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Bill Godshall Update 2017-03-29

Tobacco Harm Reduction Update, March 29th, 2017

New Zealand Legalizes Sales of Lifesaving Vapor Products, THR Surveillance, THR Research, THR Advocacy / Education, Weak THR Advocacy, THR Business, Conferences, FDA Commissioner, FDA Deeming Reg / Ban, FDA’s Proposed Smokeless Tobacco Standard (that bans >95% of products), More FDA, US DHHS Malpractice, US DOD Lies About Risks of Smokeless Tobacco - Vaping - Nicotine and More, US DOJ, Taxation, Indiana E-liquid Monopoly Law, Flavoring Bans, Tobacco/Vapor Usage Bans, Smoking / Vaping Bans, Vaping Bans, Minimum Age Laws, Vapor Sales Ban to Minors, Cigarette Sales Prohibition (Mandating Very Low Nicotine Cigarettes), Vapor Sales Prohibition, Heat Not Burn Sales Prohibition?, Medical Malpractice Surveillance, More Junk Science - Propaganda - Lies.


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New Zealand Legalizes Sales of Lifesaving Vapor Products

Nicky Wagner (Associate Health Minister): Nicotine e-cigarettes to become legal

E-cigarettes to be regulated as consumer products

NZ Herald – E-cigarettes will be legalized: Government

THR Surveillance

World’s lowest cigarette smoking rate (Sweden) drops to new record low 9%, male smoking rate drops to 8%, and to just 5% among males aged 30-44 (as many/most smokers have switched to very low risk smokefree snus)

Christopher Snowdon: If we want to benefit from Brexit, the first thing we should do is make snus legal (on Sweden’s record low 9% smoking rate)

Canadian survey finds cigarette smoking rate (for ages 12 and older) dropped from 18.1% in 2014 to 17.7% in 2015, daily smoking rate dropped from 13.5% to 12.6%, record lows

Christopher Snowdon: The vaping revolution rolls on (on record low UK smoking rate)

THR Research

Lynn Kozlowski and Ken Warner: E-cigarettes are NOT a gateway to smoking: Evidence that vaping encourages people to take up the bad habit is 'weak'

Cardiovascular effects of e-cigarettes (extensive research review by Benowitz and Fraiman find no evidence that vaping poses risk for cardiovascular disease)

BAT develops model for estimating population impact of new smokefree alternatives, estimate huge declines in cigarette smoking if/when public policies allow that to occur.

Study finds most people greatly overestimate risks of smokefree vapor products, smokeless tobacco products and even FDA approved nicotine products compared to highly addictive and deadly cigarettes; confirms that exaggerating/deceiving the public about the risks of smokefree tobacco/nicotine products protects cigarette markets

Study finds smokers who switched to PMI’s IQOS reduced exposure to 15 chemicals to levels approaching those of smokers who quit smoking, found improvements in measured health indicators specific to smoking-related diseases, such as lung and heart disease.

BAT research finds new heat-not-burn GLO emits far fewer toxins than cigarettes

Yet another study finds 2nd and 3rd generation vapor products emit far fewer toxins and carcinogens than cigarettes

Researcher claims ‘academic McCarthyism over e-cigarettes (Farsalinos)

CORESTA publishes projects it has launched since December

Study determines youths use e-cigs more to reduce risk than consume flavorings

THR Advocacy / Education

Switching to vaping cuts fire death risk, London Fire Brigade safety chief tells smokers

Stephen Sugarman: Encourage vaping to help reduce smoking

Clive Bates updates Quiz – e-cigarettes and harm reduction

Joe Nocera: When Public Health and Big Tobacco Allign

Michelle Minton: The truth about vaping

Adam Summers: Electronic cigarette myths should go up in smoke

The key to successfully quitting smoking: Vaping

Marni Soupcoff: Vaping could save lives if government gets out of the way (Canada)

Donor chooses controversy over anonymity (David Sweanor)

Weak THR Advocacy

Tobacco controllers (who campaigned to enact the TCA, and advocated FDA’s vapor Deeming ban) vaguely endorse federal tobacco regulatory reform to keep vapor and other low risk smokefree alternatives legal, and taxing low risk smokefree alternatives less than cigarettes; wisely call for more cigarette tax hikes; but also call for even more spending on ineffective NRT and counseling, and less-than-safe “tobacco treatment” drugs.

Tobacco Control leaders call for immediate action to curb smoking in the US

THR prohibitionist Glantz criticizes tobacco controllers for sort-of endorsing THR products and policies, falsely insists that e-cigs increase smoking and reduce quitting

THR Business

Japan Tobacco’s challenges build case for a return to dealmaking (cites JTI’s declining cigarette sales due to PMI’s IQOS, great overview of international cigarette markets)

Guy Bentley – Heat-Not-Burn tobacco: The next wave of a harm-reduction revolution

Don Burke: Taking Tobacco’s Vitals (US consumption change of different products)

US cigarette manufacturers raise price of cigarettes by $.08/pack

Some UK insurers charge low risk vapers same as high risk smokers


Global Forum on Nicotine (GFN) 2017 (to be held June 15-17, 2017 in Warsaw, Poland) announces some speaker confirmations

US E-Cigarette Summit scheduled for May 8, 2017 in DC, but none of the presenters from the US criticized or opposed FDA’s inhumane vapor Deeming Ban, while many people and groups that advocated or endorsed FDA’s Deeming Ban will present.

71st Tobacco Science Research Conference set for September 17-20 in Bonita Springs FL

FDA Commissioner

Trump nominates Scott Gottlieb for FDA Commissioner

Scott Gottlieb: FDA’s new tobacco scheme, and its legislative underpinnings, may go up in smoke (from March 8, 2013)

FDA Deeming Regs / Ban

Brent Stafford – Trump Card: FDA Deeming Regs on Chopping Block

Sklaroff/Godshall/Gambescia: Vaping isn’t smoking, it’s a disease prevention method

VTA invites companies to sign anti-Deeming Regulation letter to DHHS Secretary Tom Price urging him to “utilize any available options you have to repeal, halt, or dramatically delay this rule.”

AVA urges vapor companies to sign on to letter to DHHS Secretary Price urging him to “utilize any available options you have to repeal, halt, or dramatically delay this rule.”

Clive Bates: Tobacco harm reduction meetings with Hill staff

A New Leaf: Vaping, E-Cigs & The Future of Tobacco at SXSW 2017 in Austin, TX
(Tech Freedom’s Evan Swarztrauber with Cynthia Cabrera, Sally Satel, Dave Sweanor)

Heritage Foundation: Rethinking Tobacco Control in an Era of E-cigarettes and other alternatives to smoking with Paul Blair, Jeff Stier & Sally Satel (March 16, 2017)

Heartland Institute – Vaping: How government regulation can kill (presentations by Brad Rodu and SFATA’s Pamela Gorman)

Brian Fojtik: FDA Regulations on e-cigarettes harmful to jobs, public health

Peter Roff – Vaporizing American Jobs: The FDA’s vaping rules will cost American workers big

Joel Nitzkin: The government has to change its tune on how to reduce harm from tobacco

Michelle Minton: Harm-reducing tobacco alternatives are a human achievement

Erik Martin: Vape takes new shape on Capitol Hill

Kathy Hoekstra: Groups take FDA vaping rules fight to Trump, Congress

E-cigarettes a booming business: Could FDA rules make $4B vaping industry go up in smoke? (NC),81961

Mike Siegel: What the FDA gets wrong about e-cigarettes

Betting on the future of e-cigarettes: Avail Vapor invests to meet looming FDA rules

Big Pharma financed vapor prohibitionist CTFK’s Matt Myers keeps lying about lifesaving flavored vapor products, FDA’s Deeming Ban (that bans all vapor sales in the US on 8/8/2018), tobacco companies and the Cole/Sanford bill (HB 1136)

Cigar industry lawsuit challenging FDA Deeming Reb/Ban delayed until August 30

FDA’s Proposed Smokeless Tobacco Standard

- that bans >95% of products

FDA extends comment period for FDA’s proposed smokeless tobacco ban to July 10

FDA’s economic analysis of its proposed smokeless tobacco standard (er, ban) fails to consider any costs that will occur if/when many/most smokeless tobacco users (including more than a million former cigarette smokers and several million current dual users) switch back to cigarettes and/or otherwise increase their cigarette consumption.
(Note that FDA also falsely estimated that none of the 10,000+ vapor companies will go out of business, and that none of the >10 million vapers will switch back to, or increase their cigarette consumption if/when FDA’s Deeming Regulation bans all vapor product sales to adults in the US on 8/8/2018.)

Reason’s Brian Fojtak urges FDA to extend comment period for its proposed smokeless tobacco ban, urges FDA to reject this cigarette-protecting anti-health measure.

KY Agriculture Commissioner Quarles says FDA regulation on smokeless tobacco would ‘devastate’ Kentucky growers: Asks for regulation to be withdrawn

Kentucky House passes Joint Resolution against FDA’s proposed smokeless tobacco ban

The Leaf-Chronicle Editorial: FDA rule impossible for tobacco farmers

THR prohibitionists Glantz et al absurdly claim FDA’s proposed smokeless tobacco ban
(er standard) underestimated the rule’s benefits and overstated its costs

More FDA

FDA further extends delay of effectiveness date until March 19, 2018 for Clarification of when products made or derived from tobacco are regulated as drugs, devices or combination products, requests more public comments by May 19, 2017

FDA CTP issues annual Ombudsman’s report (from its 4th Ombudsman since 2009)

NIH announces more funding opportunities to promote FDA CTP cigarette protecting regulations by deceiving the public about the vastly different risks and benefits of different tobacco/nicotine products (under the guise of tobacco regulatory science).

FDA approves new drug to treat Parkinson’s disease, but still won’t acknowledge the benefits nicotine has provided for many Parkinson’s sufferers

US DHHS Malpractice

US SG Murthy repeats many false fear mongering claims about vaping, including that e-cigarettes “are the most commonly used form of tobacco among youth”. In fact, the 2014 NYTS found 1.3% of youth smoked cigarettes daily compared to 0.9% who vaped daily, and many vapers did NOT vape nicotine.

Mike Siegel: Surgeon General continues to lie about tobacco in e-cigarettes

CDC staff repeat false fear mongering claims about negligible (if any) vapor aerosol risk to confuse, scare and promote even more cigarette protecting workplace vaping bans

Unethical FDA/NCI funded vapor prohibitionist and junk scientist John Ayers touts his “public health” efforts to prevent smokers from quitting smoking

US DOD Lies About Risks

- of Smokeless Tobacco, Vaping, Nicotine and More

Brad Rodu: Department of Defense anti-smokeless campaign is “50” shades darker

Sally Satel: A Defense Department hotline that keeps smokers hooked

Brad Rodu: Educating Air Force Generals about Tobacco Use and Risks

US DOD cessation website still lying about smokeless tobacco, vapor and nicotine


Big Pharma financed CTFK, ACS, AHA criticize Trump DOJ appointments of Noel Francisco and Chad Readler due to potential conflict of interests after Obama appointed irreconcilably conflicted CTFK lobbyist Bill Corr at DHHS in 2009, and FDA hired irreconcilably conflicted GlaxoSmithKline lobbyist Mitch Zeller in 2013 to head CTP.


NY Assembly Budget Bill (A 3009B) protects cigarettes, threatens lives of vapers and smokers; Part FF (Page 49)

- Would impose $.40/ml tax on ALL e-liquid products (i.e. a $48 tax on a 120ml bottle),
- Would redefine smoking to include vaping, to ban vaping where smoking is banned, and
- Would impose increasing penalties and fines on any person caught (without tax receipts) possessing or transporting >500ml of e-liquid and any distributor caught (without tax receipts) possessing or transporting >100ml of e-liquid.

New York State Vapor Association (and others) respond to Health Cmsnr Zucker

NY Gov Cuomo praises NY Health Dept for the sharp decline in NY youth cigarette smoking (that was largely due to vaping) and demonizes lifesaving vapor products; NY Health Cmsnr Zucker falsely claims vaping is gateway to cigarettes, advocates Cuomo’s cigarette protecting $10/ml e-liquid tax budget proposal

Mike Siegel: NY State Dept of Health urges physicians to discourage patients from quitting unless they use Big Pharma products and tells vapers they might as well go back to smoking

After lobbying for 2013/14 NYC workplace vaping ban that exposed far more youth to vaping, vapor prohibitionists complain that high school student smoking plummeted from 7.3% in 2014 to 4.3% in 2016 by criticizing the corresponding increase in vaping

CASAA asks New York vapers to urge Gov. Cuomo to remove vapor tax from budget

Rhode Island budget (Article 8, Section 8) would impose 80% tax on “tobacco substitutes” (which may include vapor), increase cigarette tax from $3.75 to $4.25/pack,

CASAA asks RI vapers to urge legislators to reject 80% tax on vapor products

Fojtik: Rhode Island’s proposed e-cigarette tax would hurt public health and economy

Kansas Senate unanimously passes bill (SB 130) to reduce tax on e-liquid to $.05/ml

CASAA asks Kansas vapers to urge House Taxation Cmte to support bill (SB 130) to reduce tax on e-liquid to $.05/ml

Pennsylvania State Sen. Bartolotta introduces bill (SB 508) to change PA’s 40% vapor tax to a $.05/ml tax on e-liquid, referred to Senate Finance Cmte.

PA Dept of Revenue moves lawsuit challenging 40% vapor tax to federal court

CASAA asks Nevada vapers to oppose bill (AB 269) to impose $.05/ml tax on e-liquid

CASAA asks Montana vapers to oppose bill (SB 354) to impose 74% tax on vapor

Montana bill to raise tobacco, e-cig taxes draws big crowd on both sides

Washington State bill (HB 2144) would tax vapor products at 95% (more than cigarettes), sponsor Rep Pollot falsely claims vapor aerosol can destroy ‘the inside of people’s lungs’

West Virginia bill (SB 677) would increase e-liquid tax from $.075/ml to $.105/ml, increase cigarette tax from $1.20 to $1.70/pack, increase OTP tax from 12% to 17%.

Tasty Vapor: Prop 56 – California Excise Tax
What it means to our California residents starting April 1, 2017

Fojtik: New Mexico’s plan to raise taxes on e-cigarettes would hurt public health

New Mexico House and Revenue and Tax Committee defeats bill (SB 231) that would have increased the cigarette tax to $3.16/pack, and taxed vapor products and OTP at 76%.

Nebraska legislature’s Revenue Cmte rejects bill to raise cigarette tax by $1.50/pack

PA IFO letter analyzing impact of Philly’s $2/pack cigarette tax (and Philly’s drinks tax)

Federal judge finds UPS liable for transporting untaxed cigarettes, to rule on penalties

UK government issues Consultation on taxing low risk Heat-Not-Burn tobacco products

After co-signing letter to the NEJM advocating lower tax rates for low risk smokefree tobacco/nicotine alternatives, with Bloomberg funding, Frank Chaloupka reverts back to advocating tax hikes for all tobacco products regardless of their risks or benefits

Indiana E-liquid Monopoly Law

Indiana Senate nearly unanimously passes vaping reform bill (SB 1), referred to House Public Policy Committee

Flavoring Bans

FDA/NIH/NIDA funded anti-flavoring activists inappropriately conflate life saving vapor products, very low risk smokeless tobacco, low risk cigars and hookah with deadly cigarettes to falsely conclude that flavorings (not nicotine) cause daily tobacco use.
Since cigarettes cause >99% of tobacco attributable morbidity, mortality, and healthcare costs, these findings on flavoring are irrelevant for public health, and another distraction.

Legacy prohibitionists demonize flavored vapor and OTP to lobby FDA to ban them, falsely portray flavored vapor and OTP as greater threats than unflavored cigarettes

Big Pharma shills CTFK/ACS/AHA/ALA/AAP (that falsely touted the TCA’s phony flavored cigarette ban, that exempted menthol) as necessary to protect kids, and then pressured Sen. Kennedy and HELP Cmte Dems to defeat Sen. Enzi’s 2007 amendment to ban menthol cigarettes repeat lies about flavored e-cigs and cigars, repeat lies that manufacturers target marketing to youth, once again lobby FDA to ban them.

News media hypes bogus anti flavoring report by Big Pharma financed vapor prohibitionists, fails to do any fact checking and fails to interview any objective expert

Mike Siegel: Campaign for Tobacco Free Kids admits that its secret campaign promoted youth cigarette addiction

Mike Siegel: Campaign for Tobacco Free Kids’ lying has got to stop

CA County Health Dept staff repeat CTFK’s lies about flavored tobacco/vapor products

Intolerant NY State Sen Brad Hoylman to introduce bill to ban sale of flavored vapor

Mike Siegel: New York State Senator Uses “Alternative Facts” to Promote Ban on Flavored E-Cigarettes

Tobacco / Vapor Usage Bans

Greenhut: The ever expanding reach of tobacco zealots (banning all tobacco and vapor product use in homes)

Minneapolis bans the use of all tobacco and vapor products at City Parks

Smoking / Vaping Bans

US Rep Brad Wenstrup (R-OH) introduces bill (HR 1662) to ban smoking and vaping at all Veterans Administration facilities (even outdoors), falsely redefines smokefree vaping as smoking.

PA DCNR bans smoking and vaping at state beaches, falsely calls it a smokefree policy

Gainesville (FL) bans vaping and smoking at parks and bus stops, $25 fine for violators

Arkansas gives grants for lobbying to ban outdoor smoking and vaping

Vaping Bans

Allegheny County (PA) bans vaping, County Exec Rich Fitzgerald and Health Director Karen Hacker falsely claim their cigarette protection law will improve public health

Pittsburgh Post Gazette editorial repeats false fear mongering claims about vaping to endorse vaping ban that Post Gazette campaigned to enact during past 10 months

Saul Shiffman: Allegheny County was wrong to approve an e-cigarette ban

Mike Siegel: Anti vaping advocates support indoor vaping bans because we don’t know if secondhand vaping is harmful

UK vapor experts agree that workplace vaping bans can have significant unintended consequences of protecting and sustaining cigarette smoking

Vaping prohibitionists repeat false fear mongering claims about vaping to advocate more cigarette protecting vaping bans

Minimum Age Laws

Kevin Glass: Regulators make patchwork of smoking restrictions (appropriately criticizes local governments for banning sale of lifesaving vapor products to anyone under 21)

Lane County (OR) increases minimum age for tobacco/vapor sales to 21

Oregon Senate passes bill (SB 754) to raise minimum age for tobacco/vapor sales to 21

Maine bill (LD 1170) would increase minimum age for vapor and tobacco sales to 21, redefine tobacco to include vapor products

Vermont bill to raise tobacco/vaping age to 21 would cost state nearly $2 million in tax revenue over 3 years

CASAA asks Texas vapers to oppose bill (HB 1908) to raise minimum age for tobacco/vapor sales to 21

NC bill (HB 435) would raise minimum age for all tobacco/vapor products to 21

Maryland Senate Finance Cmte reports unfavorably on bill (SB 669) to increase minimum sales age for tobacco/vapor products

Guam to raise minimum age for tobacco/vapor sales to 21 next year

Singapore to raise minimum age for tobacco sales to 21, even though alcohol age is 18

Vapor Sales Ban to Minors

PA Senator McGarrigle introduces bill (SB 191) to ban vapor sales to minors

Cigarette Sales Prohibition

- mandating very low nicotine cigarettes

Clive Bates: Is nicotine reduction really a viable policy option for tobacco control?
Definitely not . . . (presented at SRNT’s annual meeting last week)

Lynn Kozlowski: Cigarette prohibition and the need for more prior testing of the WHO TobReg’s global nicotine-reduction strategy

Ron Borland: Paying more attention to the ‘elephant in the room’

DHHS funded cigarette prohibitionists promote worldwide cigarette prohibition by claiming the intent of mandating low nicotine cigarettes is to reduce their addictiveness, not to ban cigarettes (even thought the latter is what their policy proposal would achieve)

22nd Century Group urges investors to spend even more money on very low nicotine cigarette that relies solely upon sales to US government, future licensure by governments

Vapor Sales Prohibition

Australian TGA continues to protect cigarettes, threaten smokers’ lives; refuses to repeal ban on lifesaving vapor products, cites US SG anti-vaping propaganda report and false claims to WHO by Big Pharma/FDA/NIH funded vapor prohibitionists Glantz et al.

E-cigarette nicotine ban condemned as ‘flawed and unethical’ by doctors, health experts

Matthew Peters repeats (and makes up new) fear mongering claims about vaping to lobby for extending vapor prohibition in Australia; ethical and humane commenters respond, 85% of online votes and dozens of comments “strongly disagree” with Peters’ extremism

E-cig users face jail time in Thailand

Sudanese Islamist claims tobacco use not allowed in Islam

Heat Not Burn Sales Prohibition?

‘Heat not burn’ tobacco sales under scrutiny (NZ Health Ministry says sales are banned)

Israel Ministry of Health temporarily allows sale of PMI’s IQOS heat not burn product

Clueless Knesset members upset that PMI’s IQOS allowed to be sold to smokers in Israel

Medical Malpractice Surveillance

Vapor prohibitionists at ATS publish letter citing survey finding 67% of pulmunologists and primary care physicians in US would urge an asthmatic smoker (who inquired about using e-cigarettes to quit smoking) to use ineffective and less-than-safe FDA approved “tobacco treatment” drugs instead of vaping, and finding a majority of the doctors would discourage the smoker from vaping even after he/she declined the prescription and told the doctor about previous attempts to quit smoking with Big Pharma drugs (just as Big Pharma shills CTFK, ACS, AHA, ALA, AAP, etc. and their left wing allies in Obama’s DHHS, Congress and the news media have encouraged doctors to do since 2009).

Mike Siegel: New survey shows that most physicians are completely misguided on e-cigarette recommendations; anti-tobacco groups’ propaganda is wreaking havoc on the public’s health

More Junk Science, Propaganda and Lies

Junk study falsely attributes cigarette smoking decline in some countries from 2007-2014 to WHO FCTC, but authors conflate/combine tax hikes and smokefree workplace laws (which reduce smoking) to advertising bans and subsidizing Big Pharma cessation drugs (which don’t reduce smoking). US, UK, Sweden, Norway, Iceland, India had significant cigarette smoking declines, but didn’t adopt any WHO FCTC policies.

2016 Tobacco Control Scale for Europe absurdly ranks nations based on number of anti tobacco laws instead of cigarette smoking rate (ranks Sweden 9th despite lowest smoking rate by far in Europe, ranks Luxembourg 33rd despite third lowest smoking rate)

Christopher Snowdon: Tobacco Control fail (criticizes EU 2016 Tobacco Control Scale)

Junk scientists and propagandists falsely attribute 10% decline in smoking rate (from 2005-2015) in 126 countries to WHO FCTC (even though US had a 20% decline from 2010-2015 largely due to vaping, which WHO has inhumanely lobbied nations to ban).

DHHS funded vapor prohibitionist at UNC find many vapers were upset finding out that FDA is banning all lifesaving vapor products on August 8, 2018, but then conclude that propaganda promoting FDA’s vapor sales ban should have been more positive.

Former CTFK and FDA employee Eric Lindblom urges FDA to keep misleading the public about the vastly different risks and benefits of different tobacco/nicotine products

Peter Hajek debunks another junk study, whose OSU authors falsely claimed it found that vaping doesn’t help smokers quit

Roberto Sussman – Editors of Tobacco Control attack blogs: protecting science from cranks, or activism from science?

Lake County (IL) falsely claims vaping is gateway to cigarettes for teens

Lee Johnson: Should we be worried about teen vaping? An in-depth look at the facts and the arguments (interviews Carl Phillips and Mike Siegel)

Lee Johnson – Teen Vaping Part 2: How politics and ideology drive the debate (Godshall comments)

Carl Phillips: Teen vaping and gateway effects (Lee Johnson article and interview with me)

Carl Phillips: Detecting bullshit in claims about comparative risks across tobacco products (criticizes unfounded claims that vaping is only 95% less harmful than smoking cigarettes, and that using smokeless tobacco is only 90% less harmful)

- Bill Godshall
Godshall THR update 2017-03-29