Godshall Chronicles 05/7/16


FDA Malpractice

Obama’s FDA commits public health malpractice, protects cigarettes, threatens lives of vapers and smokers, unethically and inhumanely bans lifesaving nicotine vapor products

FDA press release headline falsely claims cigarette protecting Deeming Regulation (that bans the sale of >99.9% of lifesaving nicotine vapor products on May 5, 2018) protects Americans from “dangers of tobacco”, release falsely claims Deeming Regulation bans sales of e-cigarettes to minors (as it doesn’t ban sales of no-nicotine e-cigs, which are used by most teens who vape).

FDA issues Final Rule for Vapor Deeming Ban (499 pages); to ban vape shops from mixing (i.e. manufacturing) e-liquid and perhaps other products August 8, 2016; to ban sales of all nicotine vapor products to adults on or before August 8, 2018.

White House calls FDA’s cigarette protecting e-cig ban a ‘common sense’ proposal

DHHS Sec. Sylvia Burwell commits public health malpractice, threatens lives of vapers and smokers, conflates lifesaving vapor products with lethal cigarettes, misrepresents scientific evidence, announces cigarette protecting vapor deeming ban.

Premarket Tobacco Product Applications for Electronic Nicotine Delivery Systems (ENDS)

Small Entity Compliance Guide: FDA Deems Certain Tobacco Products Subject to FDA Authority, Sales and Distribution Restrictions, and Health Warning Requirements for Packages and Advertisements

FDA offers Small Business Assistance (to tell companies their products are banned)

FDA: Products, Ingredients and Components

FDA creates Deeming webpage “Extending Authorities to All Tobacco Products, Including E-Cigarettes, Cigars, and Hookah”

Keller and Heckman: Tobacco turmoil and the FDA’s regulatory authority

CASAA: Royal College of Physicians promotes e-cigarettes while FDA rules effectively ban them

Mike Siegel: FDA E-Cigarette Deeming Regulations are a Disaster for Public Health

Mike Siegel op/ed in Wall St. Journal: The FDA’s vaporous thinking about e-cigs

Jeff Stier: FDA went way too far on e-cigarettes

VTA: FDA’s Deeming Regulation went from bad to worse for the vapor industry

Konstantinos Farsalinos – FDA deeming regulation on e-cigarettes: An effective ban on most (and on most effective) products

Charlie Minato: FDA chooses Option 1, will regulate premium cigars

Charlie Minato: Takeaways from FDAs decision to regulate cigars

Fears new rules could see US cigar factory go up in smoke

Kyle Smith: Why is the government out to destroy vaping?

JD Tuccile: Government officials are determined to turn vapers into scofflaws

Sarah Beller: Is the e-cigarette debate turning anti-smoking groups into a new Big Tobacco?

ACSH’s Hank Campbell: FDA finalizes ruling on e-cigarettes

Jeb Kinnison: FDA wants more lung cancer

Susan Adams: Can E-cigarettes Survive the War Against Vaping?

Reuters headline falsely claims FDA’s vapor/cigar/hookah sales ban to adults is a vapor/cigar/hookah sales ban to minors, but article acknowledges Big Tobacco benefits.
“The winners are the large tobacco manufacturers, primarily Altria (MO.N) and Reynolds (American) (RAI.N), which have the experience and financial wherewithal” to deal with FDA processes, said Adam Fleck, an equity analyst at Morningstar. “The net result is a very fragmented e-cigarette market is likely to be consolidated.”

FDA Regulations won’t slow down Big Tobacco, analysts say
“We believe this will thwart new product innovation from many small companies and favor the large tobacco companies,” Stifel analyst Chris Growe wrote.
The FDA’s rules will especially affect the businesses of smaller e-cigarette makers, which may not have the resources to comply with the agency’s approval process, said Michael Lavery, an analyst with Credit Lyonnais Securities Asia (CLSA) Americas in New York. Lavery said that “could be a positive” for larger tobacco companies, such as Altria Group, Reynolds-American and Imperial Brand

Washington Post article deceptively touts FDA’s cigarette protecting life threatening vapor ban as needed to protect youth, portrays teen e-cig use worse than teen smoking

NY Times’ Sabrina Tavernise once again falsely portrays FDA’s cigarette protecting vapor deeming ban as beneficial for public health when announcing new rule

USA Today article hypes FDA vapor deeming ban

Guardian article: The regulations “will cause a modern-day prohibition of products that are recognized worldwide as far less hazardous than cigarettes”, said Gregory Conley, president of the American Vaping Association. “If the FDA’s rule is not changed by Congress or the courts, thousands of small businesses will close in two to three years.”

CNN falsely touts FDA’s cigarette protecting deeming ban as benefiting public health
Ray Story, the founder and CEO of theTobacco Vapor Electronic Cigarette Association, called the ruling “a complete disaster.”

Philadelphia Inquirer article on FDA deeming ban
“This is not regulation. This is prohibition that will kill jobs, cost lives, and further entrench America’s largest cigarette companies,” said Gregory Conley. “For the first time in American history, consumers will have to go to the black market to purchase a far less hazardous alternative to a completely legal product – deadly cigarettes,” he said.
Bill Godshall, executive director of Smokefree Pennsylvania, and former three-pack-a- day smoker who once worked for the American Cancer Society also says e-cigs are “harm-reducing”. “I’m not saying [e-cigs] are safe, but they’re safer. They reduce risks. It’s about harm reduction; you’re not inhaling smoke. There is no carbon monoxide, and there is no tar. They’re not going to give you cancer.”

Pittsburgh Post-Gazette article on FDA Deeming Ban “If the regulations are implemented, the cost to small-business owners would make the product too expensive. We’d have to hire teams of lawyers and scientists to analyze the liquid ingredients,” said Mr. Hughes, who owns Fat Cat Vapor Shop in Montoursville, Lycoming County.
Bill Godshall, founder and executive director of SmokeFree Pennsylvania, said the FDA rules would drive smaller companies out of business, hand over the industry to big national and intenational tobacco companies, and would “be a disaster for public health” because e-cigarette users would return to tobacco.

Pittsburgh Tribune-Review article on FDA Deeming Ban
“This is a huge disaster for public health that is being disguised as a victory for public health,” said e-cigarette supporter Bill Godshall, executive director of Smokefree Pennsylvania. “Let’s call it what it really is: the prohibition of e-cigarettes.”
“This will close down thousands of small businesses and put tens of thousands of people out of work,” Conley said. “This also will create a perverse result of people having to turn to the black market to get a less hazardous alternative to a legal deadly product — cigarettes.”

Buffalo News article on FDA’s cigarette protecting ban on lifesaving vapor products

New FDA regulations will force local vape shop to stop manufacturing

A ‘slow death sentence’? New FDA regulations raise concern in OC’s vaping community

Seattle Times article reveals politicians clueless that FDA just protected cigarettes by banning sales of vapor products to adults


Prohibitionists Support FDA Ban

Prohibitionists praise and misrepresent FDA’s vapor product ban

NY Times editorial praises FDA’s cigarette protecting vapor product ban, calls for more FDA bans, denies scientific evidence, repeats fear mongering lies about vaping.

Vaping prohibitionist Michael Bloomberg delusionally calls e-cigs “a serious threat to the progress we have made reducing smoking rates,” criticizes FDA’s cigarette protecting vapor ban as not enough.

Big Pharma (and Michael Bloomberg) financed CTFK’s Matt Myers deceitfully claims RCP report on e-cigarettes “shows exactly why we need” FDA’s Deeming Regulation that bans the sale of >99.9% of nicotine vapor products to adult vapers and smokers, falsely insinuates FDA Deeming Regulation bans sales of no-nicotine e-cigs (that are used by most teen vapers) to youth, falsely claims e-cigs don’t help smokers quit (after millions of vapers have quit smoking).

Clive Bates: Missing the Point (suggests FDA regulatory alternatives that would improve, instead of threaten, public health in response to Matt Myers’ editorial urging FDA to strictly enforce the FCA’s 2007 grandfather date by banning all new tobacco products) tobaccocontrol.bmj.com/content/25/3/243.full/reply#tobaccocontrol_el_13670

CTFK’s Matt Myers (who insisted FDA should never be allowed to ban cigarettes by lobbying for TCA) keeps protecting cigarettes and threatening public health by lying about lifesaving vapor products, praising FDA’s vapor product ban www.tobaccofreekids.org/press_releases/post/2016_05_05_ecig

Legacy lies initiative’s Robin Koval praises FDA’s cigarette protecting vapor ban, calls for even more cigarette protecting bans, lies about vaping.

MD Anderson applauds FDA’s cigarette protecting vapor product ban, which also preserves MD Anderson’s future revenues treating thousands of sick and dying smokers.

March of Dimes praises FDA’s cigarette protecting vapor product ban

Medscape headline falsely claims FDA’s nicotine e-cigarette sales ban to adults is a sales ban to youth.

HealthDay reprints FDA’s deceitful PR spin on its vapor product sales ban to adults

MedPage Today invites e-cig prohibitionists and propagandists to praise FDA’s cigarette protecting vapor deeming ban, and demand even more cigarette protecting bans on vapor

Sen. Jeff Merkley (D-OR) applauds FDA’s cigarette protecting vapor deeming ban, and urges FDA to also ban e-liquid flavorings that have helped millions quit smoking

US Sen. Barbara Boxer praises FDA’s cigarette protecting vapor ban, calls for federal vapor advertising ban

USA Today editorial applauds FDA’s cigarette protecting ban of lifesaving vapor products, fails to acknowledge any of the disastrous ramifications.

Sacramento Bee article absurdly claims FDA’s cigarette protecting vapor product ban, and CA’s new cigarette protective anti-vaping laws as benefiting public health

Former public health advocate Lawrence Gostin absurdly claims FDA’s cigarette protecting vapor product ban doesn’t go far enough, urges more cigarette protections

Hispanic health group makes many false claims about vaping and FDA’s vapor ban

Vox headline falsely claims “The Wild West of e-cigarettes just ended”; as FDA’s vapor deeming ban is creating a truly Wild West of black markets and DIY homemade e-liquid www.vox.com/2016/5/5/11595784/fda-rule-e-cigarettes-tobacco

Journal Sentinel’s Raquel Rutledge repeats many false fear mongering claims about e-cigs (that she previously wrote) when praising FDA’s cigarette protecting vapor ban

Everett Herald (WA) editorial falsely claims FDA vapor ban doesn’t ban sales to adults,
while calling for FDA to impose even more bans

Vogue editorial repeats many false claims about vaping to lobby for FDA vapor ban


US House Appropriations Cmte

Keller and Heckman: The Cole-Bishop amendment to the Agricultural Appropriations bill amending the Grandfather Date for “Deemed” Products Passes House Committees – What Next?

Alan Viard/Sally Satel: House Appropriations Committee strikes blow for public heatlh

NY Times editorial admits FDA Deeming Regulation bans lifesaving e-cigarettes when criticizing House Republicans for trying “To prevent the agency from taking e-cigarettes off the market,” conflates lifesaving e-cigs with deadly cigarettes, claims keeping e-cigs legal “can and will do real damage”, but fails to admit that damage would occur to cigarette, drug and healthcare companies (that profit from cigarette smoking), fails to acknowledge RCP or PHE reports finding vaping is 95% less harmful than cigarette smoking and urging smokers to switch to vaping.

Article on US House Appropriations Committee approval of exemptions from FDA’s deeming ban

Star Ledger (NJ) editorial claims protecting kids from e-cigs more important for FDA than reducing 480,000 annual deaths caused by cigarette smoking, fails to acknowledge the FDA Deeming Regulation would ban sales of nicotine e-cigs to adults, but would ban the no nicotine e-cigs (used by 80% of teen vapers) to teens.


More DHHS Funded Propaganda

More DHHS funded junk science, propaganda, lies and lobbying

FDA launches abstinence-only anti-tobacco/vapor propaganda program for LGBT young adults to promote “tobacco free lives” (after LGBT community has been devastated by abstinence-only moralist policies and by harm reduction opponents)

FDA/NIH funded vapor prohibitionist Stan Glantz praises FDA’s cigarette protecting vapor ban by claiming “The best evidence that this rule represents a step (albeit small) forward is the fact that Mike Siegel has described it as “a disaster for public health.””

FDA/NCI funded RTI issues press release praising FDA Deeming Regulation

Newsy Science repeats many false fear mongering claims by CDC about e-cigarettes
(propaganda video appears to be part of CDC PR and lobbying campaign)

Parenting magazine article repeats many false fear mongering claims by CDC about e-cigarettes (article appears to be part of CDC PR and lobbying campaign)

Kaleigh Rogers: What is the CDC implying with this vaping PSA?



Legacy lies initiative’s Ellen Vargyas deceitfully conflates e-cig aerosol with tobacco smoke when claiming lawsuit challenging US DOT’s airline vaping ban is “unfounded”



California Gov. Jerry Brown signs legislation banning vaping in workplaces, increasing minimum of age for vapor and tobacco product sales to 21, regulating vapor as tobacco.
Vetoes bill that would have allowed municipalities to tax tobacco and vapor products.

SFATA CA denounces cigarette protecting anti vaping bills in California

CA Health Dept to set up under 21 tobacco stings

San Jose Mercury-News confuses smoking with vaping, tobacco industry with vapor industry in praising CA’s and FDA’s cigarette protecting vaping and vapor product bans


Minimum Age Laws

CASAA asks RI vapers to oppose bill (SB 7737) to increase minimum age for vapor product sales to 21.

Altria CEO wants Congress to preempt state minimum age laws so Altria can again legally market highly addictive and deadly cigarettes to all 18 year olds in high school to ensure that all high school students will again have easy access. (Godshall comments)

Cigarette industry funded Heartland Institute lobbies to keep cigarette sales to high school students legal, conflates lifesaving vapor products with deadly cigarettes


Vaping Ban

Allegheny County (PA) Board of Health protects cigarettes by directing its attorney to draft regulations to ban vaping in workplaces.


Smoking / vaping ban

NJ Senate Health Cmte passes bill (S 1734) to ban smoking and vaping at all state, county and local parks, forests, beaches



Canadian government proposes banning the sale of menthol tobacco products to adults “in order to make them less appealing to youth” (see pages 1149-1151)

Liberals propose ban on menthol cigarettes (Canada)

Ottawa moves to ban menthol cigarettes, citing appeal to young

Canadian Cancer Society’s Rob Cunningham deceitfully claims banning cigarette sales to adults “is an essential and necessary measure to protect Canadian kids” to lobby for proposed menthol cigarette ban.

Health Canada (which purportedly banned the sale of nicotine e-cigs to adults in 2008) recruits youth to try buying e-cigs at 4,000 retail outlets (but didn’t say if the e-cigs contained nicotine or not), finds two-thirds of stores refused to sell to minors



Australian government to increase cigarette tax by 12.5% every year for next four years

Australian budget includes massive cigarette tax hike, black market cigarettes thriving



EU’s highest court unsurprisingly upholds TPD

New Nicotine Alliance submits comments to UK DOH “Assessing and mitigating unintended consequences of policies for vapour technologies and other low risk alternatives to smoking”

EU TPD to ban e-cigarette ads on TV this month unless victorious in court this week

BAT buys Ten Motives e-cigarette company


Prohibition vs Public Health

Clive Bates: Regulators and the compliance fallacy – buying 99% nicotine e-liquid from China

Florida company gears up to supply the underground “vaping prohibition”

Clive Bates: The prohibitionists have nicotine in their cross-hairs

Clive Bates: Fighting the Vape Militia Online and Off – a reply to the speakers

Amy Fairchild on e-cigs in the NEJM, discusses historically different attitudes to harm reduction in UK vs US (but fails to admit that ASH UK demonized e-cigs to lobby for UK MHRA’s e-cig ban several years ago, which won’t go into effect due to the EU TPD)

When two tribes go to war (regarding US FDA vs UK PHE/RCP

E-cigarettes sold in Dubai despite UAE-wide ban of sale



Study finds nonsmokers and smokers in US greatly overestimate the risks of vaping (due to anti vaping propaganda), inaccurately perceiving vaping as posing more than half of the risks of cigarette smoking for lung cancer and total mortality (despite evidence indicating vaping is 99% less harmful than smoking cigarettes), finds nonsmokers overestimate risks of vaping more than smokers.

Ernst & Young report finds number of e-cigarette vapers in Uk, Italy, France, Germany, Poland, Russia and South Korea increased from 2.8 million in 2013 to 5.1 million 2015, with UK (4%) and France (3.5%) having highest percentage of vapers.

Study finds cotinine levels of vapers similar to those of smokers

Study finds medical errors kill 251,000 Americans annually (but number doesn’t include dead smokers who were discouraged from switching to vaping by Big Medicine et al



SFATA to hold annual conference on October 20/21 in Hollywood, FL

SRNT to hold conference in Prague September 8-10, 2016; Deadline for abstracts May 15, 2016.


THR Advocacy

Christopher Russell creates YouTube channel “Vapers helping smokers to quit” nicotinesurveys.org/vhs2q_youtube/


RCP Report

Regulator Watch: It’s just the science – Royal College of Physicians’ John Britton talks e-cigarette benefits and regulation

NPR interviews RCP’s John Britton about new report urging smokers to switch to vaping

Clive Bates: Anti-vaping zealots write flat-earth letter to The Times

Colin Mendelsohn: Australia’s prohibition of e-cigarettes is out of step with the evidence

THR opponents respond to John Britton’s BMJ article summarizing RCP report with even more false fear mongering claims about vaping


Anti-THR financing

Bloomberg Philanthropies boasts about financing abstinence-only anti-THR organizations and agencies (including CTFK, CDC, WHO) since 2007 to deceive public to believe all tobacco products are as harmful as cigarettes, lobby for anti-THR policies

CVS to give ACS $3.6 million to lobby for, implement and attempt to enforce unenforceable tobacco / vapor bans at colleges and universities

NC Legislator introduces bill (SB 759) to give NC Health Dept $250,000 to lie about lifesaving vapor products


FDA smoking cessation drug regulation

Former Pfizer executive hypes Pfizer funded study to lobby FDA to remove warnings on Chantix


More Junk Science, Propaganda and Lies

Biased activists review research on vaping and smoking cessation, then falsely claim “the evidence remains inconclusive”

Hajek, McRobbie and Bullen expose fatal flaws in Kalhahorn & Glantz’s fraudulent meta analysis on e-cigarettes and smoking cessation.

Kalkahorn & Glantz defend their fraudulent study claiming e-cigs discourage smokers from quitting smoking.


Bill Godshall
Executive Director
Smokefree Pennsylvania

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