Cole-Bishop Amendment to 2018 Federal Spending Bill
More than a dozen Big Tobacco funded organizations (led by ATR) urge Congress to include Cole-Bishop Amendment in 2018 Federal Spending Bill (which Congress must pass this month), falsely insinuate it would keep many/most 2016 vapor products legal to market beyond 2022.
While Cole-Bishop would keep some tobacco company 2016 e-cigs legal beyond 2022, it also:
– retains FDA’s Deeming Rule that bans >99.9% of vapor products (as <1% of vapor companies have ever submitted an SE report to FDA, and adequately prepared to do so on August 8, 2016),
– requires FDA to impose tobacco product standards that would ban many/most vapor batteries, characterizing flavors and anything else FDA desires in 2021 (a year before FDA’s 2022 ban),
– would sabotage efforts by THR and vapor advocates to rescind FDA’s cigarette protecting Deeming Rule, and replace it with reasonable and responsible vapor standards like those in Duncan Hunter’s bill (HR 2194).
Please see my January 9, 2018 post: Clarifying Cole-Bishop’s Impact on the Vapor Industry at
The Cole-Bishop amendment is Section 753 (pages 99-103) of the 2018 House Agricultural Appropriations Bill, with the amendment’s most impactful clause“below”
“(b)(1) Notwithstanding any other provision of law, not later than 21 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a notice of proposed rulemaking to establish a product standard for vapor products pursuant to section 907 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387g) to include but not limited to—
(A) characterizing flavors; and
(2) Notwithstanding any other provision of law, not later than 36 months after the effective date of this Act, the Secretary shall promulgate a final rule pursuant to such notice.”
Big Tobacco funded Vapor Technology Association (VTA) falsely claims Cole-Bishop amendment would PROTECT OUR CHILDREN, tries duping naïve vapor companies to urge Congress to include Big Tobacco’s Cole-Bishop amendment in 2018 Federal Spending Bill.
Big Tobacco funded VTA now falsely claims Cole-Bishop amendment would:
- PROTECT OUR CHILDREN (since the Deeming Rule already banned vapor sales to youth, 48 states banned sales to youth, and because Cole-Bishop would have virtually no impact on youth),
- Ban print advertising in all but adult-only publications (as Cole-Bishop’s definition of adult publications allows up to 15% youth readers, and up to 2 million youth readers),
- Ban self-service displays and vending machine sales (as Cole-Bishop allows self-service-displays and vending machine sales at retailers that don’t allow youth to enter),
- Ban sales of e-cigarettes in kiosks (as Cole-Bishop doesn’t ban vapor sales in kiosks),
- Require FDA to implement standards on flavors within 12 months (as Cole-Bishop requires FDA to propose tobacco product standards for characterizing flavors, batteries and any other vapor standard FDA wants within 21 months, and requires FDA to issue a final rule within 36 months),
- Protect children by restricting youth access (as Cole-Bishop doesn’t restrict youth access), and
- Provide strict standards for product safety to ensure the well-being of all adult customers (since the FDA tobacco product standards mandated by Cole-Bishop would ban many/most vapor products a year before FDA’s 8/8/2022 vapor sales ban, and since the tobacco product standards would ban many/most vapor products have been protecting millions of adults from cigarettes).
VTA also falsely claims Vapor Technology Association has worked aggressively to restrict marketing and teen access to vapor products (as the two-year-old VTA has never worked to restrict marketing and teen access to vapor products).
Vaping 360 article falsely claims Cole-Bishop amendment can save vaping industry, urges vapers to contact Congress, fails to reveal that Big Tobacco has been funding the groups lobbying Congress to include Cole-Bishop Amendment in 2018 Federal Spending Bill.
In December, VTA also made many false claims about Cole-Bishop to deceive vapor companies, and to dupe them into urging Congress to include Cole-Bishop in the 2018 Federal Spending Bill
My January 9, 2018 post exposing those false claims by VTA about Cole-Bishop is at:
Altria’s UST Sues FDA Over Substantial Equivalence (SE)
Altria’s UST sues FDA challenging agency’s Not Substantial Equivalence (NSE Orders) for several Copenhagen smokeless tobacco brands, company claims products are Substantially Equivalent (SE) to products that were on the market February 15, 2007.
FDA Deeming Rule Litigation
Azim Chowdhury/Eric Gotting: Amicus briefs filed in support of Deeming Rule appeal by Washington Legal Foundation, NJOY, CASAA, the State of Iowa, Clive Bates, et al.
Five amicus briefs filed in support of appeal by Nicopure Labs and Right to Be Smoke Free Coalition in lawsuit challenging FDA’s cigarette protecting Deeming Rule
(by Clive Bates and Additional Public Health/Tobacco Policy Authorities, including Godshall)
www.clivebates.com/documents/Amicus/Iowa.pdf (by State of Iowa)
www.clivebates.com/documents/Amicus/WLF.pdf (by Washington Legal Foundation)
www.clivebates.com/documents/Amicus/Brief.pdf (opening brief by Appellants Nicopure Labs and Right to Be Smoke Free Coalition)
www.clivebates.com/documents/Amicus/Issues.pdf (Appellants Statement of Issues)
NJOY joins fight to have unfair FDA rules overturned
Iowa AG urges appeals court to overturn FDA rule governing e-cigarettes
Carl Phillips: Could restriction on vape flavors violate the first amendment?
Steve Birr: Advocates urge FDA to kill rule blocking vape shops from speaking about health benefits of vaping
Todd Gaziano & Tommy Berry: Career civil servants illegitimately rule America (Pacific Legal Foundation’s lawsuit challenging the legality of the FDA’s cigarette protecting Deeming Rule)
FDA’s Plans to Create Black Markets for Lifesaving Vapor Products and Deadly Cigarettes
FDA’s Scott Gottlieb presents at SRNT conference (where DHHS funded most presenters):
– defends/promotes Obama’s FDA Deeming Rule (that banned sales of new vapor products on 8/8/2016, banned truthful vapor health claims, and is set to ban all vapor sales on 8/8/2022),
– falsely claims FDA programs (that hawk Big Pharma drugs) have reduced youth smoking, repeatedly claims nicotine and tobacco are addictive (as cigarette addiction kills 480,000/year),
– falsely claims the 2009 Tobacco Control Act’s sales ban on new low risk smokefree products and costly PMTA mandate was meant to encourage the development of new low risk products,
– criticizes vapor industry because many teen smokers switched to vaping (which caused teen smoking to plummet) and because some nonsmoking teens experiment with vaping,
– cites soon to be issued ANPRMs for tobacco/vapor flavoring bans, cigar rules, and banning virtually all nicotine in cigarettes (i.e. cigarette prohibition).
SG Jerome Adams’ presentation at Big Pharma/DHHS dominated SRNT conference fails to mention tobacco harm reduction (even though Adams advocates opioid harm reduction), falsely claims “nicotine is highly addictive – period” (as cigarette addiction kills 480,000/year), promotes tobacco cessation using Big Pharma drugs, more tobacco control propaganda and banning menthol cigarettes, praises Legacy lies initiative, falsely claims vaping leads to smoking for teens; SRNT moderator Judith Prochaska refuses to allow AVA’s Greg Conley ask question.
FDA releases more documents in PMI’s MRTP application for IQOS and Marlboro HeatSticks
FDA’s Gottlieb Tweets False Claims About Vaping
David Marcus: Kids should be told the truth about e-cigarettes (exposes and critiques recent false fear mongering and moralizing tweets about vaping by FDA Commissioner Scott Gottlieb)
National Tobacco Reform Initiative advocates THR
NTRI’s David Abrams: Smokers should use e-cigarettes if they cannot quit completely
National Tobacco Reform Initiative advocates for tobacco harm reduction
ACS Slightly Modifies its Anti-Vaping Policy
American Cancer Society board slightly changes its anti-vaping policy; finally admits e-cigs help people quit smoking and vaping is less harmful than smoking, but doesn’t apologize for lying about those things since 2009; claims to support smokers who quit by vaping, but still endorses FDA Deeming Rule (that bans sales of vapor products to adults, and bans truthful health claims about vapor products), workplace vaping bans, minimum age 21 laws for e-cig sales and so-called “appropriate taxation”; still falsely claims e-cigs lead to cigarette smoking and that nicotine harms brains and is addictive; endorses FDA’s cigarette prohibition policy proposal.
Anti THR writer Salynn Boyles hypes ACS vapor policy changes
Craver: E-cigs for smoking cessation? A cautious thumbs-up from American Cancer Society
Diane Caruana: American Cancer Society changes its position on e-cigarettes
Consumer Choice Center’s Jeff Stier comments on ACS changing its anti vaping policy
Bradley Fikes: E-cigarettes less harmful than smoking, says American Cancer Society
Steven Greenhut: Are health advocates finally wising up about the nature of risk?
BAT reports 2.6% cigarette volume decline in 2017, estimates 3.5% international volume decline for cigarette industry, reports huge sales increases for glo and BAT’s vapor products.
These household giants are being battered by technology (cites huge decline in Japan Tobacco cigarette sales as many smokers have switched to IQOS and other heat-not-burn products)
Two suicide attempts with nicotine at 23mg/kg and 30mg/kg (the latter after drinking 2,100 mg of nicotine e-liquid) result in cardiac arrest but not death, refute/disprove decades-old insistence by anti-nicotine activists and public health authorities that 60mg of nicotine (.8mg/kg) is the lethal dose (i.e. LD50) for half of adult humans.
Berndt Mayer’s 2014 article arguing the lethal dose of nicotine is much higher than 60mg is at
Analysis of FDA HINTS data finds just 3.4% of adult smokers in US know e-cigs are much less harmful than cigarettes, while 31.6% think e-cigs are less harmful than cigarettes; finds 52.5% of cigarette smokers inaccurately believe nicotine causes most cigarette cancers compared to 14.6% of vapers; finds 52.9% of all adults inaccurately believe nicotine causes most cigarette cancers, and that 21% didn’t know (i.e. that nicotine doesn’t cause cancer).
Richard Craver: Study finds majority of adults erroneously link nicotine to cancer
Brad Rodu – Federal Officials, Please Pay Attention to Federal Surveys: E-Cigarettes are Not Gateway Products (must read for anyone who cares about the truth and public health)
Steve Birr: Anti vaping efforts aided by ‘fawning’ media are ‘a national disgrace’ putting smokers lives at risk
CDC NHIS finds US adult cigarette smoking rate declined to 14.4% in first six months of 2017 (from 15.8% in 2016), another new record low; note that CDC redesigned the NHIS in 2016, which resulted in a small artificial bump in smoking from 2015 to 2016. (see Figure 8.1)
Analysis of 2014/15 CDC NHIS adult data finds:
– 12.1% (29.2M) smoked cigarettes daily, and 3.8% (9.08M) smoked cigarettes on some days,
– 2.3% (5.63M) used e-cigarettes daily, and 1.1% (2.76M) used e-cigarettes on some days,
– 58.4% of daily e-cigarette users also smoked cigarettes daily, and
– daily cigarette smokers and daily e-cigarette users had higher rates of alcohol consumption
Analysis of NSDUH data finds perceptions of cigarette smoking as a “great risk” declined from 2006 to 2015, authors fail to acknowledge the change was likely due to US DHHS’s unethical conflation of very low risk vapor and smokeless tobacco products and low risk cigars and hookah with deadly cigarettes).
CDC 2015 BRSFF data find highest rates of COPD in nonmetropolitan areas of Alabama, Arizona, Arkansas, Georgia, Kentucky, Maine, Michigan, Missouri, Ohio, Oklahoma, Tennessee and West Virginia; but CDC authors fail to acknowledge that smokers can sharply reduce their risks of COPD (and cancer and heart disease) by switching to vaping or smokeless tobacco.
CDC releases 2016 BRFSS data for adult cigarette smoking
MN survey finds record low 9.6% rate of past-30-day cigarette smoking in high school students; but MN Heath Dept and MN funded anti-tobacco group deceive lazy news media by claiming survey found teen tobacco use increased, demonize vapor products, flavorings and nicotine.
NC Health Dept finds record low 9.2% teen cigarette smoking rate, but complains to NC legislators that more teens now vape to lobby for funding for ineffective teen cessation programs
Farsalinos/Voudris: Do flavoring compounds contribute to aldehyde emissions in e-cigarettes?
Vapor researchers replicate previous study at www.ncbi.nlm.nih.gov/pubmed/2793427
(whose authors claimed flavored e-liquid created very high aldehyde emissions), but find the flavored e-liquid emitted exponentially lower levels of nontoxic aldehydes.
Isle of Man jail finds allowing inmates to vape resulted in (after 6 months):
– 42% drop in offender adjudication,
– 58% drop in behavior warnings,
– 50% drop in power outages,
– Annual saving of £8,500 on nicotine replacement therapy
Brad Rodu: Tobacco harm reduction research and funding draw ad hominem attack
Carl Phillips: Science Lesson: Scientific Inference and Its Abuse
Study finds e-cigarettes as acceptable and effective as NRT for nicotine replacement among alcohol dependent patients in a detoxification ward
BAT study finds smokers who switch to glo sharply reduce their exposure to toxicants
BAT study finds iFuse emits similar low levels of toxicants as BAT’s Vype e-cigarette
FDA/NIH study of NHIS data found non daily cigarette smokers have higher mortality risks than daily cigar and pipe smokers, exclusive cigarette smokers face far higher all-cause mortality risks and smoking cancer mortality risks than exclusive pipe smokers and exclusive cigars smokers, and that exclusive cigarette smokers account for 97.3% of exclusive tobacco product smokers; but authors fail to acknowledge these extremely important mortality risk differences, and instead unethically conflate lower risk cigar and pipe smoking with deadly cigarette smoking.
Reuters and HealthDay articles falsely claim study above found cigar and pipe smoking are as harmful as cigarette smoking; fail to read study, do any fact checking or interview experts.
Carl Phillips: New cigar research fails to understand that behavior matters
Sweanor: Tobacco control and the tobacco industry – a failure of understanding and imagination
David Nutt: E-cigs the ‘greatest health advance’ since vaccines
Public Health England – Creating a smokefree NHS: how e-cigarettes can help
PHE’s Martin Dockrell: Clearing up some myths around e-cigarettes
Nick Hopkinson: Making sense of e-cigarettes – Public Health England’s review of the evidence
Lynn Dawkins and Leonie Brose discuss findings of Public Health England’s new vaping report
UK House of Commons Science and Technology Committee held second evidence hearing on its E-cigarettes inquiry February 27
SRNT conference abstracts available (note that most studies were funded by DHHS)
Global Forum on Nicotine, BC Centre for Disease Control, and Canadian Drug Policy Coalition to host Tobacco Harm Reduction: different strokes for different folks, or a consistent approach?
April 9, 2018 in Vancouver (BC); event is free, but registration is required
Michael Bloomberg (who banned vaping in NYC workplaces in 2014, and who has given $1B to anti-THR activists who demonize and lobby to ban, tax THR products) sponsors WCTOH in South Africa this week, claims his anti-tobacco campaign is health advocacy.
Florida jury holds Reynolds liable for $19.5 million in damages for lung cancer death of smoker
Florida jury holds Reynolds liable for $24 million in damages for lung cancer death of smoker
Florida Appeals Court panel reinstates $2 million damage award against Philip Morris USA
Trial date set in Tony Gwynn wrongful death lawsuit against smokeless tobacco company
Utah House Committee votes 7-5 to recommend a 29% tax on vapor products (instead of the originally proposed 86%) in bill (HB 88) sponsored by vapor/vaping prohibitionist Paul Ray
Diane Caruana: The state of New Jersey is considering a 75% tax on e-cigarettes
Georgia House Subcommittee approves bill (HB 877) sponsored by Altria/PMI to tax FDA approved MRTPs at 50% of GA’s cigarette tax, Big Pharma funded ALA and ACS oppose the bill because it would impose a higher tax rate for deadly cigarettes.
South Dakota voters to determine (in November referenda) if cigarette tax will increase from $1.53 to $2.53/pack, and if OTP tax will increase from 35% to 55% of wholesale price
Duluth (MN) City Council bans sales of flavored tobacco and vapor products in all but 6 retail stores (that don’t allow youths in the stores), ignores pleas of Duluth retailers
Missoula (MT) City Council sends proposed workplace vaping ban ordinance back to committee
Age 21 Laws
New Hampshire Senate rejects bill to increase minimum age for tobacco/vapor sales to 21
West Virginia bills to increase minimum age for tobacco/vapor sales to 21 die in committee
Mankato (MN) City Council rejects bill to increase minimum age for tobacco/vapor sales to 21, also nullifies North Mankato’s ordinance
Westchester County (NY) bill would increase minimum age for sale of vapor and tobacco to 21, third bill introduced in county since 2014 to increase the minimum sale age to 21
Peoria (IL) bill would increase minimum age for sale of tobacco (and probably vapor) to 21
JL Turcotte: This product is less harmful than smoking, but we can’t tell smokers
Canadian House of Commons committee doesn’t allow Imperial Tobacco to testify on plain packaging bill, but invites testimony from anti-tobacco extremists who made many false claims
Health Minister open to further protecting cigarettes by further restricting e-cigarette ads
Jim McDonald: Russia may take a pro-vaping stance
NZ Ministry of Health takes Phillip Morris to court over IQOS
NZ Ministry of Health not enforcing vapor sales ban as legalization moves forward
West Australian vapers face $45,000 fine for possessing e-liquid (as cigarettes remain legal)
Andy Mukherjee: Singapore’s New Chewing Gum (on Singapore’s recent ban of IQOS)
Vaping prohibitionist Michael Bloomberg finances WHO abstinence only anti-tobacco campaign in Kuala Lumpur after Malaysia banned lifesaving vapor products.
Trans Pacific Partnership
ACS touts unconstitutional TPP clause allowing nations to seize IP rights of tobacco companies
More Junk Science, Propaganda and Lies
PMI again claims to desire a smokefree world (but PMI still hasn’t urged the FDA or Japanese government to legalize sales of vapor products so they can compete against PMI’s IQOS)
FDA/NIH funded Glantz et al find daily vapers have half the heart attack rate as daily smokers (based on 2014 & 2016 NHIS data; OR 1.79 vs 2.72), but UCSF press release headline claims daily vapers who smoke daily had a five fold higher heart attack rate (which wasn’t mentioned in their abstract) and UCSF press release hypes inappropriate comparison of daily vapers (nearly all of whom were/are current of former smokers) to never smokers; abstract and press release inappropriately fail to acknowledge that many/most heart attacks suffered by daily vapers occurred before they began vaping (and was why some of them switched to vaping).
CNN and Business Insider repeat Glantz’ fake news lie that vaping doubles heart attack risk
ABC news headline and article hype bogus fear mongering heart attack claims by UCSF anti vaping activists, and bury quotes by Mike Siegel that expose and refute Glantz et al claims
Mike Siegel: New study concludes that vaping causes heart attacks
Carl Phillips: Study claiming vaping causes heart attack risk has fatal flaws
Carl Phillips and other scientific sleuths analyze, expose flaws in Glantz et al heart attack poster
Vaping prohibitionists at Bloomberg John Hopkins absurdly assume vapers inhale vapor aerosol every time they breathe, then falsely claim vaping premium vapor products exposes vapers to toxic levels of lead and other metals; peer reviewers and editors fail to identify study’s fatal flaw ehp.niehs.nih.gov/ehp2175/ (study)
Hopkins press releases and paid media sensationalize study’s false claims to demonize vaping
News media repeat false claims by Hopkins bogus vaping study authors without fact checking
Ali Anderson: Leading doctor questions ‘Metals Found in Vaping’ research (Farsalinos)
Diana Caruana: Farsalinos about the presence of metals in e-liquids
Steve Birr: A study floated an insane claim that vaping exposes users to dangerous metals
Brad Rodu: Beyond the headlines, E-cigarette vapor has only trace amounts of metal
FDA/NIH funded Glantz et al falsely claim 2014 Eurobarometer survey data found vaping reduced smokers’ likelihood of quitting smoking, after Glantz et al inappropriately and inaccurately assumed that
Carl Phillips: Another smoking cessation study fails to understand smoking cessation (critiques Glantz et al junk study on 2014 Eurobarometer survey data)
Carl Phillips’ Tweet critiques Glantz’ claims
AAP vapor prohibitionists (who have lobbied FDA since 2009 to ban sales of all vapor products to adults by demonizing youth vaping) urge parents to talk to kids about Juuling (and urge news media to hype it), which is likely to prompt more teens to use Juul (just as demonization of teen vaping by Obama’s DHHS and the news media prompted many nonsmoking teens to try vaping)
AAP vapor prohibitionists publish study finding far higher levels of VOCs in teen dual users of vapor products and cigarettes (than in teens who exclusive used e-cigs), but AAP and study authors hype their finding that exclusive e-cig users had higher levels of VOCs than nonvapers.
THR prohibitionists and propagandists at Public Health Law Center (that lobbied for the 2009 Tobacco Control Act, FDA’s unlawful 2009 vapor ban, FDA’s 2016 Deeming Rule and other cigarette protecting anti-THR policies) make many false fear mongering claims about JUUL.
Legacy lies initiative keeps lying about, lobbying to ban flavorings in tobacco/vapor products
Legacy lies initiative keeps protecting cigarettes by lying about PMI’s IQOS
Alabama Health Dept falsely claims smokeless tobacco use is as harmful as smoking cigarette to promote anti-smokeless tobacco campaign (that protects far more harmful cigarettes)
Vapor and vaping prohibitionist Simon Chapman keeps protecting cigarettes by lying about and demonizing lifesaving vapor products
UK tabloid recycles false fear mongering headline/article (that it published a month before) claiming vaping causes pneumonia (that cites and relies on an inappropriate cell study)
Reuters and Healio hype false fear mongering claim that vaping causes pneumonia
NY Gov. Andrew Cuomo announces record low 14.4% smoking rate in NY in 2016, but falsely credits abstinence-only anti-THR tobacco control policies, programs and propaganda for success.
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