May 23, 2018

Godshall Chronicles 7/28/17

Breaking News

FDA Commissioner Scott Gottlieb delays FDA’s vapor PMTA application deadline and vapor prohibition date from November 8, 2018 until August 8, 2022, vaguely endorses THR, calls for FDA to develop a new comprehensive plan for tobacco, nicotine, vapor and flavor product regulation

Scott Gottlieb’s special announcement on tobacco/nicotine/vapor policy is at

Gottlieb also said FDA CTP intends to:
– maintain Deeming Rule’s sales ban on all new vapor products since August 8, 2016,
– maintain Deeming Rule’s ban on truthful health claims by vapor manufacturers,
– reevaluate Deeming Rule’s policies on vapor products, cigars and OTP,
– promulgate regulations and final guidances for PMTA, MRTP and SE applications,
– promulgate rules on “kid-appealing” flavors in tobacco/vapor products (after FDA and its funding recipients falsely claimed, since 2009, that flavorings are marketed to youth),
– promulgate more rules and standards for ENDS (vapor products), and
– mandate low nicotine cigarettes (which would increase harms for many/most smokers, and would create an enormous black market for cigarettes).

News articles on FDA Commissioner Scott Gottlieb’s announcement

Altria responds to Scott Gottlieb’s announcement

Clive Bates: Huge FDA announcement on future tobacco and nicotine strategy


UK Government’s new tobacco control plan calls for further reductions in cigarette smoking, advocates vapor and other low risk smokefree alternatives for smokers

Clive Bates: English tobacco control plan embraces tobacco harm reduction – world first

UK urges employers to allow employees to vape at work to reduce smoking rate

Mental health Trust in Leicestershire is using e-cigarettes as a tool to go smokefree

Christian Mulcahy: Brexit is Britain’s change to cut red tape on vaping and go cigarette free by 2022

Andrew Orloski: UK government’s war on e-cigs is over

THR Business

Altria reports 4.5% US cigarette industry shipment volume decline in 2Q17, and a 3.5% decline in the first half of 2017; reports adjusted 5% PM USA cigarette volume decline in 2Q17, and a 4% decline in PM USA volumes in first half of 2017; reports 1.4% increase in USSTC smokeless tobacco volume in 2Q17, and a 1.7% decline for first half of 2017.

Philip Morris International reports 9.4% decline in cigarette shipment volume in first half of 2017, reports increase in heated tobacco shipment volume from 1.2 billion units in first half of 2016 to 10.8 billion units in first half of 2017

British American Tobacco completes acquisition of Reynolds American

PMI to convert cigarette factory in Romania into Smoke-Free product facility

The future of cannabis is vaping – here’s how it works

More FDA Deeming Regulation/Ban

Obama appointed Judge Amy Berman Jackson upholds Obama’s FDA Deeming Ban, rejects lawsuit filed by Nicopure Labs and Right to Be Smoke-Free Coalition

Six Big Pharma funded vapor prohibitionists (CTFK, ACS, AHA, ALA, AAP, Legacy lies initiative) file “Motion to Intervene” in the Cyclops Vapor 2, LLC vs FDA lawsuit challenging FDA’s Deeming Rule, request to be named as Defendants in the suit, claim Trump’s FDA/DOJ have not adequately defended the case, lie to court about TCA, FDA’s Deeming Regulation and vapor products (similar to lies in their 2009/10 amicus briefs filed with the federal court defending FDA’s unlawful 2009 e-cigarette ban).

Six anti-tobacco/vapor extremists (CTFK, ACS, AHA, ALA, AAP, Legacy lies initiative) file “Motion to Intervene” in the cigar industry’s lawsuit challenging FDA’s Deeming Rule, request to be named as Defendants in the suit, claim Trump’s FDA/DOJ are not adequately defending the case.

“In recent months, however, it has become apparent that Defendants (the government) may not adequately defend the Deeming Rule and may seek to weaken or rescind it.”

Duncan Hunter commentary: To vape or not to vape? Yes – It’s a safer alternative

Electronic Vaping Coalition of America urges FDA’s Scott Gottlieb to support Duncan Hunter’s bill to repeal and replace FDA’s Deeming Ban

Hartland, WI sends another letter to FDA Commissioner Scott Gottlieb regarding FDA’s failure to coordinate the Deeming Regulation process with local government

Citizens Against Government Waste’s Elizabeth Wright: The FDA should pave the way to tobacco harm reduction

Brian Fojtik: Democrat Attorney General encourages FDA to reconsider e-cigarette regs

National Tobacco Reform Initiative (including proponents of the cigarette and pharma protecting Tobacco Control Act: ACS’s Allan Erickson, John Seffrin & Tom Glynn, CDC OSH’s Don Shopland, AHA’s Scott Ballin, Iowa AG Tom Miller, Rosswell Park’s Mike Cummings) urge FDA Commissioner Scott Gottlieb to halt implementation of Obama’s FDA vapor Deeming ban (set for November 8, 2018), to implement policy changes to preserve and expand the thriving market for vapor and other THR products, and to reinterpret and/or amend the TCA to allow and encourage THR products to compete against far more harmful TCA grandfathered cigarettes to reduce smoking.

Clive Bates: Two letters show a new front opening in US Public Health

AEI’s Brill/Satel/Veager: Hands off e-cigarettes: Why more regulations make no sense

THR prohibitionists and propagandists at Greenwall funded O’Neill Institute advocate more disastrous anti-THR policies for FDA under the deceitful guise of “bioethics”

Long time THR prohibitionist Eric Lindblom (who worked at CTFK to lobby for the TCA, and worked at FDA to ban new THR products and ban truthful claims about THR products) advocates more disastrous anti-THR policies at so-called E-cigarette Summit.

FY 2018 House Agriculture Appropriations bill includes Cole/Bishop language

House Appropriations Committee Markup session 7/12/17

FY 2018 House Agriculture Appropriations bill is at (see Section 753)

US Rep. Nita Lowey (D-NY) offers amendment (during US House Appropriations Cmte markup session) to keep Obama’s FDA Deeming Rule (that bans the sale of >99.99% of vapor product sales to adult smokers and vapers on November 8, 2018), Reps. Lowey, Rosa DeLauro (D-CT), Jose Serrano (D-NY), Lucille Roybal-Ballard (D-NY) and Debbie Wasserman-Shultz (D-FL) repeat false fear mongering claims about vaping and FDA’s vapor Deeming ban; Reps. Robert Aderholt (R-AL), Sanford Bishop (D-GA), Tom Cole (R-OK), Andy Harris (R-MD) speak against Lowey’s amendment and tell truth about vaping; Committee rejects Lowey amendment 31-21, then approves bill.

Big Pharma shill CTFK and its partners (ACS, AHA, ALA, AAP, etc.) lie to US House Appropriations Committee about FDA’s Deeming Regulation (that bans sales of >99.99% of lifesaving vapor products, and many/most cigars and pipe tobacco products on 11/8/2018), the Cole/Bishop language in the House Agriculture Appropriations bill, and about lifesaving vapor products, low risk cigars, flavorings and children

Mike Siegel: Campaign for Tobacco Free Kids is deliberately lying to the public

Big Pharma funded ALA’s Harold Wimmer keeps lying about Obama’s FDA Deeming Regulation, and about the Cole/Bishop language in the House Appropriations Bill

ABC News: House panel seeks to block FDA ‘vaping’ rules (in fact, the Cole/Bishop amendment would just move the TCA’s 2/15/07 grandfather date to 8/8/16 for newly deemed tobacco/vapor products, but would implement all other FDA Deeming Rules)

AP headline falsely claims Cole/Bishop amendment would exempt e-cigs from FDA regs

More US Budget

Former CDC Directors Tom Frieden and Bill Frist (in op/ed opposing US House Appropriations bill’s budget for CDC) falsely claim it “would result in at least 15,000 additional, avoidable deaths per year” from tobacco and “would be public health malpractice”. But Tom Frieden’s fear mongering lies about lifesaving vapor products, his lobbying for FDA’s vapor Deeming ban, and his/CDC’s funding of state/local health depts to unlawfully lobby (with US funds) to ban vaping in workplaces was the worst public health malpractice in US history.

Big Pharma funded vapor prohibitionists at CTFK criticize US House Approps Cmte for cutting funding for CDC’s abstinence-only quit-or-die anti tobacco/vaping propaganda

US Healthcare Reform Legislation

Big Pharma finance CTFK urges defeat of US Senate GOP healthcare bill because it cuts funding for CDC’s anti-vaping and anti-THR lobbying and propaganda campaigns, and reduces subsidization of ineffective Big Pharma smoking cessation drugs by taxpayers and healthcare insurance policy holders

FDA’s proposed NNN standard to ban vast majority of smokeless tobacco products

Clive Bates and David Sweanor submit excellent comments opposing FDA’s proposed NNN standard for smokeless tobacco products (that could ban >95% of the products)

Clive Bates: Reckless and pointless at the same time – FDA proposes NNN standard for smokeless tobacco

CASAA submits comment to FDA opposing agency’s proposed NNN standard for smokeless tobacco products

USDA’s Chief Economist Robert Johansson criticizes FDA’s proposed NNN standard for smokeless tobacco products and FDA’s failure to estimate its costs on farmers

Carl Phillips – FDA’s proposed smokeless tobacco nitrosamine regulation: innumeracy and junk science (Parts I, II and III)

Carl Phillips: FDA’s proposed smokeless tobacco nitrosamine regulation: innumeracy and junk science (postscript)

Bill Godshall and Smokefree Pennsylvania urge FDA to withdraw its proposed NNN standard because the rule would ban the vast majority of smokeless tobacco products

Scott Ballin’s comments opposing FDA’s proposed NNN standard for smokeless tobacco

Brian Fojtik: The proposed tobacco product standard for NNN level in smokeless tobacco should be withdrawn

Brad Rodu: Problems multiply for proposed FDA smokeless tobacco rule

Proposed FDA rule may force some smokeless products off shelves

More FDA

FDA sends warning letter to Kretek International informing them that four of their smokeless tobacco products are “adultered” because FDA did not issue a “marketing authorization order” (i.e. didn’t approve a PMTA) and didn’t approve them as SE (to a product on the market on February 15, 2007); FDA also warns Kretek International that nine of their dry snuff products are “misbranded” because they don’t contain the warning: “Sale only allowed in the United States”

FDA issues age calculator for tobacco and vapor retailers (two decades after tobacco retailers began using the industry’s We Card program for minimum age verification)

FDA makes more materials available from PMI’s 2+ million page MRTP application for IQOS, deadline for public comments is December 12, 2017

Heat-not-burn studies remain cloaked: PMI documents on IQOS heavily redacted


DHHS Secretary Tom Price appoints Brenda Fitzgerald, MD as CDC Director and ATSDR Administrator

CDC PHHS Block Grant used by South Carolina to promote “tobacco-free policies” deceive church members to believe all tobacco use (and vaping) is as harmful as cigarette smoking, to lobby for banning all tobacco use (and vaping) on church properties, and to refer smokers to smoking cessation services that hawk Big Pharma drugs

US DHHS Lies about THR

Wall St. Jrnl article exposes decades of lies by CDC and NIH about exponentially less harmful smokefree alternatives as DHHS continues to promote quit-or-die abstinence-only policies on America’s 35 million cigarette smokers.

Bethea Klaykamp: Objectivity and Evidence in the 2016 Surgeon General’s Report on E-cigarettes

US DOT Airline Vaping Ban

Federal Appeals Court Panel upholds Obama’s DOT’s false redefinition of “smoking” to include smokefree vaping to uphold DOT’s airline vaping ban$file/16-1128.pdf

CEI says court ruling on e-cigarettes could set dangerous precedent (i.e. allowing US government agencies to change definitions of words to expand their legal authority)

Cigarette Smuggling / Untaxed Cigarettes

US Senate Helsinki Commission Hearing: A Hazy Crisis: Illicit Cigarette Smuggling in the OSCE Region, with Dave Sweanor, PMI

Who gets to sell cigarettes without taxes? (Canada and US)


Court upholds $28M verdict in Connecticut smoker case

Florida jury holds Reynolds liable for $1.65 million for lung cancer death–morgan-wins-165m-verdict-scores-major-victory-against-big-tobacco-300491180.html


Smokefree Pennsylvania letter urges PA House and Senate leaders to oppose effort to further increase PA’s 40% tax on e-liquid (by changing it to a $.075/ml tax on e-liquid) by Kinser Group lobbyists, the Vapor Technology Association, and two board members of the PA Vape Association (who have falsely told PA legislators that changing the 40% tax to a $.075/ml would reduce taxes on PA vape shops). Reynolds and other tobacco companies are also lobbying PA legislators to change PA’s 40% vapor tax to a per ml tax on e-liquid because doing so would reduce vapor taxes on cigalike e-cigs by 95%-98%.

Tax equivalence charts compare ad valorem (% of price) tax rates to per ml tax rates.

Federal judge says PA can’t dismiss vaping tax lawsuit

Delaware to tax vaping products (at $.05/ml for e-liquid)

Tax Foundation posts slightly outdated (1/1/2017) map of vapor taxes in the US

Flavoring Bans

Regulator Watch: Stained Legacy / San Francisco abandons principles w. e-cig flavor ban

(Brent Stafford interviews THR activist Damon Jacobs)

Let’s Be Real San Francisco launches referendum campaign to repeal flavored vapor, cigarette and OTP ban

Minneapolis (MN) Council vote on menthol flavoring ban delayed

Vaping Bans

Legacy lies initiative gives Millions of dollars to 135 black colleges to ban the use of lifesaving vapor products and very low risk smokeless tobacco products, and to decieve faculty, staff and students to believe smokefree alternatives are as harmful as cigarettes

Itasco County (MN) considers banning vaping in workplaces

NY Gov. Cuomo signs bill banning vaping at all K-12 schools

Minimum Age

New Jersey Gov. Christie signs bill (after vetoing a similar bill last session) that raises minimum age for vapor and tobacco product sales to 21 years (to further deceive the public to believe that lifesaving vapor products are just as harmful as cigarette smoking);

NJ becomes third state (HI & CA) to raise minimum age to 21 for tobacco and vapor.

Maine Governor Paul LePage vetoes bill (LD 1170) that would have raised the minimum age for tobacco and vapor product sales to 21

Oregon Senate approves bill (SB 754) to increase minimum sales age for tobacco and vapor products to 21, sent to Governor

Douglas (AZ) passes ordinance raising minimum age for tobacco and vapor product sales to 21, becomes 2nd municipality in AZ to do so.

St. Louis Park (MN) increases minimum age for tobacco and vapor product sales to 21, becomes second city in MN to do so

Central Illinois health officials urge companies to protect cigarettes by banning vaping

Outdoor Smoking/Vaping bans

Buffalo (NY) bans smoking and smokefree vaping at city parks

Indianapolis/Merion County (IN) Council to consider bill to ban smoking at parks (and likely vaping, since their indoor smoking ban defined smoking as including vaping)


Clive Bates: Time for the government of Sweden to get behind snus and tobacco harm reduction


Jeruselem Post editorial equivocates about PMI’s IQOS by citing junk studies and inaccurate comments by THR opponents (Israel)

Dave Sweanor: Potential for breakthrough: The need for a new vision for the use of nicotine (Israel)


Clive Bates: Challenging the prohibitionists – a submission to Australian parliamentary inquiry into e-cigarettes

Support grows to legalize e-cigarettes in Australia

Psychiatrists want e-cigarette ban lifted saying patients are dying early

Doctors plead for e-cigarette reforms

E-cigarettes pose health policy conundrum as Australia faces vaping push

Philip Morris International tells the truth about vapor products and Australia’s plain cigarette packaging law, while vapor prohibitionists and plain packaging activists Simon Chapman and AMA’s Michael Gannon criticize PMI for supporting the public health campaign to legalize lifesaving vapor products.

Terry Barnes: Vaping, Big Public Health and the new McCarthyism

Mike Siegel: Position of Australian Medical Association (and many US health groups) on vaping is just plain evil

Vapor prohibitionists Chapman, Daube, Bareham and Peters send 93 pages of junk science, propaganda and lies to Australian government to deceive and scare them into keeping lifesaving vapor products banned (which protects cigarette markets).

Attila Danko: Is Simon Chapman dancing to the tune of Big Tobacco?

Dick Puddlecote: World class straw clutching (exposes Simon Chapman’s lies)

Hong Kong

Hong Kong considers banning nicotine free vapor products (after banning nicotine vapor products in 2009) due to lies by irreconcilably conflicted vapor and vaping prohibitionists


US PR agency hypes Philippine legislator’s deceitful effort to protect cigarettes by urging vaping ban and severe restrictions on vapor advertisements and sales


WHO continues protecting deadly cigarettes, threatening lives of smokers by advocating indoor vaping bans

Bloomberg financed WHO report deceitfully and repeatedly conflates far less harmful tobacco products with deadly cigarettes in 135 page report to deceive politicians, news media and the public to believe that all tobacco products are just as harmful as cigarettes; repeats false accusations about tobacco industry, which unlike WHO, supports THR

Stupid lazy news media repeat Bloomberg financed WHO lies about tobacco and tobacco industry, fail to do any fact checking.

Teen Health Surveillance

Brad Rodu: Drinking, Bingeing and Toking More Popular Than Smoking Among Teens in 2014

Health Education and Advocacy

New Nicotine Alliance talks to EcigClick

Michelle Minton – Fears Aren’t Facts: E-cigarettes

Regulator Watch: Vapers Voice / Regulation, Advocacy and the Coming Boom (Canada)

Chip Franklin interviews Dave Sweanor on vaping

Brad Rodu: The illogic of condoning vaping & condemning smokeless – both are safer for smokers

Kevin Crowley: Nicotine is NOT addictive

Dave Sweanor: Dragons and Dragon Slayers: TEDxHongKong


Global Tobacco and Nicotine Forum 2017 to be held on September 12-14 in NYC

71st Tobacco Science Research Conference to be held on September 17-20 in Bonita Springs, FL

WHO FCTC COP8 extremist conference to be held Oct 1-6, 2018 in Geneva

THR Research

New study finds US smoking cessation rate increase in 2014/15, attributes it to vaping–aaq072417.php

More Junk Science, Propaganda and Lies

Joel Nitzkin exposes the deeply flawed research methods (er misconduct) used in DHHS funded junk studies claiming e-cigarette experimentation leads to cigarette smoking among teens and young adults (and the so-called meta study by Soneji et al of many junk studies): Soneji responds by misrepresenting Nitzkin’s criticisms, by defending the many deeply flawed research methods, and by repeating false claims about vaping.

Joel Nitzkin also sent the following letter to JAMA Pediatrics, which refused to publish it, documenting the journal editor’s contempt for truth, science and public health

Reuters headline and article grossly misrepresents the WHO FCTC COP meeting in Delhi (where WHO banned public health advocates and the news media, and where vapor prohibition laws, plain packaging tobacco laws, and censoring tobacco companies from public policy processes were all advocated), demonizes 2014 PMI power point that opposed vapor product bans (which protect cigarettes), taxing all tobacco products the same rate as cigarettes (which discourage smokers from switching to low risk products), plain packaging tobacco laws (that didn’t reduce cigarette smoking in Australia), point-of-sale tobacco display bans (that prevent customers from seeing products), excessive health warning sizes (that aren’t necessary) and ingredient bans (e.g. flavors, nicotine).

Vaping prohibitionist Michael Bloomberg’s foundation funds The Guardian (UK) to lie about tobacco and vapor products, THR policies in the US, politicians, and other things

Vapor prohibitionist US Sen. Richard Blumenthal (D-CT) and Bloomberg funded article in The Guardian (UK) accuse VP Mike Pence, DHHS Secretary Tom Price, and other Trump appointees of tobacco industry ties, but fail to acknowledge Blumenthal’s efforts to ban lifesaving vapor products and lies about vaping (since 2009) protected cigarettes.

Vaping prohibitionist Michael Bloomberg funded Bloomberg American Health Initiative Director Josh Sharfstein (who, as FDA Deputy Commissioner, unlawfully banned lifesaving vapor products and lied about them in 2009/10) hires Michelle Spencer as Associate Director, touts new program that includes reducing drug addictions.

Washington Post editorial falsely attributes decline in youth smoking to Obama DHHS’ abstinence-only anti-vaping policies and propaganda

FDA/NIH/Legacy/CA DPH funded vapor prohibitionist Stan Glantz claims best way to continue reducing smoking is by further increasing cigarette taxes, further extending smoking bans and advertising bans, and banning smoking in movies and other media (but not keeping lifesaving vapor products legal for adult smokers and vapers)

Mike Siegel: American Lung Assocation guilty of public health malpractice

FDA/NIH funded activists at Univ of Louisville find mostly truthful health claims about vaping on YouTube, but then conclude “Future research is necessary to assess the implications of claims promoting e-cigarettes as better than traditional cigarettes on audience perception and use.”

William Mauro repeats many false fear mongering claims about vaping, grossly misrepresents the scientific and empirical evidence

Mike Siegel: Yet another group of anti tobacco researchers encourage lying to kids about relative health effects of vaping

Tobacco Control publishes another junk study claiming e-cig use by teens leads to cigarette smoking, as study authors intentionally omitted all smokers who subsequently began vaping to deceive readers.

FDA funded activists continue lobbying FDA to mandate very low nicotine cigarettes by confusing readers about the disastrous impacts of their cigarette prohibition policy


Bill Godshall
Executive Director
Smokefree Pennsylvania

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