Godshall Chronicles 06/4/16

FDA Deeming Ban

Lost Art Liquids lawsuit challenging FDA vapor deeming ban is at

Altria s John Middleton files lawsuit against FDA deeming regulation, claims ban of  Black and Mild  cigar brand name violates the First Amendment of the US Constitution s protection of free speech.
dlbjbjzgnk95t.cloudfront.net/0800000/800784/show_temp%20(1).pdf (lawsuit)

Thomas Briant: 3 Lawsuits Filed Against FDA  Deeming  Regulations www.cspdailynews.com/category-news/tobacco/articles/3-lawsuits-filed-against-fda-deeming-regulations

Global Premium Cigars lawsuit challenges FDA Deeming Regulation (4th suit filed) www.globalpremiumcigars.com/CampaignProcess.aspx?A=View&Data=QG5E4t8D9Fy0z55VvGI7rA%3d%3d (press release) www.globalpremiumcigars.com/newsletter/lawsuit.pdf (lawsuit)
halfwheel.com/global-premium-cigars-files-lawsuit-against-fda/116833 (article)

Monica Showalter: Democrats work with Big Tobacco and Big Pharma to choke the vaping industry observer.com/2016/06/hot-air-democrats-work-with-big-tobacco-and-big-pharma-to-choke-the-vaping-industry/

Ben Swann   Reality Check: The FDA s War on E-cigarettes www.facebook.com/BenSwannRealityCheck/videos/1124976004234015/

CASAA urges vapers to call FDA with questions about deeming ban (1-877-287-1373) blog.casaa.org/2016/05/you-have-questions-about-fda-deeming.html

Reynolds executives express optimism, rather than gloom, with new FDA rules www.journalnow.com/business/business_news/local/reynolds-executives-express-optimism-rather-than-gloom-with-new-fda/article_118806ca-088c-5950-a9be-ef51fe21a97a.html

Trefis: How will the new FDA ruling on e-cigarettes help Altria?

Debate over e-cigarettes heightened after sweeping FDA rules: What if the Food and Drug Administration s crackdown on e-cigarettes actually leads to more smoking?

Joel Nitzkin: What drives tobacco control policy?

Eric Boehm  Animal Rights Group: FDA s e-cigarette regulations will kill critters watchdog.org/266194/fda-e-cigarette-regs-animals/

CASAA asks vapers to urge their US Representative to support bills to change predicate date for newly deemed vapor products from Feb. 15, 2007 to August 8, 2016 blog.casaa.org/2016/05/us-take-action-to-change-to-predicate.html

Senator asks FDA for clarity on consequences of new e-cig rules www.journalnow.com/business/business_news/local/senator-asks-fda-for-clarity-on-consequences-of-new-e/article_088e0a10-11f2-557a-9f04-0952a87d211d.html

Sen. Ron Johnson (R-WI) interviews radio talk show host Viki McKenna about her quitting smoking by switching to vaping, and Obama s FDA ban of vapor products.


Jacob Sullum: The FDA s deadly e-cigarette regulations www.theledger.com/article/20160525/COLUMNISTS03/160529757/-1/living?p=all&tc=pgall


E-cigarettes come under scrutiny


Mike Siegel: In my view: American Lung Association would rather smokers die than save their lives  the wrong way  tobaccoanalysis.blogspot.com/2016/05/in-my-view-american-lung-association.html

Updated NIDA webpage falsely claims vaping may be as harmful as smoking cigarettes, falsely claims it is  unclear  if e-cigs may help people quit smoking, falsely claims e-cigarettes may be gateways to cigarettes, further demonizes lifesaving vapor products.

DHHS praises WHO s abstinence-only  World No Tobacco Day  by unethically conflating lifesaving vapor products and low risk OTP with highly addictive and deadly cigarettes, and by outrageously claiming FDA s cigarette protecting vapor Deeming ban  will help our government and our society improve public health and reduce the dire consequence of tobacco use to present and future generations.  www.hhs.gov/blog/2016/05/31/world-no-tobacco-day-taking-steps-to-save-lives.html

FDA touts list of recent scientific publications on tobacco authored by FDA staff, but most are behind paywalls, none studied the health impact of vaping on vapers or smokers, and most demonized low risk e-cigs, smokeless tobacco, cigars, flavorings, teen use, dual use and/or constituents to promote FDA s anti-THR regulatory agenda.

FDA urges tobacco controllers to apply for FDA/NIH grants to promote FDA s cigarette protecting abstinence-only anti-THR regulatory agenda under guise of science prevention.nih.gov/tobacco-regulatory-science-program

NCI gives $15 million to more than 2 dozen individuals at 10 universities in 4 countries to study “the likely impact of current and potential future policies to regulate tobacco products, including the new class of projects referred to as vaporized nicotine products.”  Project co-directors are Mike Cummings, who advocated the cigarette protecting TCA and FDA s unlawful 2009 e-cigarette ban, and Anthony Alberg, who claimed FDA s vapor Deeming Ban is  less restrictive  than e-cigarette regulations in Canada and Australia, at the Medical University of South Carolina Hollings Cancer Center.

DHHS funded THR opponents Terry Pechacek and Thomas Wills denounce vapor products because many smokers who tried vaping switched back to cigarettes or are dual users, fail to acknowledge that Obama s DHHS War on Vaping has scared many vapers to switch back to cigarettes and has scared most smokers from switching to vaping consumer.healthday.com/cancer-information-5/smoking-cessation-news-628/most-smokers-reject-e-cigarettes-711134.html

Redlined version of FDA Deeming Regulation (showing changes the White House OMB/OIRA made to the Final Rule submitted by FDA in October, 2015) is at

Charlie Minato: OMB changes removed flavored tobacco restrictions from FDA Rule

Ed Anselm: Why deleting the FDA s ban of e-cigarette flavors is good for public health dailycaller.com/2016/06/02/why-deleting-the-fdas-ban-of-e-cigarette-flavors-is-good-for-public-health/

Vapor prohibitionists CTFK, Legacy lies initiative, and FDA funded Stan Glantz feign concern for youth yet again, criticize White House OMB for deleting FDA s November 2016 flavoring ban for e-cigs, cigars and pipe tobacco (even though deeming rule bans sales of all nicotine vapor products and most cigars on or before August 8, 2018) www.tobaccofreekids.org/press_releases/post/2016_05_31_whitehouse

Reuters article repeats vapor prohibitionist s criticism of White House OMB without acknowledging FDA s deeming reg bans all vapor products on or before August 2018, and without interviewing anyone who supports lifesaving vapor products.

National Law Journal article on FDA vapor deeming ban repeats FDA s deceptive spin www.natlawreview.com/article/fda-extends-regulation-tobacco-products-to-e-cigarettes

Feeling let down and left behind with little hope for better www.nytimes.com/2016/05/26/us/feeling-let-down-and-left-behind-with-little-hope-for-better.html

Front page NY Times article highlights economic struggles of vapers in rural NC, but just one sentence suggests Obama s FDA vapor sales ban (that the NY Times aggressively lobbied for) will shut down the vape shops, and no mention that it will force millions of vapers to switch back to deadly cigarettes or buy black market vapor products.

Cigar Association of America (CAA), Cigar Rights of America (CRA), and International Premium Cigar & Pipe Retailers Association (IPCPR) issue statement on FDA deeming halfwheel.com/caa-cra-ipcpr-issue-joint-statement-on-fda-regulations/116369

Diane Katz: FDA s rules would snuff out small manufacturers of premium cigars www.washingtontimes.com/news/2016/may/23/diane-katz-fda-cigar-rules-threaten-industrys-smal/

FDLI to host two-part webinar on FDA Deeming Reg ($99 members, $199 nonmembers) FDA vapor prohibitionist Mitch Zeller to present 2:00-2:45PM on Monday June 15, 2016

Panel of Stacy Ehrlich, Joe Gitchell and vapor prohibitionist Ellen Vargyas to present 2:00-3:15PM on Tuesday, June 16, 2016

FDLI to host Introduction to E-cigs and Vapor Products Law and Regulation: FDA s Regulation of the Industry to be held in Los Angeles, CA on July 21, 2016
($799 members, $899 nonmembers)


US THR Surveillance (Corrections from 5/24/16 THRU)

New Reuters/IPSIS poll finds 7.4 million adult vapers in US no longer smoke cigarettes, same day CDC reports 8.1 million fewer smokers in 2015 than in 2010.

New 2016 Reuters/IPSIS poll of US adults (n=9,109) finds:

– 24.8 million use e-cigarettes or a personal nicotine vaporizer (10.0% of 247.8M adults)

–  7.4 million vapers no longer smoke cigarettes (30% of 24.8M vapers),

– 15.4 million vapers currently smoke cigarettes (62% of 24.8M vapers),

–   2.0 million vapers never smoked cigarettes (8% of 24.8M vapers).

– 15.4 million men vape (12.8% of 120.6M)

–   9.4 million women vape (7.4% of 127.2M),

– 15.1% of 18-34 year olds, 13.1% of 35-49 year olds, 6.3% of 50-59 year olds, and 3.6% of those 60 and older vape) Based on US Census estimates of 247.8M adults in 2015.


2015 NHIS data finds US adult cigarette smoking rate declined from 19.4% in 2010 (45.5 million) to a record low 15.1% in 2015 (37.4 million), a decline of 8.1 million smokers.

Based on US Census estimates of 234.6M adults in 2010 and 247.8M adults in 2015.

www.cdc.gov/nchs/data/nhis/earlyrelease/earlyrelease201605.pdf (pages 55 & 59) Note that CDC has NOT released 2015 NHIS e-cigarette use data (to prevent news media from contrasting huge vaping increase with corresponding decline in cigarette smoking).

CDC’s Brian King and Big Pharma financed vaping opponents distort huge multiyear decline in cigarette smoking to focus on smaller change from 2014 to 2015, to credit themselves and pre-2010 policy changes for the massive decline in cigarette smoking since 2010, to further demonize vaping and praise FDA’s ban on vapor products.

Brad Rodu: E-cigarette battery hazards miniscule and overblown rodutobaccotruth.blogspot.com/2016/06/e-cigarette-battery-hazards-minuscule.html



In NY Times column, Joanna Cohen wisely urges FDA to promulgate TCA mandated color graphic warnings on cigarettes, but wrongly blames cigarette companies for FDA s arrogance and refusal to comply with the TCA.  Note Smokefree Pennsylvania urged Sen. Enzi to amend the TCA in 2007 to require graphic cigarette warnings, then CTFK/ACS/AHA/ALA lobbied Sen. Kennedy to oppose by calling it a  Trojan Horse Poison Pill , then FDA sabotaged it by promulgating unconstitutional warnings, then FDA refused to promulgate new warnings, and instead banned lifesaving vapor products.

Julia Belluz and NCI funded Mike Cummings absurdly blame tobacco companies for FDA s refusal to promulgate Congressionally mandated color graphic cigarette warnings and for FDA s previous violation of the US Constitution.

Joel Nitzkin: Should we just take the nicotine out of cigarettes?

FDA pays minor league baseball to demonize and ban very low risk smokeless tobacco that poses no risks to nonusers www.myfoxzone.com/story/32104357/minor-league-baseball-takes-on-tobacco

Study of DHHS data finds smokeless tobacco use poses exponentially lower risks than cigarette smoking, nearly identical risks as never using tobacco (2016 SRNT conference) www.altria.com/ALCS-Science/ConferenceDocumentLibrary/Fisher-Health%20Risks%20Associated%20with%20the%20Use%20of%20Smokeless%20Tobacco%20Products%2020160226.pdf

Brad Rodu: CDC knows that its data puts smokeless tobacco risks near zero rodutobaccotruth.blogspot.com/2016/05/cdc-knows-that-its-data-puts-smokeless.html

NCI funded THR opponents  study finds snus as effective as nicotine gum for quitting smoking, but authors downplay their findings tobaccocontrol.bmj.com/content/25/3/267.full


THR Business

Latest 12 week Nielsen data show 3.1% cigarette volume decline in US, and .5% $$ sales increase; show 10% e-cigarette volume increase, and 3.2% $$ sales increase.

Note that Nielsen data don t include premium vaporizers, e-liquids or vape shop sales.




Swedish court rules e-cigarettes cannot be regulated as medicines (i.e. banned) Sweden to implement EU TPD regulations for e-cigs instead.

ACSH: Gwynn s appeal to jury could overshadow medical science (smokeless tobacco) acsh.org/news/2016/05/27/gwynns-appeal-to-jury-could-overshadow-medical-science/



WV Senate Finance Cmte approves $.65/pack cigarette tax hike (from $.55 to $1.20), OTP tax increase from 7% to 12%, and 12% tax on vapor products

CASAA urges PA vapers to oppose Gov. Wolf s proposed 40% tax on vapor products blog.casaa.org/2016/05/pa-take-action-to-oppose-40-percent.html

Bonnie Butz: Gov. Wolf s proposed e-cigarette tax bad for business www.mcall.com/opinion/letters/mc-ecigarettes-smoking-alternative-butz-20160601-story.html

CASAA urges MN vapers to oppose Reynolds sponsored bill (HF 848) to change e-cig tax from 95% of wholesale price to $.30/ml of e-liquid (i.e. $9 tax on a 30 ml bottle), which would sharply increase e-liquid tax and sharply reduce tax on Reynolds  Vuse.

Minnesota healthcare groups criticize tobacco and vapor tax bill


CASAA urges AK vapers to oppose bill (HB 4001) to impose 75% tax on vapor products blog.casaa.org/2016/05/ak-take-action-to-oppose-new-tax-threat.html

Lawsuit challenges Chicago s pending tobacco tax increase, claims it violates state law


Smoking and Vaping Bans

NJ Assembly and Senate pass bills (A893/S1734) to ban vaping and smoking outdoors at public parks, forests and beaches (Note Gov. Christie vetoed similar legislation last year)

CA Senate passes bill (SB 1333) to ban vaping and smoking at State owned parks and beaches, with $250 fine for violators.


Smoking Bans

Chinese government reneges on its broadly publicized workplace smoking ban by changing regulation from a  comprehensive ban  to a  selective ban  that allows for indoor smoking areas.

Dallas Parks and Recreation Board votes to ban smoking (but not vaping) at parks, bill goes to City Council (TX) cityhallblog.dallasnews.com/2016/06/park-board-snuffs-out-smoking-at-dallas-parks-but-puff-away-at-golf-courses-and-shooting-range.html/


Vaping Bans

Jacob Sullum: California undermines public health by treating e-cigs like the real thing www.forbes.com/sites/jacobsullum/2016/05/26/california-promotes-smoking-related-disease-by-treating-e-cigarettes-like-the-real-thing/#6b0096a058ee

Ontario Liberals shoot down effort to exempt vapour lounges and compassion clubs from new rules news.nationalpost.com/news/canada/canadian-politics/ontario-tories-to-seek-exemption-for-pot-lounges-and-vaporizers-to-new-anti-smoking-bill

Quebec s cigarette protecting workplace vaping ban took effect May 26

Big Pharma funded vaping prohibitionists again urge NY legislators to ban the use of lifesaving vapor products in all workplaces blog.timesunion.com/capitol/archives/249521/medical-groups-push-for-statewide-e-cig-ban/


Minimum Age Laws

NJ Senate passes bill (S 359) to raise minimum age for sale of lifesaving vapor products, deadly cigarettes and low risk OTP to 21 (Gov. Christie vetoed the same bills last year) www.nj.com/politics/index.ssf/2016/05/raising_age_to_21_to_buy_cigarettes_and_smoking_ba.html

Worcester (MA) increases minimum age for sales of tobacco products to 21

FDA/NIH funded anti-tobacco anti-vaping activist UNC s Adam Goldstein touts survey finding that most Americans support raising the legal age for tobacco sales to 19, 20 or 21; but study deceptively conflated low risk OTP with deadly cigarettes, and never informed participants that the legislation would also apply to lifesaving vapor products.



NNA and ECITA complaints about misleading anti e-cigarette advertisement upheld by Advertising Standards Authority nnalliance.org/activities/news/123-nna-complaint-about-misleading-anti-e-cigarette-advertisement-upheld-by-asa

Robert Innes   Advice from Lancashire County Council: Well, not quite…

(reveals that false claims about vaping by US health agencies, and Big Pharma funded medical/health groups are worse than the misleading anti e-cig ad banned by UK s ASA) www.vapingpost.com/2016/06/02/advice-from-lancashire-county-council-well-not-quite/

E-cigarette company recalls rechargers


New Zealand

New Zealand s government considers legalizing sale of nicotine vapor products (and proposes plain packaging cigarette law despite no evidence Australia s law reduced cigarette consumption or smoking).


Australia Consults Vapor Prohibitionists on Policies

Clive Bates: Do not read this or discuss it and in no circumstances should you comment

Terry Barnes   Regulating e-cigarettes: read all about it!


Hong Kong

Hong Kong government to further protect cigarettes by banning all vapor products (nicotine vapor products were banned many years ago) www.scmp.com/news/hong-kong/health-environment/article/1963152/end-vaping-hong-kong-government-plans-ban-import

WHO lobbies for intolerant and ineffective Plain Cigarette Packaging Laws on WNTD

WHO vapor prohibitionist Margaret Chan urges all nations to require plain cigarette packaging (despite no evidence Australia s 2012 plain packaging law reduced cigarette consumption or smoking) www.who.int/campaigns/no-tobacco-day/2016/en/

Derek Yach & Gillian Christie say reduced risk tobacco products would reduce cigarette smoking more rapidly and faster than WHO s call for plain packaged cigarettes thevitalityinstitute.org/may-31-world-no-tobacco-day-today/

Property Rights Alliance: Plain cigarette packaging an infringement against trademarks dailycaller.com/2016/05/31/why-who-is-wrong-about-plain-packaging/

Property Rights Alliance letter to WHO director Margaret Chan www.propertyrightsalliance.org/userfiles/file/international-coalition-letter-%20against%20plain%20packaging%20English%20version.pdf

Drew Johnson: Plain packaging of tobacco is plain disastrous www.bdlive.co.za/opinion/2016/06/02/plain-packaging-of-tobacco-is-plain-disastrous

Vox columnist Julia Belluz advocates and claims plain packaging laws benefit public health (despite no evidence Australia s law reduced cigarette consumption or smoking), criticizes First Amendment of US Constitution, fails to acknowledge that Obama s FDA sabotaged the Congressionally mandated color graphic warnings on cigarettes (and instead blames tobacco companies), also quotes NCI funded Mike Cummings blaming tobacco company lobbying and contributions to Congress (even though Congress doesn t appoint federal judges and cannot violate the US Constitution).

Canadian Health Minister Jane Philpot announces 3 month consultancy on proposed plain packaging law for ALL tobacco products (despite no evidence Australia s 2012 plain packaging law reduced cigarette consumption or smoking, and even though smokeless tobacco, premium cigars and pipe tobacco are less harmful than cigarettes) healthycanadians.gc.ca/health-system-systeme-sante/consultations/tobacco-packages-emballages-produits-tabac/index-eng.php



Legal battle looms over tobacco pack changes (Canada) globalnews.ca/news/2730669/legal-battle-looms-over-tobacco-pack-changes/

Kenyan Health Ministry proposes plain packaging cigarette law www.nation.co.ke/news/Tobacco-companies-get-new-headache/-/1056/3227228/-/9hktq3z/-/index.html

Norwegian Health Minister Bent Hoeie announces government s intent to mandate plain packaging for lifesaving snus as well as for deadly cigarettes (to deceive the public to believe snus is as harmful as cigarettes) www.bloomberg.com/news/articles/2016-05-31/new-zealand-backs-plain-cigarette-packaging-in-smoking-clampdown



THR Research

New study finds vapers (like smokers) engage in nicotine compensation by vaping more low level nicotine e-liquid with more and longer puffs (than when vaping higher level nicotine e-liquid) link.springer.com/article/10.1007/s00213-016-4338-2?wt_mc=Internal.Event.1.SEM.ArticleAuthorOnlineFirst

Carl Phillips: Saying e-cigarettes are  95% less harmful  is a very bad idea (correctly points out existing evidence indicates e-cigarettes are 99% less harmful than cigarettes) antithrlies.com/2016/05/25/saying-e-cigarettes-are-95-less-harmful-is-a-very-bad-idea-part-143-of-10000/

Caroline Frank: What are e-cigarettes and the controversies that surround them?

Overall, we found that the ethical arguments in support of e-cigarette use for tobacco harm reduction largely outweigh the arguments against them.  blogs.biomedcentral.com/on-medicine/2016/05/31/wntd-e-cigarettes/

Public health activist Chris Bullen tells truth about scientific evidence on vapor products, urges doctors to encourage smoker patients to quit smoking by switching to vaping

Vapor prohibitionist Stan Glantz lies about scientific evidence, unethically urges doctors to discourage smoker patients from quitting smoking by switching to vaping

Study finds vaping marijuana less harmful and more effective than smoking or consuming it other ways



THR Advocacy

UK smoking in pregnancy challenge group recommends smokers vape: Use of electronic cigarettes in pregnancy: A guide for midwives and other healthcare professionals www.smokefreeaction.org.uk/SIP/files/eCigsIP.pdf


Researchers emphasize need to rethink tobacco control strategies www.news-medical.net/news/20160525/Researchers-emphasize-need-to-rethink-tobacco-control-strategies.aspx

Center for Global Development s Rajesh Mirchandani interviews THR advocate Dave Sweanor and THR opponent Bill Savedoff www.cgdev.org/blog/tobacco-control-or-eradicate-podcast-david-sweanor-and-bill-savedoff


Dave Sweanor: E-cigarettes yay or nay

White Cloud to host free webinar with  A Billion Lives  director Aaron Biebert on June 6 at 2PM eastern US time zoom.us/webinar/register/ae2de903c4d4461fc5b9141539e44ee6?utm

Barry Evans: E-cigarettes vs Tobacco


Junk Science, Propaganda and Lies

Study confirms nicotine consumption (via smoking and vaping) results in temporary changes in flow-mediated dilation (FMD) and oxidative stress, but authors falsely claim study found that one use of an e-cig causes acute harm to users.

Clive Bates responds to study (above) pointing out that caffeine has similar effects

2005 study found caffeine consumption also results in temporary changes in flow-mediated dilation (FMD) similar to nicotine consumption.

FDA/NIH funded vapor prohibitionist Stan Glantz totally misrepresents study findings (above) to deceitfully claim e-cigs cause heart disease and lung disease, and  e-cigarettes could be half as dangerous as conventional cigarettes even if they cause no cancer.  tobacco.ucsf.edu/important-new-study-shows-immediate-effects-e-cigs-cardiovascular-system-big-smoking-cigarette

Dental trade group (AAOMS) that has demonized smokeless tobacco for many years issues 2 press releases in 2 weeks hyping same case study of exploding e-cig battery to scare public about lifesaving vapor products, failed to acknowledge the many health and safety benefits for smokers who switch to vaping.

Ohio ABC affiliate repeats lies about vaping to confuse and scare viewers abc22now.com/news/local/keep-kids-safe-from-e-cigarettes

Texas ABS affiliate repeats lies about vaping to confuse and scare viewers abc27.com/2016/05/26/ut-study-e-cigarette-marketing-appealing-to-youths/

HRW issues more anti-tobacco farmer propaganda claiming Indonesian children are poisoned (a similar 2014 HRW report below claimed US children were poisoned) by nicotine when harvesting tobacco, blaming tobacco companies and capitalism, demanding teens be banned from working on family farms, while failing to acknowledge transdermal nicotine absorption (which can cause nausea and vomiting) when harvesting tobacco is easily prevented by wearing long sleeves, long pants and gloves. www.hrw.org/node/289751/ www.hrw.org/news/2014/05/14/us-child-workers-danger-tobacco-farms (2014 HRW report)

Bloomberg.com article hypes HRW s fear mongering anti-tobacco farmer anti-tobacco industry propaganda deceptively disguised as protecting poisoned children www.bloomberg.com/news/articles/2016-05-25/still-smoke-your-cigarettes-may-have-poisoned-indonesian-kids

CDC/NIOSH Recommended Practices: Green Tobacco Sickness www.cdc.gov/niosh/topics/greentobaccosickness/

2012 article on protective clothing for tobacco harvesters

Bill Godshall
Executive Director
Smokefree Pennsylvania

To subscribe to newsletter directly, write BillGodshall at verizon.net with subject line “subscribe”