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Bill Godshall Update 2017-02-24

Tobacco Harm Reduction Update, February 24th, 2017

THR Science and Education, Public Health Surveillance, THR Business, Consumer Economics, FDA Deeming Regulation / Ban, US DOT, Litigation, Taxation, Vapor Flavor Sales Ban, Online Vapor Sales Ban, Vaping Bans, Minimum Age Laws, UK Financial Times Special Report: The Future of Regulation (UK and international), Canada, Australia, Intellectual Property Rights / Plain Packaging, US Government Junk Science - Propaganda - Lies, More Junk Science - Propaganda - Lies.


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THR Science and Education

Vapor experts educate FDA contracted National Academies Committee on scientific and empirical evidence on vaping’s many health benefits for smokers and negligible risks at February 21, 2017 Workshop (videos of all presentations now posted); Committee on the Review of the Health Effects of Electronic Nicotine Delivery Systems (ENDS)

2016 E-Cigarette Summit presentation videos posted (from The Royal Society, London, Nov. 17, 2016); many international experts present scientific evidence on vaping
Iowa AG Tom Miller
Martin Dockrell
Alette Addison
Robert West
Scott Leischow
Peter Hajek
JF Etter
Neil Benowitz
Tim Phillips
Ram Moorthy
Alexandra Freeman
Lynn Dawkins
Robert Morrison
Marcus Munafo
Konstantinos Farsalinos
Riccardo Polosa
ASH UK’s Deborah Arnott
UK MHRA’s Beryl Keeley
Totally Wicked’s Fraser Cropper
Linda Bauld
Louise Ross

James Murphy - Assessing the risk of e-cigarettes
BAT studies of vapor aerosol find no oxidative stress, no genotoxicity, and no tumor promotion activity, find far lower toxicant levels than in cigarette smoke, including:
- >99% lower for WHO’s list of 9 chemicals,
- >99% lower for FDA’s short list of 18 chemicals,
- 95% lower for Health Canada’s list of 44 chemicals, and
- 92% lower for FDA’s list of 92 harmful and potentially harmful constituents (HPHCs).

Jacob Sullum: Study confirms health advantages of vaping
Why do US officials insist on obscuring them?

CASAA issues video Facts About Vaping

CASAA issues guide: Battery Safety – Making Peace With Power

Brad Rodu interview: How Smokeless Tobacco Can Save Your Life

The Switch (UK vapers describe how they quit smoking by switching to vaping)

Vaping, E-Cigarettes, and Public Policy Toward Alternatives to Smoking
The Heartland Institute: by Brad Rodu, Matthew Glans, and Lindsey Stroud
(20 page report on vaping and THR, but incorrectly claims the “anti smoking campaign” failed and that anti smoking activists have been pushing anti-THR “quit or die” policies)

Robert Song: Is vaping healthy?

Premium vape image draws many away from dirty cigarettes (Malaysia)

DHHS funded study finds sick smokers more likely to vape than those without diseases, but authors urge doctors to recommend only Big Pharma drugs (not vaping) to smokers

Public Health Surveillance

Brad Rodu: Complicated Models Can’t Alter the Data: Smoking Among Youth and Young Adults Is Way Down (shows huge decline in cigarette smoking by 18/19 year old men and women in US from 2010 to 2015, according to CDC NHIS data)

Brad Rodu: Complicated Models Can’t Alter the Data – Part 2: Youth Smoking Is Way Down (shows huge decline in cigarette smoking by 14-18 year old boys and girls in US from 2010 to 2014, according to NIDA NSDUH data)

Brad Rodu: CDC omitted important findings in report on 2015 NYTS (shows huge decline in cigarette smoking by middle and high school students in US from 2011 to 2015, according to CDC NYTS data)

Clive Bates shows huge decline in cigarette smoking by 12th grade students in US from 2010 to 2016, according to NIDA MTF data

2015 Wales survey of youth (ages 11-16) finds:
- Regular e-cig use (i.e. at least weekly) was reported by 41.8% of daily smokers, 17.5% of ex-smokers and 0.5% of never smokers.
- Ex-smokers accounted for increasing % of regular e-cig users every year age of youth increased (indicating e-cigs help increasingly more youth quit smoking as they get older).
- 18.5% of youth ever-used an e-cig, and 2.7% reported regular use, but authors refused to reveal daily-use data (likely because it was negligible, only included smokers and ex-smokers, and since doing so would disprove the authors’ public criticisms of vaping).
- 83% of weekly smokers who ever used an e-cig smoked cigarettes before trying vaping.
- 10.5% of youth ever-smoked a cigarette, and 2.3% reported daily cigarette smoking.

One news outlet analyzed the Wales survey “Questions raised over whether e-cigarettes lead to smoking after survey can’t find a single regular user that has never smoked”
but other news outlets repeated misleading fear mongering claims by the survey authors

THR Business

Wells Fargo reports 3.6% decline in US cigarette volume in Jan 2017 (compared to 2016)

BAT looks to double its vaping markets worldwide

New cigarette alternative significantly cuts health risks

Swedish Match reports 2016 changes in volumes of snus and other tobacco products

Consumer Economics

Lindsey Fox – Smoking vs Vaping: The Ultimate Cost Comparison

FDA Deeming Regulation / Ban

US Reps. Tom Cole (R-OK) and Sanford Bishop (D-GA) introduce “FDA Deeming Authority Act of 2017” (HR 1136), which would keep the sale of many vapor products legal in the US after August 8, 2018 (by moving the TCA’s 2/15/2007 grandfather date to 8/8/2016 for newly deemed tobacco products), but would still impose all other cigarette protecting vapor regulations/bans in the TCA and in FDA’s Deeming Ban, including:
- ban ALL new and improved vapor products that weren’t on the market on 8/8/2016,
- ban ALL truthful MRTP claims that vapor products are less harmful than cigarettes, and
- allow FDA to impose many unwarranted standards to ban virtually all vapor products.
The FDA Deeming Authority Act of 2017 would also require FDA to:
- impose vapor battery standards (which could ban virtually all vapor product batteries),
- ban vapor product advertising in publications that cigarette advertising is banned.

Guy Bentley — Hope for vapers: new bill could halt FDA e-cigarette prohibition

Richard Craver: US House bill targets later grandfather date for e-cigs

CASAA: HR 1136 – Modernizing the predicate date for vapor is a vital first step

Nicopure Lab’s Patricia Kavacevic interviews Rep. Tom Cole (R-OK) about Cole-Bishop Amendment (that woudl move the TCA’s Feb 15, 2007 grandfather date for marketing new products to Aug. 8, 2016 for vapor and other newly deemed tobacco products)

Charlie Minato: Bill to change FDA grandfather date reintroduced in Congress

US Senator Ron Johnson (R-WI) sends another letter to VP Mike Pence urging his support for reigning in FDA’s disastrous Deeming Ban on vapor products

Hartland (WI) challenges FDA Deeming Regulation

Kathy Hoekstra: Science challenges FDA vaping regulation, and Trump may be next

CAA, CRA & IPCPR petition federal court for summary judgment in lawsuit challenging FDA’s Deeming Regulation

Cause of Action files amicus brief with federal court in support of cigar industry lawsuit challenging FDA Deeming Regulation

Same medical groups that urged FDA to ban lifesaving vapor products urge Congress to reject bill that would stop FDA from banning low risk premium cigars

FDA announces TPSAC meeting on April 6 to discuss process for reviewing forthcoming PMTA and MRTP applications; anyone desiring to speak during the Public Comment period must submit request by March 15


Federal judge sets oral arguments in CEI v DOT (airline vaping ban) for April 10, 2017


Florida jury awards $5.4 million to family of dead smoker, holds Philip Morris liable

Florida jury awards $6 million to family of dead smoker, holds RJ Reynolds liable


Hawaii bill (HB 246) would impose 70% tax on vapor products, and impose licensing for vapor wholesalers/retailers and many manufacturers)

CASAA urges Arizona vapers to oppose bill (SB 1517) to tax vapor products at 95%

Kansas still wrangling over how to tax e-cigarettes

CASAA urges Kansas vapers to advocate legislation to reduce e-liquid tax from $.20/ml to $.05/ml

Indiana bill (HB 1476) would tax e-liquid at $.10/ml.

CT Governor Malloy proposes $.45/pack cigarette tax hike, but no vapor tax, in budget

Tennessee bills (HB 1364 & SB 876) would raise cigarette tax (from $.62 to $1.67/pack),
raise OTP tax (from 6.6% to 17%) and wisely would not tax vapor products

OK House Committee approves Gov. Fallon’s proposed $1.50/pack cigarette tax hike

WV Senate committee advances bill to increase cigarette tax by $1/pack

IN House GOP budget proposal includes $1/pack cigarette tax increase

NY bills (A 2103 & S 4576) would further hike tobacco/vapor prices by banning coupons

Kansas Senate rejects Gov. Brownback’s proposed tobacco tax hikes

Montana Senate committee kills tobacco tax hike bill

Vapor Flavor Sales Ban

CASAA urges NJ vapers to oppose bill (A 3704) to ban sales of flavored vapor products

Online Vapor Sales Ban

Hawaii bills (HB 1495 & SB 342) would ban online vapor and tobacco purchases

Vaping Bans

CASAA urges Arkansas vapers to oppose bill (SB 285) to ban vaping in workplaces

CASAA urges UT vapers to oppose legislation that would ban vaping in vape shops

CASAA urges Montana vapers to oppose bill (SB 147) to ban vaping in workplaces

Richlands (VA) bans vaping in many workplaces under false guise of banning smoking

Minimum Age Laws

Genessee County (MI) increases minimum age for vapor/tobacco sales to 21

Trenton (NJ) City Council increases minimum age for vapor/tobacco sales to 21

Vermont bill (H 52) would raise minimum age for tobacco/vapor sales to 21; bill’s findings all focus on cigarette smoking, but bill applies to all vapor and tobacco products

Maryland bill (SB 669) would increase minimum age for vapor/tobacco sales to 21,
Senate Finance Cmte hearing scheduled for March 9.

Connecticut bill (HB 5384) would increase minimum age for vapor/tobacco sales to 21

Nebraska bill would increase minimum age for vapor/tobacco sales to 21

Central Falls (RI) City Council approves ordinance raising minimum age for vapor and tobacco sales to 21, goes to mayor

Foundation for a Healthy Kentucky protects cigarettes by lobbying to increase minimum age to sell very low risks smokeless tobacco and lifesaving vapor products from 18 to 21.

Financial Times (UK): Regulation

UK Financial Times Special Report: The Future of Regulation (UK and international)

David Sweanor: Pragmatism on nicotine could save lives

Clive Bates: A guide to the seven sins of overreaching government

Derek Yach: The health expert willing to work with the ‘enemy’


Vaping and the Law: Comparing legislation across Canada; Canadian Constitution Foundation report tells truth about vaping, criticizes cigarette protecting anti vaping laws

Health Canada launches Public Consultation on the Future of Tobacco Control in Canada (consultation ends April 13)

Health Canada’s Suzy McDonald interviewed by Regulator Watch’s Brett Stafford, McDonald insists nicotine vapor product sales are still banned in Canada (despite Health Canada’s failure and refusal to enforce or discuss its purported ban since 2009), defends Health Canada’s proposed cigarette protecting ban on truthful speech about vaping beyond the deceitful claim that “vaping is likely less harmful than cigarette smoking”.

Health Canada’s Suzy McDonald Part 2 interview with Regulator Watch’s Brett Stafford, McDonald touts warnings that will falsely claim vaping is addictive for nonsmokers, repeats many false fear mongering claims about nicotine (that Health Canada has approved and promoted as medicine if/when marketed by Big Pharma), falsely insinuates vapor products have addicted nonsmoking youth, may be gateways to cigarettes, and repeatedly refers to vapor as tobacco to conflate its risks with those of cigarettes.


Colin Mendelsohn: Australia’s looming e-cigarette ban robs smokers of a chance to quit

17 Australian public health experts urges TGA to legalize sale of vapor products

21 international public health experts critique TGA’s false and misleading claims about vaping, urge ending vapor sales prohibition to give cigarettes smokers legal access

Clive Bates: Australian medicines regulator intends to continue to protect the cigarette trade – we challenge its bizarre reasoning

Australia’s assistant Health Minister David Gillespie says government is unlikely to allow sales of Philip Morris very low risk iQOS (as it already banned snus and vapor)

Intellectual Property Rights / Plain Packaging

Big Tobacco sets stage for alcohol to defend brands (UK)

US Government Junk Science, Propaganda and Lies

CDC and US Department of Defense lie about very low risk smokeless tobacco that has helped millions of smokers quit (most white rural males), promotes Great American Spit Out, instructs taxpayer funded counselors to lie about the low risks of smokeless tobacco.

Transcript of chat with CDC sponsored US Department of Defense’s so-called tobacco cessation expert who repeatedly misrepresented the very low risks of smokeless tobacco.

MTF survey author Richard Miech once again misrepresents MTF survey data (finding teen smoking plummeted to record lows every year e-cig use increased, and finding negligible regular e-cig use by never smokers), falsely claims e-cigs are a gateway to cigarettes (by citing biased junk studies that excluded all smokers who switched to vaping, and that misclassified most other participants)

Patient Care touts former CDC Director Tom Frieden’s false fear mongering claim about vaping, promotes DHHS funded junk studies that demonize vaping, Godshall comments

After lying about and lobbying to ban lifesaving vapor products since 2009, CDC falsely claims it “is a leader in national efforts to ease the burden of cancer.”

Clives Bates exposes junk research methods and negligible findings by Obama DHHS funded Primack et al, who falsely claimed their study found e-cigs were gateways to cigarettes to lobby for FDA Deeming Rule that bans vapor product sales to adults.

FDA/NIH funded David Payton (coauthor of deceitful “dry puffing emits formaldehyde” letter to NEJM) finally admits vapers cannot tolerate “dry puffing”, fails to apologize for deceiving the public by manufacturing and promoting a deceitful formaldehyde panic, makes even more false fear mongering claims about vapor to news media.

FDA/NIH/Big Pharma funded AHA’s Bhatnager continues to falsely claim vaping causes heart disease (despite no scientific evidence) by misrepresenting the scientific evidence, fails to ethically disclose AHA’s irreconcilable financial conflicts of interest

Fox News Clueless about E-Cigs! (hypes Fake News about “dripping” to scare)

NIH funded anti vaping activists repeat dozens of false fear mongering claims about vaping to demonize lifesaving vapor products, advocate vapor and vaping bans.

DHHS funded vaping prohibitionists falsely claim their junk study (that found nothing worth mentioning) found “Youth ENDS exposure may contribute to normalizing adult cigarette smoking and may in turn heighten susceptibility to cigarette smoking.”

DHHS funded 2014/15 study finds 15.8% of US adults had ever-used hookah, but only 1.5% used hookah in past-30-days (indicating hookah poses very low risk of dependence, and that the hookah fad has passed). Finds young adults, college educated, never smokers, and ever hookah users were more likely to know hookah poses lower risks than cigarettes, but authors deceitfully conclude “Public health interventions should target these subpopulations to provide them with accurate information on hookah smoking.”

More Junk Science, Propaganda and Lies

Bloomberg Philanthropies and DHHS funded Frank Chaloupka falsely attribute cigarette smoking diseases and deaths to other tobacco products, advocate taxing ALL tobacco/vapor products regardless of the product’s risks, benefits or costs to government.

Editors at Tobacco Control Journal (aka Tobacco Prohibition Journal) criticize experts who critique their anti-THR junk studies that advocate “quit or die” prohibition policies.

Mike Siegel: Tobacco Control Journal: There can be no legitimate discussion of our articles without our permission

Carl Phillips: Editors of Tobacco Control admit they publish indefensible junk science

Carl Phillips: More on Tobacco Control’s “stop talking about us!” editorial

Clive Bates exposes the economic cluelessness and public health malpractice advice by “tobacco-free world” crusaders Moore, McKee and Duabe for opposing THR

CASAA’s Brian Carter – Critical Thinking 101: Source Evaluation

Wash Post and Univ of California repeat junk study authors’ false claims that vaping may cause heart disease

Foundation for a Healthy Kentucky protects cigarettes by lying about lifesaving vaping; falsely claims e-cigs “can be just as harmful” as cigarettes, are toxic and addictive, are gateways to cigarettes, and don’t help smokers quit. Survey finds just 29% of Kentuckians correctly know that vaping is safer than smoking cigarettes.

Mike Siegel: Kentucky health group is deceiving public about risks of smoking . . . and it’s working

Clive Bates: Hold the Mayo (critiques anti-vaping propaganda by Big Pharma funded Mayo Clinic)

Big Pharma funded Mayo Clinic still deceiving the public about lifesaving vapor products, very low risk smokeless tobacco and low risk OTP, promotes tobacco abstinence while hypocritically touting “seven FDA-approved medications” (some of which include nicotine) for stopping tobacco use, while hypocritically claiming “Mayo Clinic does not endorse companies or products.”

Snus prohibitionists at Karolinska claim study found snus use associated with diabetes

Swedish Match urges caution about snus diabetes finding

US News headline and article deceive readers about vaping’s enormous health benefits and negligible risks by repeatedly using the absolutist terms “safe” and “harmful”

Big Pharma shills CTFK, ACS, AHA, ALA falsely claim Big Tobacco has taken over vapor industry, keep demonizing lifesaving products, fail to disclose financial conflicts

- Bill Godshall
Godshall THR update 2017-02-24