twitter: @rolygate


Bill Godshall Update 2016-06-22

Tobacco Harm Reduction Update - June 22nd, 2016

FDA Vapor Deeming Ban, More FDA, CDC’s Brian King Flip Flops on cigarette tax hikes and smoking bans, Mandating More Harmful Low Nicotine Cigarettes, Global Vapor and Cigarette Markets, Vaping and Smoking Research, Vapor Education, DHHS Funded Junk Science And Propaganda, Cigarette Litigation, Trans Pacific Partnership (TPP) / Plain Packaging, Indiana’s Vapor Monopoly Law, Taxation, Flavoring Retail Restriction, Vaping Bans, Minimum Age Laws, More Vapor Prohibition - India / Australia / New Zealand, WHO, Junk Science - Propaganda - Lies.

Subscribe to THR Update email:
- send email to Bill Godshall with SUBSCRIBE as the subject:
billgodshall[AT]verizon[DOT]net [replace with @ and .net]


FDA Vapor Deeming Ban

11 US Vapor Trade Associations file lawsuit challenging FDA Vapor Deeming Ban

Keller and Heckman’s Azim Chowdury to present webinar "What to Expect from FDA's Deeming Regulation: E-Cigarettes and Cigars" on June 22 from 1-2 PM (today).

Keller and Heckman’s Azim Chowdury interviewed on lawsuit filed challenging Indiana vapor monopoly law and new vapor industry lawsuit challenging FDA deeming ban

Cigar trade groups plan lawsuit against FDA

FDA Vape rules Released, Now what? (AVA’s Greg Conley interviewed)

Harsh regulations have turned vapers into activists

Can e-cigarettes survive the war against vaping?

Local vape shops concerned new FDA rule will shut them down (Tennessee)

Mike Siegel: Why must the American Cancer Society continue to lie to the public? This time, they do so in coordinated fashion

Even more ACS letters-to-editors lie about Cole/Bishop amendment in a nationwide lobbying campaign targeting US Senators to preserve FDA’s cigarette protecting ban on the sale of lifesaving vapor products to adults.

FDA posts new website entitled “The Facts on the FDA’s New Tobacco Rule” that repeats many false claims about vaping and FDA’s Deeming Rule, beginning with Mitch Zeller’s “Under this new rule, we’re taking steps to protect Americans from the dangers of tobacco products” (as FDA’s Deeming Rule protects deadly cigarettes and large cigarette companies by banning lifesaving vapor products)

Op/ed by Allen Laman repeats FDA propaganda touting Vapor Deeming Rule, but acknowledges rule will devastate vapor products, manufacturers and vape shops; details disastrous impact of Indiana’s e-cig monopoly law that is set to go into effect in July

More FDA

FDA reissues June 8 press release urging vapers and tobacco users to file complaints with FDA claiming products are defective and/or cause health problems

FDA touts $36 million propaganda campaign to demonize very low risk smokeless tobacco products (even though cigarette smoking poses 100 times higher overall mortality risks and oral cancer risks than does smokeless tobacco use), which could prompt many smokeless tobacco users to switch to far more harmful cigarettes

FDA reinvites tobacco manufacturers to allow FDA to inspect their sites (after FDA did the same thing last year); indicating few if any manufacturers took FDA up on its offer

CDC’s Brian King Flip-Flops

- on cigarette tax hikes and smoking bans

CDC’s Brian King et al expose and complain that very few smokefree workplace laws and cigarette tax hikes were enacted from 2010-2014 when Obama’s DHHS (including CDC) spent most of its tobacco control resources advocating FDA’s unlawful e-cig ban from 2009-2011, advocating vaping bans in public places, and advocating FDA’s Deeming Rule since 2011 by demonizing very low risk vapor and smokefree tobacco products, nicotine, flavorings, occasional tobacco use, cigars and hookah.

But several weeks ago, CDC’s Brian King falsely attributed last year’s sharp decline in US adult cigarette smoking to newly enacted smokefree workplace laws, cigarette tax hikes and CDC advertisements: “Within the last year we’ve had a lot of progress at both the state, local, and federal level in terms of implementing smoke-free laws, raising the price of tobacco, and running hard-hitting mass-media campaigns,”

Note that CDC funded vaping prohibitionist ANR (which lobbied for smokefree workplace laws before 2010, but then began lobbying to ban vaping with Big Pharma funded ACS, AHA, ALA) claims 286 local vaping bans were enacted from 2009-2014

Big Pharma funded CTFK repeats CDC’s hypocritical criticism of smokefree workplace laws and cigarette tax hikes after CTFK spent most of 2010-2014 lobbying for FDA vapor product bans, smokeless tobacco use bans, and taxing very low risk vapor and OTP the same rate as deadly cigarettes by lying about vaping, nicotine, flavorings, occasional tobacco use, cigars, hookah, vapor companies and tobacco companies.

CDC issues Everyone Deserves a Smokefree Home that touts HUD’s proposed regulation to ban smoking (and likely vaping since HUD demonized vaping and asked for comments on banning vaping) in all public housing units, recommends resources that advocate vaping bans, and touts ineffective FDA approved drugs, text messages, apps and CDC ads (including an ad demonizing vaping) as effective for quitting smoking.

Mandating More Harmful Low Nicotine Cigarettes

22nd Century boasts that Obama’s CDC has called its very low nicotine Spectrum cigarettes an “important tool in clinical studies for investigating . . . the impact of reduced nicotine cigarettes on nicotine addiction…”

Global Vapor and Cigarette Markets

Euromonitor’s Shane MacGuill reports:
- $8 Billion (US) of vapor products were sold to 30 million vapers worldwide in 2015,
- $3.4 Billion of vapor products sold in US in 2015 (43% of world vapor market),
- tank systems and cigalikes each comprise about 50% of US vapor product sales,
- tank systems comprise 85% and cigalikes comprise 15% of vapor sales in rest of world,
- 2.1% worldwide cigarette volume decline from 2014 to 2015,
- 20.4% of adults in the world smoke,
- 2.4% cigarette volume decline in China from 2014 to 2015, and
- Chinese consume >45% of world’s cigarettes.

Vaping and Smoking Research

Study finds vaping may reduce cardiovascular disease risk among cigarette smokers; cigarette smoke but not electronic cigarette aerosol activates a stress response in human coronary artery endothelial cells

Marcus Munafo: Electronic cigarettes could have a huge effect on public health

Heartland: Study report health benefits from e-cigarette use

Jane Brody: No such thing as a healthy smoker

Long term study finds smokers attempt to quit 30 times before succeeding, not 5 to 7 times as previously claimed by so-called smoking cessation experts

Colorado DPHE survey finds teen cigarette smoking declined to record low 10% (as vaping has increased), finds marijuana use did NOT increase since CO voters approved legalization in 2012 (in sharp contrast to fear mongering claims by pot prohibitionists)

New research suggests e-cigarettes act as ‘roadblock’ to smoking among young people

New research shows e-cigarettes not a gateway for young people to take up smoking “For the third year in a row our research confirms young people are not using e-cigarettes if they’ve never smoked before.” ASH Wales executive director Suzanne Cass

Vapor Education

Healthy Living cover story “The Truth About Vaping” (objective article){"page":0,"issue_id":306860}

Aaron Biebert answers questions about A Billion Lives before European premier at the Global Forum on Nicotine in Warsaw

DHHS funded Junk Science And Propaganda

Brad Rodu – Phantom Gateway: Kids who ever try stuff are more likely to ever try other stuff (exposes how FDA funded UCS anti-vaping activists deceitfully biased their junk study to manufacture bogus news headlines claiming e-cigs are a gateway to cigarettes, which is similar to what other FDA funded junk scientists and universities have done).

Expert reaction to study on e-cigarettes and future cigarette use

Jacob Sullum: If vaping causes smoking, why are cigarettes less popular than ever with teenagers?

Guy Bentley: Doctors slam study linking e-cigarettes to teen smoking

Mike Siegel: Pediatrics “Gateway” article author hiding conflicts of interest with Big Pharma; Drug companies have gotten their money’s worth

Transcript for CDC telebriefing: YRBS (where CDC’s Brian King repeats fearmongering lies about nicotine and vaping, unethically conflates lifesaving vaping and very low risk smokeless tobacco with deadly cigarette smoking, preaches abstinence-only).

ABC NEWS touts USC junk study (funded by FDA) claiming e-cigs are gateways to cigarettes, quotes AAP’s Karen Wilson demonizing vaping without disclosing AAP’s funding by Big Pharma, but also quotes AVA’s Greg Conley and SFATA’s Cynthia Cabrera telling the truth about vaping and the junk study funded by FDA.

MedPage Today headline and article tout false claim about FDA funded USC junk study of “ever e-cig users” that falsely concluded e-cigs are gateway to cigarettes

NIDA funded Univ of Michigan MTF surveyors (who found record low cigarette smoking rates among 8th, 10th and 12th graders) inappropriately study “ever use” e-cig data (instead of “current use” data) to falsely conclude/claim that teens don’t vape to quit smoking or as a cigarette substitute.

Study found 9,945 vape shops in US in 2015 (a threefold increase from 2013), unsurprisingly found 2/3rds of 2,755 colleges in study had at least one vape shop within a three mile radius (as vape shops, like other businesses, locate where customers live), but authors conclude (based upon nothing presented in their study) “Regulations on the sale and advertisement of e-cigarettes to youth and young adults are critically needed.”

FDA/NCI funded activists mislead and scare news media about their study’s findings at
(that Zvi Herzig explains were likely due to nicotine in e-cig aerosol when exhaling via the nose, which is unlikely to cause harm) as fear mongering headline falsely claims “E-cigarettes ‘increase risk of infection by damaging hundreds of genes in immune system’

FDA funded THR denier Stan Glantz attacks RJ Reynolds for not publishing a clinical trial on snus (after Glantz lobbied journals to stop publishing tobacco industry research)

Cigarette Litigation

US Supreme Court puts end to Price/Miles Marlboro Lights class action; rejects plaintiffs appeal urging reinstatement of $10.1 billion verdict against Philip Morris USA

US Supreme Court sides with RJ Reynolds in EU’s tobacco conspiracy lawsuit

Trans Pacific Partnership (TPP) / Plain Packaging

US Sen. Orin Hatch (R-UT) says TPP doesn’t have the votes to pass because its tobacco carve-out has cost 13-16 votes in the House and 8 votes in the Senate. Note the TPP’s “tobacco carve out” to protect ineffective (and unconstitutional in the US) plain packaging laws was insisted upon by the Obama Administration and lobbied for by Big Pharma funded CTFK, ACS, AHA, ALA

8 US Senate Democrats (Warren, Whitehouse, Sanders, Boxer, Brown, Merkley, Blumenthal, Markey) issue report claiming none of the US Chamber of Commerce board members support the organization’s efforts to protect IP rights of tobacco companies; Chamber calls report a “partisan line of attack” that was “egregiously false” and recycled “old myths and tired talking points.”

NY Times article promotes worldwide adoption of Australia’s plain packaging law, falsely claims it reduced smoking, fails to acknowledge it violates US Constitution

Indiana’s Vapor Monopoly Law

E-cigarette players fume over favored security firm (investigative report on the Indiana legislature’s crony capitalism law that authorized one security company, for a huge fee, to determine which of the 100,000+ vapor products are allowed to be sold in the state)

Indiana vape law shuts down thousands of e-liquid markers out of industry


Chicago tobacco tax increase delayed due to lawsuit

Joshua Krane: Tobacco tax in unfair to vaping, bad for public health (California)

Sacramento Bee and other vaping prohibitionists demonize tobacco companies to promote referendum that taxes lifesaving vapor products at same rate as cigarettes.

CA vapor and tobacco tax proponents raise $1.1 million to promote ballot initiative

West Virginia hopes nicotine addicts will help fill budget deficit

Flavoring Retail Restriction

Lowell (MA) Board of Health protects cigarettes by banning retailers from selling flavored vapor products, smokeless tobacco products and cigars (but not menthol cigarettes) unless store generates at least 90% of revenue from tobacco or vapor sales;
also increased minimum age for sales of vapor and tobacco products to 21 years.

Vaping Bans

NY Assembly protects cigarettes by approving bill (A 5955) to ban vaping in workplaces

NY Senate adjourns without taking action on proposed workplace vaping ban, to return for next Regular Session in January 2017

Victoria (Australia) politicians consider bill to ban vaping in workplaces

Minimum Age Laws

Schenectedy (NY) County Legislature to hold July 5 public hearing to raise minimum age for sale of vapor products and tobacco products to 21
Portland (Maine) increases minimum age for vapor and tobacco product sales to 21

Guam Legislature votes to increase minimum age for sale of lifesaving vapor products, deadly cigarettes and low risk OTP to 21

More Vapor Prohibition

- India

Karnataka (India) Health Ministry protects cigarettes by banning lifesaving e-cigs
(third state in India to ban e-cig sales)

Despite ban, many e-commerce sites still selling e-cigarettes (India)

- Australia

Australian Competition and Consumer Commission (ACCC) protects cigarettes, falsely insinuates e-cigs are toxic and cause cancer (just as the US FDA did in 2009), sues two vapor companies claiming they made false statements on websites, claims tested vapor products contained toxic chemicals and carcinogens; refuses to admit that virtually all products (including foods) contain trace levels of toxins and carcinogens, that trace levels of toxins are nontoxic, and that trace levels of carcinogens don’t cause cancer.

2014/15 ACCC report demonizes vaping, vaguely states: “The testing showed that e-cigarettes may contain chemicals that are toxic.”

ACCC’s policy banning and demonizing vapor products and nicotine (as deadly cigarettes remain legal, and as the government promotes Big Pharma nicotine products)

Article on ACCC’s lawsuits against vapor companies repeats ACCC’s lies about vapor products and toxicology as factual, fails to point out that virtually all products (including foods) contains trace levels of toxins, but the products are NOT toxic to consume

Guardian news headline, Australian AP article falsely refer to unethical and inhumane e-cig prohibitionists as “health advocates”, tout ACCC lawsuits against vapor companies

Sidney Morning Herald article on ACCC lawsuits repeats false fearmongering claims about vapor products, but acknowledges that trace levels of toxins are nontoxic.

Daily Mail article on ACCC’s lawsuits fails to point out that virtually all products (including food) contain trace levels of carcinogens, but the products don’t cause cancer

- New Zealand

Big read: Switch to vaping (NZ)


WHO issues list of 50 essential products that help people with disabilities and health problems, but didn’t include lifesaving vapor products despite meeting WHO’s criteria and definitions, and even though hundreds of millions of lives are at stake.

After classifying coffee as a “likely carcinogen” since 1991, IARC now says “no evidence” drinking coffee is linked to cancer.

ACSH’s Hank Campbell: IARC reverses course on coffee, which should worry people who care about science

Junk Science, Propaganda and Lies

Vice reporter John Lott and Big Pharma financed CTFK push smokeless tobacco usage bans, demonize very low risk smokeless tobacco products (that have helped more than a million cigarette smokers quit smoking) even though cigarette smoking poses 100 times higher oral cancer risks and overall mortality risks than does smokeless tobacco use)">

Hallmark Channel invites JJ Livingston to repeat false fear mongering claims about lifesaving vapor products; claims e-cigs are as addictive as cocaine and heroin, claims tobacco companies market flavored e-cigs to kids, claims e-cigs are as harmful as cigarettes, claims e-cigs don’t help smokers quit, promotes FDA’s vapor ban.

Australian prohibitionist and propagandist Simon Chapman keeps repeats false claims about nicotine to confuse, scare, prevent smokers from quitting, and defend Australia’s inhumane bans on e-cigs and snus (while deadly cigarettes remain legal)

- Bill Godshall

Godshall THR update 2016-06-22