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Bill Godshall Update 2016-11-15

Tobacco Harm Reduction Update, November 15th, 2016

Public Health Surveillance, THR Education, Advocacy and Justice, THR Research, Cancer Risks and Communication, THR Business, US Election, US Election, Obama Still Using Nicotine, FDA, FTC, CDC, DOT, TPP, Taxation, Litigation, Vaping Bans, Minimum Age Laws, WHO FCTC COP-7, Graphic Cigarette Pack Warnings, Flavoring Bans, More Junk Science - Propaganda - Lies, Opioid / Marijuana THR.

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Public Health Surveillance

CDC reports huge decline in cigarette smoking from 2005-2015 (most of which occurred since vaping skyrocketed in 2010); but CDC fails to acknowledge vaping’s impact, while urging states to waste more money on abstinence-only anti-THR propaganda programs

Canadian survey finds cigarette smoking (among those 15 years and older) declined from 14.6% in 2013 to 13.0% in 2015; daily smoking declined from 10.8% to 9.3% (as increasingly more smokers switched to lifesaving vapor products)

Florida’s adult smoking rate drops to record low 15.8%, youth smoking rate drops from 11% in 2006 to record low 3% in 2015 as more smokers switch to vaping; but Health Dept again attacks vaping

Minnesota teen survey finds cigarette smoking rate among 11th graders plummets from 12.2% in 2013 to record low 8.4%, finds just 2% of teens vaped 20 or more days in past month; anti-tobacco/vaping extremists respond by attacking flavorings, vaping, cigars, smokeless tobacco and the tobacco industry.

THR Education, Advocacy and Justice

After demonizing vaping since 2009, NY Times front page article acknowledges:
- vaping is far less harmful than cigarette smoking,
- public health agencies in the US exaggerated vaping’s risks and denied its benefits,
- smoking rates have plummeted to record lows as smokers have switched to vaping, and
- regulating vapor as cigarettes has duped people to believe vaping is harmful as smoking

Jacob Sullum: The New York Times Highlights US Officials’ Irrational Hostility Toward E-Cigarettes

Are people dying because vaping is being demonized?

The Times (London) apologizes for claiming tobacco firms funded e-cigarette research
Five anti-smoking scientists could still sue newspaper over article saying they accepted cash from companies

The Times: Apology published November 4, 2016
“We recently published articles and a leader about scientists and public health experts and their alleged financial links with the tobacco industry (Tobacco giants fund vaping studies, Scientists wooed in charm offensive and Smoke in their eyes, October 12). The experts mentioned in our report, Professor David Nutt of Imperial College London, Professor David Sweanor of the Faculty of Law and Centre for Health Law, Policy & Ethics at the University of Ottawa, Professor Karl Fagerstrom who created the Fagerstrom Test for Cigarette Dependency, Professor Riccardo Polosa, Director of the Institute for Internal Medicine and Clinical Immunology at the University of Catania, and Clive Bates, former executive director of Action on Smoking and Health, are internationally respected for their longstanding global work to reduce smoking, and their work on the issue of nicotine harm reduction. Our report and a panel headed “Academics making a packet” implied that these experts had received funding for research into e-cigarettes. We accept that this was wrong and that their work has not been tainted by the influence of tobacco industry funding. We apologise for our errors and omissions and for the embarrassment caused.”

AVA billboard tells the truth about vaping

A Billion Lives at theatres across the US and worldwide

At FDLI conference, Iowa AG Tom Miller (board chair of vapor prohibitionist Legacy) delineates vaping’s enormous public health benefits and negligible risks; but claims no expertise of TCA or FDA vapor deeming ban, and praises FDA vapor prohibitionist Mitch Zeller, who (since 2003) has exaggerated risks and denied or downplayed benefits of all smokefree THR products, lobbied to ban sales of all new smokefree THR products, while praising NRT products sold by GSK (Zeller’s financier from 2002-2013).

Australian Dr. Michael Keane truthfully says “nicotine is not harmful”, urges government to legalize lifesaving vapor products

Oliver Kershaw: iQOS and HeatSticks – the full picture

Vaping health risk warning ‘alarmist nonsense’

Millennials think e-cigarettes are safer – Ohio State does not; DHHS funded vaping opponent Peter Shields absurdly claims "We have no idea where in the spectrum these are, in terms of safety. Are they like cigarettes, or nothing like cigarettes? Do they affect people the same if they've never smoked, or a lot worse? We need to figure this out."

THR research

Study finds 75% of Swedes who began using snus after they were smokers completely quit smoking, including 30% who subsequently quit all tobacco use; finds those who began daily tobacco use using snus were far less likely to subsequently take up smoking than those who had not, both among males (18% v 46%) and females (8% v 40%); finds snus was reported as the most common smoking cessation aid among men and yielded higher success rates than NRT and other alternatives.
Patterns of Smoking and Snus Use in Sweden: Implications for Public Health

BAT study finds Vype e-cigarette vapor does not induce genetic mutations associated with cigarette smoke exposure in lab-based tests

ACSH: Can electronic cigarettes cause cancer? (discusses BAT study cited above)

Oklahoma researcher Ted Wagener receives $3 million grant from NCI to study vaping’s impact on cigarette smokers (that may be first DHHS grant to study vaping’s benefits)

Report finds local councils in UK ignore Public Health England advice endorsing vaping in workplaces, 87% ban staff and visitors from vaping in council buildings.

Study estimates graphic warning labels on cigarettes (i.e. those required by Sen. Enzi’s 2007 amendment to TCA and mandated by US Congress in 2009, but unconstitituitonally implemented by Obama’s FDA in 2011) would reduce cigarette smoking by 5% in short term, and by 10% in long term.

Cancer Risks and Communication

Hank Campbell: Its time to stop using simplistic hazard classifications for carcinogen claims

CDC manufactures and hypes “Tobacco-Related Cancers” (i.e. 12 types of cancers that are caused by cigarette smoking, but include many cancers that aren’t caused by smoking or by other tobacco use), deceptively insinuates tobacco use causes 40% of all cancers and 343,347 cancer deaths annually in the US (even though ALL of CDC’s estimated 167,000 tobacco attributable cancer deaths were attributable to cigarette smoking); deceives public to believe low risk vapor (redefined as tobacco) and smokeless tobacco, and occasional cigar/pipe smoking pose similar cancer risks as deadly cigarette smoking.

News media hypes CDC’s intentionally deceptive tobacco-related cancer propaganda

Northern Ireland’s Public Health Agency truthfully says cigarette smoking (not tobacco use) causes 90% of lung cancers

THR Business

Report estimates and touts Big Pharma’s future profits from dying lung cancer victims that relies upon the world’s billion smokers continuing to smoke cigarettes instead of switching to very low risk vapor or smokeless tobacco products (just as Big Pharma’s 8 year War on Vaping was intended to protect smoking cessation drug sales/profits)

Reynolds expands sales of Vuse Vibe throughout US, with four different flavors, larger replaceable tank cartridges, longer lasting batteries

BAT to test tobacco e-cigarette ‘glo’ in Japan

Swedish Match expands sales of ZYN tobacco-free nicotine pouches in western US (that are defined as tobacco products by the TCA and FDA deeming regulation)

US Election

Grover Norquist wants vapers to save GOP

14 Obama regs Trump could undo (includes FDA’s Tobacco Deeming Regulation that would ban sales of all vapor products in US on August 8, 2018)

Mike Siegel: Is there a silver lining in a dark cloud? (Godshall comments)

Charlie Minato: What the election results mean for cigar smokers

Obama Still Using Nicotine

After allowing FDA to lie about and ban sales of lifesaving vapor products twice, President Obama tells Bill Maher he’s still “chewing the heck out” of Nicorette.


Totally Wicked vapor company to shut down US business in summer of 2018 (due to FDA’s deeming vapor sales ban)

Mike Siegel – E-Cigarette Companies: FDA Wants Smokers to Continue Smoking, But We Do Not; On the FDA's Decimation of the Vaping Industry

uBlaze Vapor’s Lucas Anderson: Congress must act soon to save vaping industry

National Association of Convenience Stores joins campaign to stop FDA’s vape ban, urges support for Cole/Bishop Amendment (to the Agricultural Appropriations bill) to keep lifesaving vapor products legal to sell to adults in the US

Nicopure v FDA: Vapor plaintiffs joint supplemental memorandum urges court to swiftly reject FDA’s assertion that nicotine free e-liquids are regulated tobacco products.

Nicopure v FDA: FDA submits supplemental memorandum arguing that Nicotine Free E-liquids (NFLs) are tobacco products

Chowdhury/Chaput: FDA’s December 31 establishment registration and product listing deadline is fast approaching – Are you prepared?

New FDA CTP webinar – Registration and Product Listing Requirements for Domestic Establishments (power point)

New FDA CTP webinar – FDA’s Import Operations: How FDA Regulates Imported Products (power point)

New FDA CTP webinar – Internet and Publication Surveillance

New FDA CTP webinar – Cigar Warnings and Warning Plan Develpment

All FDA CTP webinars are available at

FDA urges anti-vaping and anti-tobacco extremists to report safety concerns (that FDA created by confusing and scaring the public) about vapor and tobacco products to FDA

FDA’s Mitch Zeller touts agency’s scientific research (after FDA has misrepresented scientific evidence on vapor and smokeless tobacco products since 2009); FDA hypes PATH study being conducted by intolerant Rosswell Park vaping prohibitionist Andrew Hyland; FDA reissues chart falsely claiming all vaping is tobacco use and all vapers are tobacco users, reissues press release on letters sent to 55 retailers who sold deemed products to a minor

FDA boasts that FDA regulation costs 20% of all FDA regulated products

FDA withdraws direct final rule describing acceptance threshold for tobacco product applications (withdrawn rule)

Note: FDA CTP’s November 15/16 Risk Assessment workshop can be watched at (11/15) (11/16) (agenda)


FTC submits proposed regulation to White House OMB to require up to 15 largest vapor companies to report sales and marketing expenditures annually (even though FDA’s Deeming rule bans sales of all vapor products in the US on August 8, 2018); accepting public comments until Dec 2, 2016


CDC study touts low costs and huge benefits of government subsidized NRT, Chantix and Wellbutrin, but fails to provide any actual costs or benefits

CDC again touts Big Pharma funded ACS’ Great American Smokeout (despite no evidence the annual PR event reduces smoking), promotes Big Pharma cessation drugs

CDC vapor prohibitionist and propagandist Tom Frieden congratulates himself and CDC (not vaping) for the huge decline in cigarette smoking since 2010.


CE I/ CASAA v DOT: CEI / CASAA file reply brief points out the airline smoking ban was solely intended to ban smoking (not the use of lifesaving vapor products), criticizes DOT’s attempt to redefine smokefree vaping as smoking in order to ban vaping.


Anti-tobacco TPP is dead


Cigarette companies increase cigarette price by $.08/pack in US after voters increased CA cigarette tax by $2/pack.

CA voters approve 67% tax on lifesaving vapor products, increase cigarette tax $2/pack
CO, MO and ND voters reject cigarette tax increases, and ND voters reject vapor tax

CA voters approve $2/pack cigarette tax hike, and 67% tax on vapor products and OTP

NY Times article deceptively portrays 67% vapor tax in CA and FDA’s vapor ban as benefiting public health, repeats many false claims about vaping by Big Pharma funded ALA and by Obama DHHS funded Stan Glantz.

CO voters reject tobacco tax increase (Amendment 72)

ND voters reject tobacco tax hike and vapor product tax (Measure 4)

MO voters reject two proposals to increase the nation’s lowest cigarette tax ($.17/pack) after CTFK, ACS, AHA, ALA opposed both proposals

NPR article misrepresents why cigarette companies support a MO cigarette tax hike, and why Big Pharma funded CTFK, ACS, AHA, ALA oppose the tax hike.

‘Well-connected’ cigar industry spared in PA (as vapor industry is taxed at 40%)


$21.5 million verdict against RJ Reynolds in trial over vet’s lung cancer

US Judge dismisses lawsuit seeking to force R rating for movies showing smoking

Vaping Bans

E-cigarette use in public places: striking the right balance (Bauld, McNeill, Hajek, Britton, Dockrell argue against vaping bans because they provide no health benefit, deceive the public to believe vaping is as harmful as smoking, encourage vapers to switch back to cigarettes and discourage smokers from switching to vaping)

Allegheny County (PA) BOH unanimously votes (without discussion) to ban vaping in 99% of workplaces and public places

Allegheny County (PA) Council members mulling e-cigarette ban proposal

KQV Poll, November 7, 2016 “Should Allegheny County Council prohibit e-cigarettes and vaping in public places?” Internet Results No 67%/Yes 33% (15,126 votes); Phone Results No 73%/Yes 27% (2,051 votes)

New health bill introduced in Wales minus the vaping ban

San Bruno (CA) City Council bans smoking and lifesaving vaping in multi-unit dwellings

Manhattan (KS) vaping ban indoors and outdoors within 20 feet of doors

Louisville Health Dept falsely claims their survey found 58% support their proposed workplace vaping ban; except it wasn’t a survey, but rather more anti vaping propaganda lobbying for their vaping ban.

Kandiyohi County (MN) Commissioners to consider banning vaping in workplaces

Vaping prohibitionists grossly misrepresent scientific evidence to lobby for vaping bans

Minimum Age Laws

Washington DC Council increases minimum age for tobacco/vapor product sales to 21

Jackson County (MO) to increase minimum age for tobacco and vapor product sales to 21

St. Louis (MO) approves first reading of two bills to increase minimum age for tobacco and vapor product sales to 21


Clive Bates: WHO tobacco meeting – could the FCTC do something useful on vaping?

18 international experts urge Swedish government and FCTC COP-7 to recognize huge health benefits and low risk of snus for smokers; Snuff – sheer health success (Swedish)

Experts urge WHO to back harm-reduction strategies at COP7

Clive Bates & Sally Satel: Could changes to global tobacco treaty harm health?

Christopher Snowdon: E-cigarettes above Ebola? How the WHO lost the plot

WHO’s Margaret Chan claims concern about tobacco deaths, but promotes policy changes that have NOT reduced cigarette smoking (e.g. plain packaging) and made it far more difficult to reduce cigarette smoking (e.g. banning very low risk vapor and smokeless tobacco products, increasing taxes on smokeless tobacco products), praises vaping prohibitionist Michael Bloomberg for buying title as WHO global ambassador.

India Health Minister JP Nadda opens WHO FCTC COP-7 in heavily polluted Delhi by confusing deadly cigarettes with far less harmful vapor and smokeless tobacco products;
tobacco farmers locked out by WHO FCTC

AP reporter spins WHO FCTC COP-7 meeting as “good guys vs bad guys”, fails to mention FCTC policy goals that protect cigarettes and threaten a billion lives (i.e. banning vapor products and regulating smokeless tobacco the same as deadly cigarettes)

WHO FCA Policy Briefing on E-cigarettes acknowledges “divergent views”, recommends COP to “not engage in a lengthy debate on this topic”, urges COP to request “WHO to prepare an expert report for COP-8”.

WHO FCA Policy Briefing on Articles 9 and 10 of FCTC acknowledges that mandating very low nicotine levels in cigarettes poses “serious risks of unintended consequences”, wisely urges COP to defer action on regulation of addictiveness/nicotine.

UN announces new funding to implement FCTC policies, including extremist policies that protect cigarettes (e.g. vapor and smokeless tobacco sales/advertising/usage bans and taxes) and/or that do nothing to reduce cigarette smoking (e.g. plain packaging, demonizing tobacco companies, banning people from secret FCTC COP meetings)

WHO FCA praises the FCTC and its COP, falsely claims “the vast majority of (COP) Parties are full of good will and trying to do their best to combat a major public health problem.” (as most parties in COP are quit-or-die opponents of THR)

Vapers urge WHO to back safer products for smokers

Experts oppose any move to prohibit e-cigarette

WHO keeps demonizing, lying about and urging bans on lifesaving vapor products

WHO FCTC bans anyone affiliated with the tobacco industry (including state owned tobacco companies) from attending FCTC COP-7

Public, media to be kept at bay from WHO’s tobacco meet

FCTC: obsessive and paranoid secrecy at the UN’s WHO tobacco control meeting

Faith Goldy: Inside the UN’s anti-capitalist WHO tobacco conference in Delhi

Faith Goldy: All journalists kicked out of Delhi nanny state conference!

Faith Goldy: US journalist physically removed from UN conference in Delhi

Faith Golddy: UN bullies confirm conspiracy

Lauren Southern: UN e-cig agenda exposed

WHO FCA attacks tobacco growers in Malawi for exporting tobacco, tries to put them out of business (despite no evidence that doing so can reduce cigarette or tobacco use).

WHO FCTC COP-7 Secretariat feigns concern for tobacco growers during closing remarks (after COP imposed irrational policies to ban/reduce tobacco growing and prohibit tobacco growers from attending COP meetings).

WHO FCA COP Bulletin criticizes tobacco industry for opposing plain packaging tobacco laws (despite no evidence Australia’s 2012 law reduced smoking or cigarette consumption); falsely insinuates plain packaging laws reduce smoking and benefit health.

WHO FCA, ASH UK and CCS urge nations to mandate plain tobacco packaging despite no evidence Australia’s 2012 law reduced smoking or cigarette consumption

Graphic Cigarette Pack Warnings

Canadian Cancer Society reports on graphic cigarette pack warnings in >100 countries, but promotes plain packaging laws (that haven’t proven effective for reducing smoking)

Flavoring Bans

Health Canada moves forward with menthol flavoring ban for tobacco products

NIH funded UCSF activists urge FDA to ban flavored smokeless tobacco products, refuse to acknowledge that smokeless tobacco is far less harmful than smoking cigarettes

More Junk Science, Propaganda and Lies

NIH funded Leventhal et al falsely insinuate vaping is a gateway to cigarettes; But study:
- falsely claimed 37% of 10th graders are vapers (inaccurately citing 2015 MTF data),
- failed to properly/appropriately compare baseline smokers to baseline vapers,
- found 24% of 3,084 participants, including 93% who were nonsmokers, reported “prior” vaping at baseline (i.e. previous e-cig experimentation, but not in past month),
- found 95.1% of participants reported NO cigarette smoking in past month,
- found just 2.4% of participants reported smoking >2 days in past month,
- falsely classified those who smoked >2 days in past month as "frequent smokers",
- falsely classified those who vaped >2 days in past month as "frequent vapers",
- found just 4.7% of participants reported vaping >2 days in past month at baseline, and
- found just 4.3% of participants reported vaping <3 days in past month at baseline.

News media repeat fear mongering claims by NIH funded Leventhal et al study authors

Big Pharma funded AAP Pediatrics publishes junk study on flavored e-cigs that falsely classified youth who answered “Probably Not” to questions about possible future cigarette smoking as intending “to initiate cigarette smoking” to falsely claim teens who have used a flavored e-cig are more likely to smoke cigarettes in future; news media repeats false claim as factual.

Mike Siegel: Investigators botch interpretation of new e-cigarette study results; American Academy of Pediatrics misrepresents the findings
“This is not science; it is biased interpretation and presentation of science.”

Hank Campbell: All animals aren’t cows, all tobacco isn’t cigarettes, and all surveys aren’t science (regarding junk flavored e-cig study in Pediatrics, Godshall replies)

FDA/NCI funded RAND study falsely classifies youth who answered 2-10 (on a scale of 1-10 with 1=Definitely Not and 10=Definitely Yes) on any of three questions inquiring about potential future cigarette smoking as “high susceptibility” of future smoking; finds youth who weren’t shown tobacco displays (because they were hidden) in a mock convenience store were less likely to answer 1 on all three questions) than those who were shown tobacco displays; finds more participants correctly guessed the purpose of the not-blinded study than answered 2-10 on any of the three questions; advocates banning retail tobacco displays from being seen by adult customers (even though a less restrictive MA retailer regulation was struck down by SCOTUS as unconstitutional in Lorillard v Reilly in 2001) to purportedly reduce susceptibility of future youth smoking.

The Lancet Respiratory Medicine headline deceitfully claims lifesaving vapor products are an epidemic, publishes three articles that demonize vaping (paywalled)

Quit Victoria’s Sarah White falsely claims there’s no evidence vaping has helped smokers quit smoking, misrepresents RCP report, opposes legalizing vapor products

Legacy lies initiative falsely claims banning vapor and smokeless tobacco sales at retail stores prevents teens from smoking and supports smokers who are trying to quit.

RiverStone Health’s Claire Oakley repeats many false claims about vaping to promote FDA vapor deeming ban (Montana)

MedicalDaily article grossly misrepresents facts and myths about vaping

Dr. William Sturrock touts junk studies to demonize vapor and smokeless tobacco products, claims there is “no such thing as a less dangerous consumption” of tobacco.

22nd Century Group claims mandating its low nicotine cigarettes would reduce smoking

NY Times publishes letters from Big Pharma funded Daniel Seidman and ALA’s Harold Wimmer promoting Big Pharma drugs and demonize vaping, fail to disclose conflicts

Opioid / Marijuana THR

CA, MA, NV, ME voters legalize recreational marijuana; FL, AR, ND, MT voters legalize medical marijuana

Josh Bloom – Merciless in Seattle: Untreated Pain, Misery, and Suicide

Josh Bloom: Have opioid restrictions made things better or worse?

- Bill Godshall
Godshall THR update 2016-11-15