers quit smoking)

Vaping / Smoking Research

Italian study finds 61% of vapers (i.e. those who inhaled 50 or more vapor puffs per week) were cigarette abstinent after 24 months

PMI study finds smokers who switched to carbon-heated tobacco product for 5 days experienced similar changes in all biomarkers of exposure to HPHCs as smokers who quit smoking for 5 days

Study finds chronic tobacco smoking poses more health risks than chronic cannabis smoking

Ethical vs Unethical Behaviors

Francesca Gino: Why do people forget dishonest actions?

THR Education / Advocacy

Global Forum on Nicotine, June 17-18 in Warsaw sold out

Healthcare Gazette: Smoke and Mirrors – Seeing through the clouded tobacco debate
(South African THR advocates Derek Yach and David Abrams debunk false claims by THR prohibitionists and propagandists Yussuff Saloojee and Charles Parry) (pages 22-27)

Karryl: When someone says “for the children”.…….. what does it really mean?

SFATA’s Top 10 Vapor Facts: Demystifying Misconceptions About the Vapor Industry

Ohio Gov. Kasich signs medical marijuana legislation that allows vaping (but not smoking) because vaping poses far fewer risks than smoking; note that four states have enacted medical marijuana laws that allow vaping but not smoking (NY, NJ, PA, OH)

New Zealand Vaping Alliance urges government to legalize lifesaving vapor products'could-help-people-quit'

New Zealand Listener editorial and public health physician Murray Laugesen advocate legalizing lifesaving vapor products in NZ

FDA Vapor Deeming Ban

US Senate Homeland Security and Governmental Affairs Committee Chair Ron Johnson (R-WI) sends second letter to FDA reiterating request for information about Deeming Regulation and its potential consequences.

SFATA’s Cynthia Cabrera speaks to US Sen. Ron Johnson (R-WI) regarding his request for information from FDA about its vapor deeming ban

Nicopure Labs to file motion for summary judgement (in case against FDA) by June 24

Protective order issued for Nicopure vs FDA

Nicopure vs FDA: Joint motion for entry of protective order

Docket for Nicopure vs FDA, May 12 - June 7, 2016

FDA faces lawsuits from cigar manufacturers on new regulations

Miami cigar company joins Altria in suing FDA

Berenberg’s excellent US Tobacco report details how the 2009 Tobacco Control Act and FDA’s 2016 Vapor Deeming Ban protect cigarettes (and large cigarette companies) from market competition by far less harmful smokeless tobacco and vapor product alternatives: “The recent move by the FDA to regulate cigars and the vaping segment will, in our opinion, mean that introducing new innovations to the US market will be costly and time consuming. As such the introduction of a “disruptive” product to the US cigarette market is even less likely than before.”
“In effect, the need to have vaping products approved – including all flavours – is likely to mean there will be significant consolidation of the market around the major players since the costs and the required level of record-keeping are likely to be too much for the smaller ones. It will clearly substantially reduce new product development in this sector for many years to come.”

PA vape shop owner, AVA’s Greg Conley delineate how FDA rule will destroy industry, advocate Cole-Sanford amendment approved by House Appropriations Cmte.

Brad Rodu: FDA Deeming Rule Threatens Vapers’ Options and Health

Jeff Stier: American Docs Need to Learn from Royal College of Physicians

Kaliegh Rogers: How e-cigarette regulations might push vapers back to smoking

Mike Siegel – The Last Straw: Anti-Tobacco Groups are Actively Promoting Smoking

Big Pharma funded American Cancer Society sends letters-to-editors urging US Senators to reject Cole-Sanford amendment in House Agriculture Approps bill (that would keep vapor products legal for adults) by falsely claiming FDA’s vapor deeming ban protects public health, repeatedly referring to vapers and vape shop owners as “the tobacco industry”, and by deceitfully conflating lifesaving vapor products with deadly cigarettes

Big Pharma/FDA funded American Heart Association’s Aruni Bhatnagar keeps demonizing vaping, nicotine and the vaping industry, grossly misrepresents the evidence on vaping (just as AHA has done since 2009 when it first urged FDA to ban them) to promote FDA’s vapor deeming ban

Big Pharma funded AAP’s Pediatrics publishes yet another study and op/ed demonizing e-cigarette and tobacco exposures to youth (even though Big Pharma drugs still cause 1,000 times more childhood poisonings, and even though detergent pods cause 25 times more childhood poisonings)

Full frontal with Samantha Bee: Big Tobacco vs. Little Vape (parody mocking vapers for quitting smoking)

FDA’s Li-Lu Chean claims “There is no known safe tobacco product.” to deceive public to believe low risk vapor and smokeless tobacco products are as harmful as cigarettes, urges public to report defective vapor products to FDA.

Note that in 2009, FDA spokesperson Rita Chapelle said the following about e-cigarettes
“We don’t want the public to perceive them as a safer alternative to cigarettes.”

FDA encourages tobacco controllers, vapers and smokers to report “suspected tobacco product problems” with vapor and tobacco products so agency can take actions against manufacturers.

FDA/NIDA funded study published by CDC finds vape shop operators know far more accurate information about vaping than Obama’s DHHS. But the authors falsely claim vaping’s “health risks and benefits are not yet well established”, “evidence that ENDS use leads to cessation is inconclusive,” “Vape shop owners have misinformation about components used in e-liquids,” “The FDA recognizes the important role of tobacco product retailers, and created a website devoted to educating them on current regulations on tobacco products,” and “Interventions should focus on providing them with current information on benefits and risks of ENDS.”

FDA targets 4,402 websites for “unlawful internet sales of illegal prescription medicines during International Operation Pangea IX” lead by INTERPOL
(Note that FDA might similarly enforce its ban on lifesaving vapor products, which the agency would similarly spin as being done to protect consumers’ health and safety).

Another group of FDA funded junk scientists (from USC) falsely claim their study (whose analysis excluded all baseline smokers to prevent comparison with nonsmokers, and whose study falsely classified anyone who ever inhaled “even one puff” of vapor or smoke as an “e-cig user” or a “smoker”) found e-cigs are gateways to cigarettes; Big Pharma funded AAP’s Pediatrics publishes and touts anti vaping propaganda as scientific evidence in embargoed press release; news headlines repeat false claim as factual

Mike Siegel: New Pediatrics study provides absolutely no evidence that e-cigarettes are a gateway to smoking

FDA/NCI funded Stan Glantz accuses White House of racism for not letting FDA ban flavored e-cigs, cigars and pipe tobacco in November, absurdly claims it “will lead to thousands more preventable tobacco-related deaths among African Americans and will lead thousands more youth and young adults to become addicted to flavored e-cigarettes, cigars, little cigars, hookah, and other newly deemed tobacco products.”

Vapor prohibitionists at Tobacco Control Legal Center bemoan White House for striking down FDA’s November flavoring ban for vapor products

Legacy lies initiative trains and pays tobacco control activists to lobby Congress to demonize vaping and OTP, promote Legacy’s abstinence-only anti-THR policy agenda

FDA testing of cigars: What does it mean, What will it cost?

Robins Air Force Base Health and Wellness Center Flight Chief Stuart Bapties preaches abstinence-only, falsely conflates risks of all tobacco products with those of cigarettes, falsely conflates risks of 2nd hand smoke exposure to those of active cigarette smoking, touts free Big Pharma drugs and counseling for smoking cessation.

Smokeless Tobacco Demonization and Prohibition

Carl Phillips: Understanding ecig politics all comes back to snus

US Rep. Frank Pallone (D-NJ) and American Cancer Society misrepresent very low risks of smokeless tobacco products (that pose no risks to nonusers) to again lobby Major League Baseball to ban its use by adults purportedly to protect the children

US Air Force Times article falsely claims “smokeless tobacco is just as harmful as smoking,” AF Surgeon General Mark Ediger demonizes smokeless tobacco, falsely conflates risks with those of cigarettes.

FDA’s Congressionally Mandated Graphic Cigarette Pack Warnings

NCI/FDA funded study finds color graphic cigarette warnings prompt quit attempts

Big Pharma financed CTFK’s Matt Myers, who lobbied Sen. Kennedy to reject Sen. Enzi’s amendment to the TCA in 2007 to require color graphic cigarette warnings by claiming it was a “Trojan Horse Poison Pill amendment”, now urges FDA to impose them (after Myers lobbied FDA to ban lifesaving vapor products since 2009)

FDA funded Stan Glantz, who urged FDA to impose the most gruesome color graphic warnings on cigarette packs (the same reason they were struck down as unconstitutional) urges FDA to impose new warnings (after Glantz lobbied FDA to ban lifesaving e-cigs)

Two news reporters inappropriately blame tobacco companies for FDA’s sabotaging of Congressionally mandated warnings (when FDA approved unconstitutional warnings that were subsequently struck down for that very same reason in Federal Court)

ACSH’s Lila Albassi: Ewww … Gross! But Pics on Cigarette Packs are Effective


FDA attempt at prohibiting menthol flavoring part of long campaign


Lawsuit against DOT ban on e-cigs in airplanes takes flight

CEI/CASAA vs DOT lawsuit is at


Phil Galewitz: Smokers’ ranks look sparse in Obamacare; finds punitive 50% premium surcharge allowance for any tobacco user has resulted in just 7% of ACA enrollees paying the surcharge (i.e. truthfully informing their healthcare insurer they use tobacco)

TPP - Plain Cigarette Packaging

Former DNC chair Don Fowler lobbies US Congress to approve TPP by falsely claiming unconstitutional plain cigarette packaging laws reduce smoking, praising WHO’s intolerant WNTD, and absurdly claiming “Let’s continue to listen to the public health experts, like the Surgeon General and American Cancer Society” even though both have lied about very low risk smokeless tobacco products for three decades, and about very low risk lifesaving vapor products during the Obama administration.

Plain Packaging For E-cigs

Bloomberg funded International Union Against Tuberculosis and Lung Disease unethically calls for plain packaging laws for lifesaving vapor products (to prevent smokers from switching and to scare the public to believe vaping is as harmful as cigarettes), falsely claims plain packaging for cigarettes reduces smoking (despite no evidence) and lobbies for those laws too.

Vaping Business

Vapor Expo International to be held in Rosemont, IL on June 15-16, 2016

Vapor Litigation
Florida judge grants motion to dismiss complaint over exploding vaporizer


WV House and Senate pass bill (SB 1012) promoted by Gov. Tomblin to tax e-liquid at $.075/ml (i.e. $2.25 per 30ml bottle), increase the cigarette tax by $.65/pack (from $.55 to $1.20), increase OTP tax from 7% to 12%.

CASAA urges PA vapers to oppose Gov. Wolf’s proposed 40% tax on vapor products

PA vape shop owner Marc Conn urges PA legislators to reject Gov. Wolf’s proposed vapor tax

Melissa Vonder Haar: Missouri’s dueling tobacco tax iniatives

Gary Wood: Hey vapers the tax man is coming (regarding US Sen. Richard Durbin’s bill that would tax lifesaving vapor products at the same rate as deadly cigarettes)

Tobacco / Vapor Retailer Restriction / Ban

California Senate approves bill (SB 1400) that would ban retailers from selling tobacco and vapor products unless retailer generates >60% of its gross revenues from tobacco, vapor or tobacco paraphernalia, which would ban sales at vast majority of retail stores

NATO’s Thomas Briant – Battling California’s c-store tobacco ban; proposed bill would affect 11,540 convenience stores

Minimum Age Laws

Albany County (NY) Council passes ordinance increasing minimum age for sale of lifesaving vapor products, deadly cigarettes and low risk OTP to 21

California workplace vaping ban and minimum age law of 21 for vapor and tobacco products go into effect

Vaping Bans

Press of Atlantic City (NJ) editorial: Legislators still attack vaping as evidence of its usefulness mounts

Canadian vaping businesses worried about new regulations (>500 vape shops are in Canada despite Health Canada’s 2008 claim that the sale of nicotine e-cigs is banned)

Newfoundland Labrador (CA) to protect cigarettes by banning vaping in workplaces,
Health Minister John Haggie falsely claims “We simply don’t know what’s in them. And you’re substituting one form of inhalation for another.”

Tobacco controller Kevin Coady absurdly claims Newfoundland’s workplace vaping ban (including in vape shops) isn’t meant to punish smokers or vape shop owners, but instead is meant to protect the health of children


Blu launches EU TPD retailer guide

Nerudia: Does your TPD advisor have experience of taking their own e-liquids through TPD?


Who thinks what about e-cigarette regulation? A content analysis of UK newspapers (in 2013/14 when MHRA imposed vapor product ban, that was rendered moot by EU TPD)


WHO representative to war ravaged Syria falsely claims “shisha smoking is 20 times more dangerous than cigarette smoking,” urges Syrian health authorities to impose ineffective plain packaging cigarette law; Syrian Deputy Health Minister says current crises cannot be an excuse for not discouraging tobacco use.

Robert Fisk: The UN has failed to protect Syrians from war and hunger. Now it’s telling them to stop smoking

More Junk Science, Propaganda and Lies

Clive Bates: Professor Glantz makes an irresponsible and baseless claim about vaping risks

American Physiological Society demonizes vaping, touts fear mongering junk science, issues a Call for Papers that demonize vaping and misrepresent the evidence.

American Physiological Society publishes irrelevant cell study that demonizes vaping and confuses/scares readers, hides full text behind paywall

US DOJ funded study by VCU researcher of a THC containing e-liquid product claims to find significantly lower THC and cannabidial levels than labeled, but VCU news article touts fearmongering claims by those same researchers about vaping nicotine, THC and other substances (questioning their scientific objectivity)

Study done by same US DOJ funded VCU researchers (as above) of 27 e-liquid products sold in US finds nicotine levels ranged from 45% to 131% of labeled concentration with 18 of 27 having >10% variance (but authors inaccurately claimed the products ranged from 6-22mg of nicotine per liter), finds 26 of 27 products contained generally correct glycol levels as labeled.


- Bill Godshall

Godshall THR update 2016-06-14