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Bill Godshall Update 2016-12-02

Tobacco Harm Reduction Update, December 2nd, 2016

US DHHS, FDA, More DHHS, DOT, HUD Smoking Ban, US Military, Tobacco / Vapor Industry, THR Education and Advocacy, Taxation, Litigation, Vaping Bans, Pharmacy Sales Bans, Smokeless Tobacco Usage Bans, Minimum Age Laws, US Local Laws, Government Funding for Tobacco Control, International Bans / Regulations on Vapor and Vaping, Plain Packaging, Canada, WHO FCTC COP-7, THR Surveillance, THR Research, Junk Science - Propaganda - Lies, Marijuana Harm Reduction, Alcohol vs Marijuana, Opioid Harm Reduction.

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US Rep. Tom Price (R-GA) nominated for DHHS secretary, voted against 2009 Tobacco Control Act (sponsored/lobbied for by Altria and Big Pharma to protect deadly cigarettes and ineffective smoking cessation drugs from market competition by low risk smokefree tobacco/nicotine alternatives, including smokeless tobacco, newly deemed vapor products and dissolvables) that was deceptively touted as a child and public health protection bill.

Pharma Intelligence – The Price is right: HHS Transition and Next FDA Commissioner Talk (discussion on possible next FDA Commissioner at 15:45)

Smoking guns: Trump’s transition appointments signal his plans to attack regulations

Sheila Kaplan: Could the FDA be dismantled under Trump?

Charlie Minato: Trump taps cigar friendly Congressman for Health and Human Services head

Health nominee Price may find that changing HHS isn’t easy


US Senator Ron Johnson (R-WI) sends letter to FDA Commissioner Robert Califf urging the agency to cease implementation of the Deeming Regulation.

US Senator Ron Johnson (R-WI) thanks Vapers for helping him get reelected

AVA – Senator warns FDA: Congress could stop industry-killing vaping regs

Senator warns FDA that GOP will target e-cig regulations

Mike Siegel: Senator Johnson calls on FDA to halt implementation of e-cigarette deeming regulations pending the new administration

ATR petitions US Congress and Donald Trump to repeal FDA’s Deeming Regulation in the first 100 days of the new Administration

Veterans are slamming the FDA’s plan to smother vaping industry

MSA’s Don Burke: The impact of FDA Deeming Regulations (at 10/2016 NACS Show)
MSA study estimates FDA’s Deeming Regulation will affect (i.e. likely ban) 100% of vapor products and 49% of cigars, but will reduce cigarette sales by just 4%.
“As anticipated, the vapor category will virtually be eliminated by the Regulations if the Regulations stand as currently written and there is no action by the courts or manufacturers” (page 46)

AEI’s Sally Satel interviews Clive Bates: vaping, regulation, FDA, UK approach, risk perceptions, health arguments (48m)

Clive Bates: four basic arguments against vaping and what's wrong with them (8m)

Clive Bates: what is the FDA doing and why it is so misguided? (8m)

Interview on FDA, US situation with Patricia Kovacevic of Nicopure Labs, the company challenging FDA in court (27m)

Nicopure Labs’ Patricia Kovacevic: FDA Deeming Rule Update (discusses FDA’s Guidance requiring manufacturers of vapor products to register all of their products with the agency by December 31, 2016.

Citizens Against Government Waste endorse low risk smokefree alternatives for smokers, criticize FDA deeming regulation for denying smokers legal access.

Convenience stores continue lobbying for Cole bill to change 2007 grandfather date

FDA removes threshold restrictions for tobacco product applications

Charlie Minato: FDA begins to collect user fees on those who import cigars

FDA Trade Alert: FDA issues new import data requirements

FDA promotes ineffective GASO, tells smokers to use ineffective and less than safe FDA approved drugs to quit smoking (and to not use vapor products)


New DHHS funded NCCN smoking cessation guidelines (pages 1460-61) opposes cancer patients who smoke switching to vapor products (falsely claims insufficient evidence that vaping helps smokers quit, but referenced only 5 studies)

Pasadena (CA) Health Dept spends $1.5 million CDC grant insulting and stigmatizing vapers, deceitfully conflate lifesaving vapor products with deadly cigarettes

Mike Siegel: CDC-funded Pasadena Health Department campaign calls vapers “stupid sheep”

Big Pharma financed CTFK complains 21st Century Cures Act would cut 30% of funding for Prevention and Public Health Fund, including “programs to reduce tobacco use, the nation’s No. 1 cause of preventable death.” But while cigarette smoking has been the leading cause of preventable death in the US for many decades, abstinence-only CTFK and Obama’s DHHS have unethically and deceitfully conflated lifesaving vapor products, very low risk smokeless tobacco, and low risk OTP with deadly cigarettes.

CDC MMWR Announcement: National Chronic Obstructive Pulmonary Disease Awareness Month — November 2016 fails to even mention that cigarette smoking causes the vast majority of COPD, focuses instead on patient access to pulmonologists

Obama’s FDA issues consumer warning “Secondhand Smoke (and Third-Hand) May Be Making Your Pet Sick” (despite no evidence trace levels of 3rd hand smoke harm humans or pets) that provides ZERO information for removing trace levels of 3rd hand smoke

US SG Vivek Murthy issues report ‘Facing Addiction’ that focuses on illegal drugs and alcohol (but not Big Pharma drugs), claims chronic users have brain disease, promotes abstinence-only treatments, falsely claims “Since 1964, surgeons general have produced major reports on tobacco use” (as SG reports since 1964 focused on cigarette smoking)


CEI v DOT: Petitioners submit final opening brief

CEI v DOT: Petitioners submit final reply brief

CEI v DOT: In court brief, DOT claims “smoking” doesn’t require combustion, and includes smokefree vaping (to defend DOT’s redefining “smoking” to ban airline vaping)

HUD Smoking Ban

HUD issues final rule banning smoking (but not vaping) within 25 feet of public housing

HUD: “Unlike with 22 products that involve burning of substances, there is little evidence that ENDS significantly increases fire risks, and there is no conclusive evidence that the vapors emitted by ENDS cause damage to the units themselves. Therefore, prohibiting ENDS will not necessarily reduce the risk of catastrophic fires or maintenance costs for PHAs, and this rule does not prohibit the use of ENDS.”

Big Pharma financed CTFK criticizes HUD for not banning vaping in public housing

US Military

US Naval hospital promotes ineffective GASO by demonizing lifesaving vapor products

Tobacco / Vapor Industry

Jonathan Fell: How does the tobacco industry see its future?
(Godshall comments on tobacco company lobbying for FDA’s vapor ban, and for state vapor taxes/regulation)

Philip Morris looks beyond cigarettes with alternative products; CEO says cigarette production could end someday (if smokers switch to low risk alternatives)

In response to Philip Morris’ launch of new low risk cigarette alternative iQOS in many countries, THR confused ASH UK’s Deborah Arnott (who lobbied MHRA to ban vapor products before acknowledging the many health benefits of vaping) conflates iQOS with deadly cigarettes, claims “iQOS, like tobacco, need tough regulation”, criticizes PMI for making low risk alternative available and affordable for smokers.

Anti-tobacco extremist Marita Hefler denounces PMI for marketing low risk alternative to cigarette smokers, criticizes health advocates for supporting THR products and policies

Will regulatory challenges hold back Philip Morris reduced risk strategy?

iQOS vs iFuse: Is the e-cig world big enough for two big brands?

Heat-not-burn alternatives marketed to smokers in Japan

BAT opens Milan (Italy) outlet and launches vaping device

BAT subsidiary asks NZ Medsafe to approve sales of Voke as a medicine

THR and tobacco industry opponents Ross MacKenzie and Benjamin Hawkins double down by continuing to deny vapor products help people quit smoking, demonize tobacco companies for marketing low risk alternatives (and even NRT products) to cigarette smokers, claim doing so can help “renormalisation of the industry”

E-cigs are going tobacco-free with synthetic nicotine (highlights Next Generation Labs)

Vapor sales bans expand international sales of highly concentrated (i.e. dangerous) nicotine e-liquid (including non tobacco derived nicotine) directly to consumers, who DIY mix it with PG/VG and flavorings.

St. Helens (UK) rugby team renames Langtree Park “Totally Wicked Stadium”

Next Generation Nicotine Delivery conference, London, November 16-17

THR Education and Advocacy

Reason’s Julian Morris – keeping up with new technologies

Clive Bates Video Collection

E-Cigarettes: Reducing the harm of smoking (new report by THR advocates from Australia and New Zealand calls for life-saving reforms to help smokers quit)

Jacob Sullum: Vaping is a gateway to quitting smoking

Kip Viscusi: Do we know how risky e-cigarettes are? (discusses study finding public inaccurately believes vaping is far more harmful than scientific evidence finds)

E-cigaretteReviewsUK interviews e-cig advocate David Sweanor


In addition to paying a 66% vapor product tax, all California vapor vendors must obtain an annual license costing $265/year by January 1, 2017 (to continue legal sales in state).

Some fear California’s tax on e-cigarettes may deter smokers
Ken Warner and AVA’s Greg Conley criticize CA’s cigarette protecting vapor tax

New Nicotine Alliance issues report, urges no taxes on low risk nicotine products in EU Tobacco Excise Directive

Clive Bates: To tax or not to tax? Response to EU on taxing vaping and other reduced risk products?

Cigarette smugglers take advantage of Missouri’s low tax rate (and stupidity of CTFK, ACS, AHA, ALA, etc. for opposing two recently defeated cigarette tax hikes in MO).


$10 million verdict against Philip Morris and RJ Reynolds for ex-nurse’s cancer/COPD

$6+ million verdict awarded in smoker’s lawsuit against Philip Morris and Reynolds

Federal judge ‘SLAPPS’ down lawsuit demanding ‘R’ rating for all movies depicting smoking

E-cigarette class action suit stymied by FDA Deeming Regulation preemption

Class action lawyers challenge federal court’s dismissal of frivolous “failure to warn” e-cigarette lawsuit, citing preemption of FDA deeming regulation

Vaping Bans

DC Mayor Bowser to sign bills banning vaping in workplaces (despite no risks to nonusers) and to increase minimum age for sales of vapor and tobacco products to 21.

Olympia (WA) considers banning vaping and smoking in parks

Prestonberg (KY) City Council bans vaping in most workplaces and public places

Russian Duma lawmaker proposes cigarette protecting bill to ban vaping in parks and other public places; news agency falsely calls vaping “smoking”

Phillipine Health Dept wants vaping including in smoking ban, deceitfully claims vaping increases cigarette smoking

Legacy lies initiative pays 83 community colleges to ban vaping and use of smokeless tobacco, deceitfully conflates low risk smokefree alternatives with deadly cigarettes

CVS and ACS pay colleges $20,000 to lobby/implement/enforce campus bans on use o lifesaving vapor products, very low risk smokeless tobacco and low risk OTP

Pharmacy Sales Bans

CVS and Legacy lies initiative create phony youth group “” to lobby to ban sales of lifesaving vapor products, very low risk smokeless tobacco products and low risk OTP at all pharmacies (by deceitfully conflating all nicotine/tobacco products with deadly cigarettes, except for Big Pharma’s NRT).

Smokeless Tobacco Usage Bans

Major League Baseball and players union agree to further ban players use of smokeless tobacco products (which are 99% less harmful than cigarettes, and have helped millions of smokers quit smoking), succumb to lies and bullying by abstinence-only extremists.

Big Pharma financed CTFK criticizes MLB smokeless tobacco ban as not tough enough, says cities should ban all adults from using very low risk smokeless tobacco products (that pose no risks to nonusers) at all sports venues, grossly exaggerate risks of smokeless tobacco, falsely insinuate Tony Gwynn’s death was caused by smokeless tobacco use.

Minimum Age Laws

After refusing to acknowledge or support PA’s minimum age 21 law for cigarette sales from 1994-2001, and after failing to criticize PA’s repeal of that law (that was lobbied for by RWJF funded ACS, AHA, ALA, Big Tobacco and convenience stores), Big Pharma funded CTFK touts, issues list of minimum age 21 laws (that ban sales of lifesaving vapor products, very low risk smokeless tobacco, low risk OTP and deadly cigarettes)

US Local Laws

R Street issues Vapescore 2016: Regulating Vapor Products in 52 US Cities

NATO’s Thomas Briant – Local tobacco ordinances: What retailers need to do

Government Funding for Tobacco Control

Alabama Health Dept’s Jim McVay, Big Pharma financed ACS, falsely claim more government funding is needed to reduce smoking (despite no evidence smoking has been reduced by government tobacco control propaganda conflating lifesaving vapor products and low risk smokeless tobacco with cigarettes, and tout Big Pharma cessation drugs).

International Bans / Regulations on Vapor and Vaping

RWJF / Bloomberg funded anti-vaping activists at Johns Hopkins classify, compile list of mostly cigarette protecting anti-vapor / vaping laws in different countries (including 25 countries that ban vapor sales to adult smokers), fail to distinguish between laws that benefit vs threaten public health, falsely claim “the impact of e-cigarettes on public health is unclear,” fail to acknowledge any benefits vaping has provided to millions of smokers.

Plain Packaging

Big Tobacco threatens Supreme Court fight after losing packaging appeal (UK)


Canadian government introduces legislation to:
- purportedly “prevent vaping product use from leading to the use of tobacco products by young persons” despite no evidence that has occurred anywhere since vaping began,
- legalize vapor (incl. flavored) product sales to adults, but ban virtually all truthful and effective advertisements and promotions of vapor products to smokers
- ban vaping in virtually all workplaces,
- mandate unspecified warnings about potential health hazards of vaping,
- ban sales of menthol cigarettes,
- require plain packaging for all tobacco products (including very low risk smokeless tobacco and low risk cigars)

News articles on Canadian vaping legislation

David Sweanor on e-cigarettes prompting a drop in smoking

E-cigarette vaping credited by some for sharp drop in smoking despite officials frowning on practise (Canada)
David Sweanor on e-cigarettes prompting a drop in smoking

E-cigarette vaping credited by some for sharp drop in smoking despite officials frowning on practise (Canada)

Vaping advocates defend e-cigarettes to Quinte West (Ontario) council

David Sweanor – Recipient: Outstanding Individual Philanthropist Award


E-cigarette prohibition would be a huge mistake: Experts

Vidya Krishnan: Will ENDS justify the means?

Globalism and culture shock in India (ending coverage of WHO FCTC COP7, Rebel Media refutes false claim of tobacco industry funding, says they are crowd funded)

WHO FCA: COP7 decisions: an overview

THR Surveillance

Wisconsin survey finds cigarette smoking keeps declining among middle and high school students; so Health Department again attacks e-cigs (which reduced teen smoking)

THR Research

First-ever study finds switching to vaping reduced blood pressure among hypertensive smokers (blood pressure decline followed decline in cigarette consumption)

Study of 100 vape shop customers in a Southern Plains state in US finds:
- 98% reported being smokers (97% cigarettes, 1% cigars) before they began vaping,
- 62% were biochemically verified smoking abstinent (including 66% of those who reported being smokers at the time they began vaping),
- among vapers who still smoked, mean daily cigarette consumption declined from 19.4 to 4.8 after vaping,
- 100% were using new generation open tank vapor products,
- average consumption of e-liquid was 8.1 milliliters per day,
- 91% reported enjoying vaping more than smoking,
- 80% preferred non-tobacco e-cigarette flavors,
- “battery life”, “tastes good”, and “curb cravings” were most important vapor features,
- “feels/looks like a traditional cigarette” was least important vapor feature,
- 85% preferred buying at vape shops because “access of staff who can help troubleshoot e-cigarette problems”,
- 74% preferred buying at vape shops because they “enjoy the atmosphere”,,65150,0,2.html

BAT study finds vaping can be as effective at delivering nicotine as smoking cigarettes, especially among experienced vapers, finds new generation products more effective

Brad Rodu: Snus not associated with gastroesophageal reflux, says Norwegian study

Junk Science, Propaganda and Lies

Nicotine & Tobacco Research editor Marcus Munafo misrepresents scientific evidence, still denies vaping has helped people quit smoking (to celebrate ineffective ACS GASO)

Mike Siegel: Dishonesty of vaping opponents (Health Agencies) is out of control; urgent action is needed

ACSH: The top 16 junk science stories of 2016
#5 E-cigarettes do not lead to cigarette smoking

Plastic surgeons Peter Taub and Alan Matarasso claim surgery patients shouldn’t vape for 4 weeks prior to surgery (despite no evidence vaping poses any risk for surgical patients) by citing 4 week cigarette abstinence recommendation for smokers prior to surgery (because smoking complicates wound healing); American Society of Plastic Surgeons publishes sham article, and issues sham press release; Daily Mail repeats the “fake news”

Konstantinos Farsalinos: The journal of the American Society of Plastic Surgeons should retract paper and press release on e-cigarettes to avoid being discredited/ridiculed

ATS press releases grossly misrepresents findings of junk e-cig study funded by NIH, falsely insinuates that teen experimentation with e-cig use causes respiratory disorders.

Daily Mail article repeats false fear mongering claims by ATS and junk study on e-cigs

Mike Siegel: New study on e-cigarettes and bronchitis: An example of scientific dishonesty and deception

Konstantinos Farsalinos: Do e-cigarettes cause COPD or is there a COPD epidemic in Southern California?

Brad Rodu: Another engineered study claims teen vaping leads to smoking

CBS Baltimore further misrepresents junk study findings by DHHS funded Leventhal et al alleging that vaping is gateway to frequent cigarette smoking

Herald (Everett, WA) editorial repeats many fear mongering lies about vaping, touts junk study by Leventhal et al and JAMA falsely claiming teen vaping leads to heavy smoking

Brad Rodu: Miscounting teen perceptions of e-cigarettes

Anti vaping activists grossly misrepresent and tout another inapplicable cell study (i.e. on saliva samples), falsely claim vaping is smoking in fear mongering press release headline “Smoking electronic cigarettes kills large number of mouth cells”

Mike Siegel: New study shows the blatant bias in modern-day tobacco control research and demonstrates why you need to look at the actual data

FDA/NCI funded UCSF vapor prohibitionists Glantz/Dutra/Grana now absurdly claim Philip Morris invented the e-cigarette more than two decades ago “to complement, not compete with, conventional cigarettes and evade tobacco control regulations”.

Big Pharma financed ALA’s Norm Edelman keeps hawking ineffective and less than safe Big Pharma cessation drugs to smokers, fails to ethically disclose Big Pharma funding

FDA/NCI funded anti-tobacco extremists at UNC lobby to ban flavorings with false and misleading fear mongering claims

Forbes article praising Michael Bloomberg’s philanthropy conflates all tobacco use with deadly cigarette smoking, praises vaping prohibitionist WHO, falsely claims plain packaging laws and tobacco advertising bans have reduced smoking, fails to mention Bloomberg’s cigarette protecting anti-vaping activism including NYC’s 2014 vaping ban.

Marijuana Harm Reduction

Adam Houston & David Sweanor: Smoke’s negative effects should guide marijuana and tobacco policy (Canada)

How marijuana legalization this election could influence efforts to legalize in other states

CA vapor prohibitionists (who falsely claimed vaping would renormalize cigarette smoking) now falsely claim marijuana legalization will renormalize cigarette smoking

Stan Glantz seeks anti-marijuana activist to demonize marijuana legalization under the guise of conducting scientific research

Alcohol vs Marijuana

Colorado bans cannabis consumption in liquor licensed establishments, but not coffee shops; liquor industry and MADD lobbied for measure

Opioid Harm Reduction

Josh Bloom: Trump’s wall and the opioid crisis

Josh Bloom – In search of sane pain policies: An interview with Richard Lawhern, PhD


- Bill Godshall
Godshall THR update 2016-12-02