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Bill Godshall Update 2016-07-21

Tobacco Harm Reduction Update - July 21st, 2016

THR Research, Surveillance and Education, FDA Vapor Deeming Ban, ObamaCare, CDC Tobacco Control Budget, US Presidential Election, Business, Vapor Prohibition, Litigation, Cigarette Economics, Taxation, Vaping Bans, Minimum Age Laws / Retail Regulations, State Tobacco Control Budgets, Junk Science - Propaganda - Lies.


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THR Research, Surveillance and Education

Public Health France’s Tabac Info Service says vaping is effective for quitting smoking, reducing disease risks for smokers

Public Health England urges employers to not ban vaping at workplaces

A Billion Lives North American premiere at Pabst Theatre in Milwaukee on Aug 6

E-cigarettes to be allowed on National Health Service grounds (UK)

Brad Rodu: UK e-cigarette perceptions more accurate than US

Kevin Fenton – E-cigarettes: maximizing benefit, minimizing harm

Lisa Damour: Myths about teenagers and risk taking

FDA/NCI funded Neal Benowitz and Andrea Burbank study on vaping and heart disease concludes “While people with established CVD might incur some increased risk from e-cigarette use, the risk is certainly much less than that of smoking. If e-cigarettes can be substituted completely for conventional cigarettes, the harms from smoking would be substantially reduced and there would likely be a substantial net benefit for cardiovascular health.” Authors also endorse vaping when FDA approved tobacco dependence drugs have failed or are not tolerated.

NIDA funded study finds e-cigarettes could cut smoking-related deaths by 21 percent

Vaping helps public health, study finds

E-cigarettes may help more than they hurt

Qualitative study on e-cigarettes shows more evidence of tobacco harm reduction

Ann McNeill ethically urges doctors to encouraging cigarette smokers to switch to vaping

Brad Rodu: Is snus safer than dip or chew? Health effects of all are close to zero

Ken Warner analyzes 2014 US teen cigarette and e-cig survey data, refutes CDC’s widely publicized fear mongering claims that e-cigs have addicted lots of nonsmoking teens and are gateways to cigarettes

Spreadsheet lists all e-cigarette research and commentary in Web of Science published from 2008 to the end of 2015, sorted by funding agency (scroll to right, row highlighted in yellow). Thanks to Amelia Ruby for sharing.

Fontem Ventures study finds e-cigarette use reduces exposure to harmful chemicals similar to smoking cessation

eCigOne develops list of 183 e-cig battery explosions, analyzes data, issues warnings

Harry Shapiro: Evidence, Accountablility and Transparency: impression from the Third Global Forum on Nicotine Conference in Warsaw 16th to 18th June 2016

American Institute for Research: Smoking levels among students at historic low (MTF)

Regulating Pleasure: National Center for Public Policy Research sponsors a debate with consumers, public health and policy experts at London’s Royal Society of Medicine
When Setting Regulatory Policy, How Do We Protect Health and Consumer Freedom to Pursue Pleasure?

FDA Vapor Deeming Ban

US Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson demands further answers from FDA on E-Cigarette Regulations

Senator seeks answers from FDA on e-cigarette regulations

Larry Faircloth files lawsuit challenging FDA vapor deeming ban

3 Alabama vapor companies file lawsuit challenging FDA vapor deeming ban

Cigar Association of America (CAA), Cigar Rights of America (CRA) and International Premium Cigar and Pipe Retailers Association (IPCPR) have a filed a lawsuit in the federal district court in Washington, D.C. challenging FDA’s Deeming Regulation

Cigar Associations File Suit Against FDA’s ‘Unlawful’ Deeming Rule

Nicopure Labs Files Motion for Summary Judgment Against FDA over Deeming Rule

Nicopure v FDA: Nicopure Labs, LLC’s Motion for Summary Judgment, July 8, 2016

Nicopure v FDA: Memorandum of Points and Authorities in Support of Nicopure Labs, LLC’s Motion for Summary Judgment July 8, 2016

Nicopure v FDA: Declaration of Jeff Stamler, July 8, 2016

NATO’s Thomas Briant: Lawsuits Proliferate Against FDA ‘Deeming’ Regulations

FDA issues revised Guidance for industry "Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments" to include newly deemed
vapor products, cigars, pipe tobacco and OTP

FDA hosts live Q & A: How can my business comply with New Deeming Rule?
But then fails to make webinar available for those who couldn’t/didn’t view it live.

Altria comments to FDA urge many changes in Deeming Rule for MRTP application processes for vapor products, says Deeming Rule differs from TCA requirements

Mike Siegel: Altria urges changes in FDA e-cigarette regulations that would decrease the its share of vaping market and help save many smaller manufacturers

Altria urges FDA to loosen planned e-cig regulation for public health benefit

Mike Siegel: FDA botched cost-benefit analysis of its e-cigarette deeming regulations

FDA Deeming Regulation’s Final Regulatory Impact Analysis, Final Regulatory Flexibility Analysis, Unfunded Mandates Reform Act Analysis

Samantha Aller: How to defend your company where it’s most vulnerable
Assessing the effects of deeming

The long road to tobacco regulatory ‘deeming’

DHHS funded e-cigarette prohibitionist attorney Micah Berman responds to Adler et al; falsely claims “But the way the TCA was written, the FDA had no choice as to whether or not to include the premarket review requirement – under the law, that provision would take effect automatically if the FDA issued a deeming rule” as FDA’s proposed deeming regulation included an option to exempt premium cigars from PMTAs; naively claims “I am not aware of any tobacco industry comments that were supportive of FDA regulation of e-cigarettes” after Altria, Reynolds and Lorillard submitting supportive comments.

Jonathan Adler: ‘Baptists, Bootleggers & Electronic Cigarettes’: A Response to Professor Berman

Mike Siegel: New FDA Regulations on Vaping Products a Failure

Jeff Stier’s experience meeting with the OMB about the FDA deeming regs

Could Miami cigar industry go up in smoke?

How a little-known FDA ruling could cripple the cigar industry

Cigar retailer: New FDA rules are ‘nuclear bomb’ for industry

JAMA article falsely touts FDA’s cigarette protecting vapor deeming ban as beneficial for public health, DHHS funded Nancy Rigotti and Jonathan Foulds (who have advocated FDA’s vapor deeming ban since 2011) now express concerns about vapor prohibition (that vapers and THR advocates have informed Rigotti and Foulds about since 2009).

CDC issues yet another report that falsely classifies no-nicotine vaping as “tobacco use”, deceitfully conflates the use of lifesaving vapor products and low risk OTP with lethal cigarette smoking, conflates occasional use with daily use.

Brad Rodu: Harm Reduction Caused Smoking to Drop 10% in One Year; Why Isn’t the CDC Cheering

DHHS funded activists who instructed and assisted teens to buy vapor products online (which is banned in NC) write another article touting actions, FDA vapor deeming ban

FDA requests nominations for a nonvoting industry member of FDA’s anti-THR policy committee called TPSAC


ObamaCare’s surcharge for tobacco users (not just smokers) may have backfired

CDC Tobacco Control Budget

US House Appropriations Cmte votes to reduce CDC tobacco control budget from $210 million to $100 million (after CDC lied about vaping, nicotine, flavorings, OTP, etc.); Big Pharma shill CTFK’s Matt Myers complains

US Presidential Election

GOP VP candidate Mike Pence signed into law Indiana’s e-liquid Monopoly law (HB 1432) on May 5, 2015 (after thousands of vapers and hundreds of vapor companies pleaded with him to veto because it created an monopoly for one company that doesn’t even make e-liquid, banned >99% of e-liquid products, and destroyed vape shops in IN)

GOP VP candidate Mike Pence voted against the Tobacco Control Act in 2009 (that was negotiated and lobbied for by Altria and Big Pharma funded CTFK, Pinney Associates, ACS, AHA, ALA, AMA, AAP, etc. from 2004-2009 to protect Marlboro cigarettes and Big Pharma tobacco cessation drugs from market competition by banning all new low risk smokefree tobacco alternatives (and now vapor products via the deeming rule) not already on the market by February 15, 2007.

GOP VP candidate Mike Pence compared health risks of cigarettes to candy in 1997


Philip Morris International reports 4.8% cigarette shipment volume decline in 2Q16, with biggest decline in Japan

Swedish Match looks to becoming a smoke-free tobacco company

Vapor Prohibition

Aotearoa Vape Community Advocacy issues “Bill of Consumer Rights for Vapers in New Zealand”

Singapore fines three people a total of $28,500 for selling vaporizers online


Smoker’s widow awarded $1.5 million in Engle Trial, PM USA found partially liable

Indiana Attorney General Greg Zoeller defends state’s e-liquid monopoly law (singed by Mike Pence), state ATC against vaping product plaintiffs

Delaware man sues battery manufacturer LG Chem America and Delaware Vapor after battery explodes

Cigarette Economics

Leighton Ku – Up in smoke: We’ll spend billions tomorrow for not helping poor people quit smoking today (cites huge costs of treating smoking diseases, but touts ineffective Big Pharma drugs and counseling for quitting smoking, fails to even mention vaping)


Pennsylvania legislature enacts, Gov. Wolf signs budget bill (HB 1198) that increases cigarette tax from $1.60 to $2.60/pack, imposes a 40% tax on lifesaving vapor products, imposes a $.55/ounce tax on low risk smokeless tobacco and high risk smoking tobacco, but keeps PA one of two states without a cigar tax. Cigarette tax goes into effect 8/1/16, e-cigarette and smokeless tobacco taxes go into effect 10/1/16, smoking tobacco/RYO tax goes into effect 12/1/16. (pages 51-68)

‘Sorry about the death’: Should Pa. Balance its budget off smokers trying to quit?

PA Vape shops, tobacco users, downloaders hit with taxes

PA cigarette tax will be nation’s 10th highest, Philly cigarette tax to increase to $4.60/pack; Big Pharma financed CTFK’s Matt Myers touts public health benefits
of cigarette tax hike, but fails to acknowledge the 40% vapor tax he lobbied for threatens the health of all vapers and all smokers.

Cigar tax avoided in Pennsylvania again

Pa. Cigars still tax-free

Altria spends $10.8 million, Reynolds spends $6.2 million to oppose California tobacco and vapor tax ballot initiative, tax proponents have raised $18.5 million so far

Missouri Secretary of State Kander will OK tobacco tax for ballot if signatures verified

Colorado group collecting signatures for ballot initiative that would increase cigarette tax from $.84 to $2.59/pack, increase OTP tax from 40% to 62%, may tax vapor products; obtains 70,000 signatures, needs 92,000 approved signatures to be placed on ballot.

Vaping Bans

Bill Godshall: Allegheny County Health Dept. and BOH scorn vapers and evidence, push vaping ban (delineates egregious actions by ACHD and BOH at July 13 BOH meeting).

Allegheny County Board of Health ignores scientific evidence and hundreds of letters and e-mails from vapers, refuses multiple requests to hold a Public Hearing, fails to acknowledge ALA lobbyist was given a copy of regulation before the BOH discussed or made it public, approves workplace vaping ban (that exempts vape shops and places where smoking is allowed, but that is likely preempted by the PA Clean Indoor Air Act)
and a vaping ban for food service workers
for 30-day Public Comment Period ending August 17, and for likely approval at September 14 BOH Board meeting (since ACHD and the BOH ignored >500 comments from vapers and a dozen from Smokefree Pennsylvania during the past two months).

ACHD protects cigarettes by posting false and misleading anti-vaping propaganda

Allegheny County Health Board OKs proposed restrictions on e-cigarettes

Greek Health Ministry protects cigarettes by proposing workplace vaping ban, conflating lifesaving vaping with deadly smoking

Greek vapers fight bill equating them with tobacco smokers

NJ Gov. Chris Christie signs bill banning vaping and smoking on state owned parks and beaches, but vetoes ban on vaping and smoking on local government property

Orange County (CA) Register editorial: Legislature more dangerous than smoking

California lawmakers propose tobacco, e-cig ban for government parks

At Michigan State, tobacco (and vapor) prohibition nears

Cambria County (PA) Conservation and Recreation Authority and PA Health Dept to post “tobacco-free zone” signs on rural trails to demonize tobacco and bully users, signs deceitfully claim goal is to protect children from 2nd hand smoke.

West Lafayette (IN) bans use of vapor and smokeless tobacco products at parks under deceitful guise of protecting people from 2nd hand smoke.

Bangor (ME) considers banning smoking (and perhaps vaping) in parks

Minimum Age Laws / Retail Regulations

UCSF’s Stan Glantz now praises minimum age 21 laws if they include low risk OTP and lifesaving vapor products, after Glantz opposed raising the minimum age for cigarette sales during the 1990’s (when PA law prohibited cigarette sales to anyone under 21, which was repealed in 2002 due to lobbying by a coalition that included Big Tobacco and Big Pharma financed CTFK, ACS, AHA, ALA),

Pittsfield (MA) increase minimum age for tobacco and vapor sales to 21, limits number of tobacco retail permits at current number (prohibiting new tobacco or vapor retailers)

Ann Arbor (MI) City Council advances bill to increase minimum age for sale of tobacco and vapor products to 21, which may violate state law, public hearing and possible vote on August 4.

State Tobacco Control Budgets

Arkansas lawmakers prepare to defund state’s $1.8 million smoking hotline (that instructs smokers to use ineffective Big Pharma drugs and counseling)

Junk Science, Propaganda and Lies

Simon Gandevia: We need to talk about the bad science being funded (describes some of the junk science tactics Obama’s DHHS has funded in it unscientific War on Vaping)

Philippe Poirson: When federal science is muffling harm reduction by vaping (Swiss)

Swiss junk vaping study authors criticize Philippe Poirson for debunking their junk study

Scientific American article correctly says vaping is far less harmful than smoking cigarettes, but falsely claims vaping is as harmful as inhaling 2nd hand smoke everyday.

Big Pharma and FDA financed American Heart Association’s Aruni Bhatnager falsely claims vaping may cause heart disease by citing totally irrelevant findings (that heart disease mortality risk for cigarette smoking is nonlinear), then claims (based upon no evidence in study) “e-cigarettes cannot be recommended as a safer alternative to smoking cigarettes,” urges FDA to mandate even more unwarranted vapor product regulations.

Note that in 2014, AHA’s Aruni Bhatnager falsely claimed e-cigs are gateways to cigarettes, are renormalizing smoking, urged FDA to ban vapor products

FDA funded Stan Glantz misrepresents yet another study’s findings to falsely claim
vaping is almost as harmful as cigarette smoking

Mike Siegel: Eating cornflakes is half as dangerous as smoking, according to reasoning of anti-vaping researchers

USA Today headline and article repeats false fear mongering claims by FDA funded USC activists (who deceitfully classified all no-nicotine vapers as “tobacco users” to falsely claim vaping has increased teen tobacco use)

Stan Glantz hypes junk study from USC (that classified all no-nicotine vapers as tobacco users)

Consumer Reports puts out more anti-vaping propaganda, misrepresents findings by FDA/NCI funded USC activists and Pediatrics claiming e-cigs are gateways to cigarettes

DHHS funded THR opponents Adam Goldstein and Clare Meernik unethically urge doctors to discourage smokers from switching to lifesaving vapor products, advocate FDA vapor deeming ban

Clive Bates comments on article by Meernik/Goldstein in Annals of Family Medicine and PubMed urging physicians to NOT recommend vapor products to cigarette smokers

Mike Siegel: Physician recommends against quitting smoking for smokers who do not want to use NRT or cessation drugs; hides conflict of interest

Survey finds 213 of 238 Niagra region teens who reported “ever use” of e-cigarettes in 2013/14 had only used them “once” or “a few times,” but authors labeled all of them as “e-cigarette users” to grossly skew findings to confuse and scare readers.

CMAJ editor and vapor prohibitionist Matthew Stanbrook further misrepresents Niagra teen e-cig study to confuse and scare, falsely claims e-cigs are gateways to cigarettes

CMAJ press releases grossly misrepresent Niagra teen e-cig survey findings to confuse, scare and lobby for more cigarette protecting anti-vapor and anti-vaping laws

News headlines and articles repeat false fear mongering claims by CMAJ and authors of Niagra teen e-cig survey to confuse and scare

Mike Siegel: Groundbreaking research find that are cool and new appeal to kids

22nd Century Cigarette Company touts WHO’s and DHHS funded activists’ inhumane recommendation to mandate more harmful low nicotine cigarettes

Legacy lies initiative lies about cigars
"As highly harmful combustible tobacco products, little cigars, cigarillos and other cigar tobacco products should be taxed at the highest rate."

- Bill Godshall
Godshall THR update 2016-07-21