Altria lobbyists and Rep. Tom Cole exclude predicate date change for vapor products from new Cole-Bishop amendment to the 2019 Federal Spending Bill (that was approved last week by the US House Appropriations Cmte), include even more unwarranted tobacco regulations for vapor products (in addition to the Deeming Rule’s vapor sales bans on 8/8/2016 and 8/8/2022), would allow SE for Big Tobacco’s PMTA approved products, exempt premium cigars from Deeming Rule, and change the 2007 predicate date for other cigars and pipe tobacco to 4/25/2014.
During US House Approps Cmte markup session on Ag Approps bill, Rep. Tom Cole misrepresents new Cole-Bishop amendment, while Reps. Nita Lowey (D-NY), Lucille Royball-Allard (D-CA), Chris Stewart (R-UT), Debbie Wasserman Schultz (D-FL) and Rosa DeLauro (D-CT) repeat fear mongering lies about vaping and teens
appropriations.house.gov/videos/?VideoID=Cyb7zmeTcKw (starts at 2:41:00)
Charlie Minato: Premium cigar exemption, predicate date change (for cigars and pipe tobacco) included in FY 2009 Agriculture Appropriations Bill (includes Section by Section summary of new Cole-Bishop amendment to bill, Godshall comments).
Congressional House Democrats gathering signatures on a letter to urge FDA’s Gottlieb to ban sales of flavored vapor products (but not far more harmful menthol cigarettes)
FDA Deeming Rule Litigation
Azim Chowdhury and Eric Gotting: FDA and Supporting Amici File Briefs in Deeming Rule Appeal; Vapor Industry Responds
Charlie Minato: DC Court rules in favor of FDA in cigar regulation lawsuit
Charlie Minato: Seven things: What’s next for cigar regulation after the DC Court Ruling
Charlie Minato: FDA loses motion, Texas cigar lawsuit to stay in Texas
Lauren Greenberg – The “Deeming Rule”: The FDA’s destruction of the vaping industry (argues that FDA’s Deeming Rule violates the Administrative Procedure Act
FDA Rejection of SE for Smokeless Tobacco Product
Brad Rodu: FDA block consumer access to new smokeless products
FDA Deeming Rule Compliance
FDA to require larger false addiction warnings on vapor product packages and advertisements (since harm to user is a prerequisite for an addiction) than the truthful disease warnings on cigarette packages and advertisements by August 10, 2018. FDA also requires two false addiction warnings on every vapor package, including cylinder shaped bottles of e-liquids that only have on side (see page 6-9) to display the warnings (as FDA incorrectly presumed that vapor packages resemble cigarette packages when drafting its so-called Guidance for Industry).
FDA revises its Guidance for Ingredient Registration of Deemed Tobacco Products (including vapor); exempts components that sold or distributed for further manufacturing (i.e. aren’t packaged for final sale to customers), including electronic components, batteries, chargers, software, cartomizers, coils, wicks, tanks and drip tips; allows a single listing of ingredients for vapor products with identical compositions (e.g. same e-liquid product in different size bottles)
US Sen. Chuck Schumer and FDA’s Scott Gottlieb generate massive free advertising for JUUL (albeit via criticism), fuel five-fold sales increase for JUUL since October.
10/15/2017 – US Sen. Chuck Schumer (D-NY) launches first attack on JUUL when it became the largest selling vapor product in the US (with nearly $4 million in weekly sales). Weekly sales of JUUL are now above $20 million in the US.
4/7 – Legacy survey finds 12% of 18-24 year old adults have ever used a JUUL, and 7% of 15-17 year olds have ever used a JUUL (hardly the teen JUULING epidemic that Legacy claims)
Clive Bates: The US media is losing its mind over vaping and JUUL – the questions a credible journalist should ask
Carl Phillips: NYT anti-vaping op/ed is a portrait in inexpertness and dishonesty
Steve Birr: Hysteria over vaping goes to new levels as media calls JUULING the new youth epidemic
Sally Satel: Why the panic over JUUL and teen vaping may have deadly results
Steve Birr: Crusade against vaping and JUULING continues as smoking rates plummet
FDA’s Scott Gottlieb fails to correct false claims by vapor prohibitionist Nita Lowey (D-NY) about teen vaping and use of JUUL, but doubles down by claiming ‘We are going to take some vigorous enforcement steps to try to perceive what we see is inappropriate use by youth,’
Iowa AG Tom Miller: JUUL offers opportunity to reduce smoking rates
4/18 – 11 Democrats in US Senate (most of whom lied about vaping to lobby Obama’s FDA to protect cigarettes by banning sales of vapor products to adults) falsely accuse JUUL of addicting teens to a dangerous product (despite no evidence JUUL has harmed anyone, and despite no evidence JUUL has created nicotine dependence among nonsmoking teens), deceitfully conflate the very low risks of vaping with the lethal risks of cigarette smoking, refuse to acknowledge that vaping has repeat the same false claims to lobby FDA’s Scott Gottlieb to again ban sales of JUUL (and all other lifesaving vapor products) to adults.
Fortune article makes many false fear mongering claims about JUUL without any fact checking
Vapor prohibitionists CTFK, ACS, AHA, ALA, AAP, Legacy (that lobbied, and then sued FDA to ban sales of all lifesaving vapor products to adults on August 8, 2018) keep lying about JUUL and teen vaping, send letter to FDA’s Gottlieb the same day as their Senate Democrat allies sent a letter to Gottlieb that also lied about JUUL and teen vaping) urging him to reinstate Obama’s FDA and Mitch Zeller’s August 8, 2018 vapor sales ban to US adults.
Carl Phillips: Tobacco controllers pump JUUL. Are they acting out a fairytale?
Brad Rodu: FDA is targeting e-cigarette retailers, but they’re not teens’ primary e-cigarette source (reveals PATH data finding just 9.9% of past-30-day teen e-cig users bought an e-cig, and that more teens have used alcohol and marijuana than e-cigs in the past-30-days)
Chuck Dinerstein: E-cigarettes, JUUL and the FDA – Seeing Through Smoke and Mirrors
4/24 – FDA’s Scott Gottlieb protects cigarettes with unscientific nonsensical attack on JUUL, caves into fear mongering lies by anti vaping extremists funded by Big Pharma and DHHS that have been further embellished and widely repeated by the news media without any fact checking
FDA sends letter to JUUL demanding virtually every document from the company because its lifesaving product is driving down cigarette sales and the value of tobacco companies
FDA to encourage millions of more youth to try vaping with new online video and radio ads that demonize and lie about vaping and nicotine, clueless regulators fail to realize that turning vapor products into forbidden fruit for teens only encourages naturally curious adolescents to vape.
4/24 – FDA sends warning letters to 40 retailers (mostly c-stores) for selling JUUL to a minor
Carl Phillips: FDA joins orchestrated attack on JUUL, or did they start it?
Brent Stafford: FDA Crackdown / JUUL Targeted for Teen Use (interviews Carl Phillips)
Steve Birr: JUUL commits $30 million over three years to curb youth vaping (in response to false accusations about JUUL by Big Pharma funded vapor prohibitionists and their Congressional Democrat and news media allies, and FDA Commissioner Scott Gottlieb
SFATA webinar “The FDA is Coming” Webinar; Schell Hammel, Azim Chowdhury, Daniel Rubenstein inform vapor manufacturers and retailers on compliance with FDA Deeming Rule
4/30 – US Sen. Richard Blumenthal (D-CT) calls for FDA to ban sales of JUUL and other so-called kid friendly flavored vapor products (despite no evidence the products are marketed to youth). Note that Blumenthal has lied about vaping and advocated vapor bans since 2009.
More news articles repeat false accusations about JUUL without any fact checking.
5/6 – US Senate Minority Leader Chuck Schumer (D-NY) sends FDA’s Gottlieb another letter repeating false fear mongering claims about JUUL (but providing no evidence), once again urges Gottlieb to ban so-called “kid-friendly” flavorings
Steve Birr: Schumer claims vape flavors are a ‘disaster that is fueling addiction’
CTFK, ACS, AHA, ALA repeat lies about JUUL, again urge FDA to ban flavored vapor products, repeat call for FDA to ban all vapor product sales on 8/8/2018.
Mike Siegel: E-cigarette opponents still make up false “facts” to demonize vaping
Sally Satel: Vapin’ in the Boys’ Room: The moral panic over teens and e-cigarettes is clouding judgment
5/14 – US Sen. Chuck Schumer (D-NY) launches yet another media attack against JUUL
Steve Birr: Sen Schumer attacks vape company disrupting Big Tobacco’s cigarette trade
Steve Birr: Vaping hysteria causes schools to remove bathroom doors
5/17 – FDA requests information from four more vapor manufacturers (besides JUUL) whose products contain high nicotine levels (but not those sold by tobacco companies), publicly insinuates (without providing evidence) the companies and JUUL are marketing to youth;
FDA/FTC Ban 13 Vapor Products
5/1 – FDA & FTC ban vapor products manufactured/marketed by 13 companies (by declaring them misbranded tobacco products due to false or misleading labeling and/or advertising) the agencies claimed were marketing to youth (despite no evidence the products were ever sold to or used by youth); FDA/FTC press release and warning letters make false fear mongering claims about nicotine and tobacco use, moralize against all teen nicotine use (except Big Pharma NRT)
AEMSA responds to FDA/FTC actions
AVA responds to FDA/FTC actions
Carl Phillips: FDA jumps the shark with claim about misleading packaging
FDA’s ANPR for Cigarette Prohibition
Guy Bentley: Prohibition all over again – this time, for cigarettes
DOJ and three large cigarette companies (Altria, BAT/Reynolds, Imperial) agree that companies will post corrective statements on their websites by June 18, and will begin posting them on cigarette package onserts by November 21.
Bloomberg to Give $20M More to Anti-THR Activists
Bloomberg offers $20M (via STOP) to THR prohibitionists to tell more lies about low risk THR products and tobacco companies, lobby for more laws that protect cigarettes and harm smokers (by banning low risk THR products as tobacco companies increasingly market them to smokers)
DC City Council increases cigarette tax (from $2.50 to $4.50/pack), increases wholesale vapor tax to above 90%
Vermont legislature approves budget bill (HB 922) that includes a 46% wholesale tax on all liquid containing vapor products.
CASAA asks VT vapers to urge Governor Phil Scott to veto tax on vapor products
Hawaii legislature adjourns without passing bill (SB 2654) that would have imposed a 70% tax on e-liquid and would have banned online vapor/tobacco product sales)
CASAA had asked HI vapers to urge legislators to reject SB 2654
Brad Rodu: Kentucky adopts rational tobacco tax (i.e. hikes cigarette tax by $.50/pack, but doesn’t increase taxes on far lower risk vapor or smokeless tobacco products)
(Note that several news articles inaccurately claimed that KY also imposed a tax on e-cigs)
California Dept. of Tax and Fee Administration announces the CA’s vapor and OTP tax will change to 62.78% (from 65.08%) on July 1
Maria Verven: All Over the Map (Godshall, Conley & Blair on vapor taxation, pages 12-13)
Massachusetts House approves bill to increases minimum age for tobacco/vapor sales to 21; goes to Senate, which passed a similar bill in 2016.
Illinois Senate passes bill (SB 2332) to increase minimum age for tobacco/vapor sales to 21,
CASAAA asks IL vapers to urge IL House Cmte to oppose increasing age to 21 for vapor.
Connecticut legislature rejects increasing minimum age for tobacco/vapor sales to 21
Minneapolis (MN) City Council Cmte approves bill to increase minimum age to 21
Allegany County (NY) tables tobacco/vapor minimum age sales increase
Nassau County (NY) legislature considers increasing tobacco/vapor minimum age from 19 to 21
Skokie (IL) increases minimum age for tobacco/vapor sales to 21
Peorea (IL) increases minimum age for tobacco/vapor sales to 21
Alaska legislature amends and enacts smokefree workplace bill (SB 63) to also ban vaping (by redefining smoking as including smokefree vaping, including vapor products approved by FDA); enacts bill (SB 15) that redefines smokefree vapor products as “electronic smoking products” nicotine”, requires vapor retailers to post signs claiming they are “electronic smoking products”, criminalizes anyone under 19 from possessing them and “nicotine containing products”, imposes more penalties for vapor sales to minors under 19.
New Jersey bill (S 2534) introduced to ban smoking and vaping at all public beaches in NJ
Asbury Park (NJ) bans tobacco smoking and vaping (which NJ defines as smoking) on beach
Penn State University to ban vaping, smokeless tobacco use and smoking at all campuses
Workplace Vaping Bans
Unelected Florida Constitution Revision Commissioners ban vaping in all workplaces by attaching a totally unrelated vaping ban to a very popular Constitutional amendment proposal to ban offshore oil drilling that FL voters almost certainly will approve in November.
Capital Region District of British Columbia protects cigarettes, bans vaping in workplaces
New South Wales (Australia) Parliament and Health Minister protect cigarettes, make false fear mongering claims about vapor aerosol, ban vaping in workplaces and public places
Retailer Sign Law
Chicago enacts ordinance that makes many false claims about OTP, requires Health Dept to write and requires all tobacco/vapor retailers to post a warning sign about OTP that will likely make more false fear mongering claims about OTP (all of which are less harmful than cigarettes)
Anti-THR Laws in Europe
Christopher Snowdon – Nanny State Index 2018: Nicotine Supplement (analyzes, ranks 30 European nations [with Sweden 1 and Finland 30] based on vapor sales bans, vapor advertising bans, vapor taxes, vaping bans, snus sales bans, and heat-not-burn policies)
Canadian Parliament approves S-5, which purportedly protects youth and public health, but bans vaping in workplaces (by redefining smoking as including smokefree vaping), bans “lifestyle ads” for all vapor products and any ad that “could be appealing for young persons”, authorizes Health Canada to implement plain packaging for all tobacco and vapor products, bans virtually all vapor product sponsorships and promotions, bans truthful health claims comparing vaping to cigarette smoking, bans some flavorings in vapor products, and more.
David Sweanor testifies to Canadian Senate Cmte against anti-harm reduction clauses in S-5 and C-45, advocates rational tobacco and marijuana laws to reduce harms
Brent Stafford: Stiffling Debate / How B.C.’s Ministry of Health tried to scuttle dialogue on vaping (interviews David Sweanor )
Brent Stafford: Vape Much ‘Safer’, Says Public Health Policy Strategy (on BC vaping policy)
Brent Stafford: Watching the Watchers (interviews NNA’s Paddy Costall on Canadian policies that discourage smokers from switching to low risk vapor and other smokefree THR alternatives)
New Zealand Ministry of Health considers reduced risk regulations to legalize sales of vapor and heated tobacco products
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