Godshall Chronicles 08/16/16


Vaping Research

New study of 9,000+ US vapers finds implementation of FDA deeming rule could create black market for vaping products and drive users back to cigarettes, finds:
– 69% of vapers would buy black market vapor products,
– 66% of vapers would buy vapor products online from those not subject to deeming rule,
– 65% of vapers would make their own e-liquids at home,
– 72% of vapers would buy bulk quantities of vapor products, and
– 15% of vapers would switch back to smoking cigarettes

UK Parliamentary Office of Science and Technology issues briefing on e-cigarettes
citing four key points:
– A growing body of evidence shows that e-cigarettes are much less harmful than tobacco.
– There is evidence showing that e-cigarettes can help smokers quit tobacco.
– Current evidence suggests that e-cigarettes do not encourage tobacco smoking among non-smokers or children.
– Public perceptions of harm are changing: 25% of the UK public think that e-cigarettes present a risk of harm similar to that of tobacco smoking, compared with 7% in 2013.

New Farsalinos study of 7,000+ Malaysians finds two thirds of Malaysian vapers have quit smoking cigarettes

NJOY to conduct clinical trial comparing short term effects of a Research ENDS product to those of cigarettes and Nicotrol


THR Advocacy and Education

“A Billion Lives” global vaping doc makes US premiere in Milwaukee

“A Billion Lives” Director Aaron Biebert on The Herman Cain Radio Show

Aaron Biebert Interviewed on NPR: Milwaukee Filmmaker Fights for “A Billion Lives”

Dave Sweanor: E-cigarettes a public health breakthrough

Colin Mendelsohn: If teens are going to smoke, better it be an e-cigarette

Brad Rodu: A Smokelesss History Lesson for Vaping Advocates

Dr. Edward Anselm reviews the evidence on e-cigarettes

Royal Society for the Prevention of Accidents, the Child Accident Prevention Trust, London Fire and the Chief Fire Officers Association publish “Use of e-cigarettes (vaping) in the home: advice for parents” (UK)


THR Business

Electronic Marlboro sucks Japanese smokers away from Japan Tobacco


FDA’s Cigarette Protecting Vapor Deeming Ban

Wells Fargo tobacco analyst Bonnie Herzog “Good for the Goose, Less for the Gander”
“While the final deeming e-cig regulation brings much needed structure and oversight to the e-cig/vapor category, there is little doubt that the cost and complexity of compliance overwhelmingly favor big tobacco (the goose) at the expense of smaller, less well funded players (the gander).”
“Both MO & RAI appear well prepared to comply with the FDA’s deeming regs, if not benefit from potential category consolidation.”
“We expect to see a continued shift in consumption of e-cigs/vapor back to combustible cigs as e-cig choices become more limited — a net ‘win’ for big tobacco. This has continued to baffle us given the FDA’s public health priorities.”
“As Is, Deeming Regs Are A Clear ‘Win’ For Big Tobacco, Not Necessarily Public Health – Our main concern remains that the final deeming e-cig regs will realistically stifle innovation, which could dramatically slow industry growth by dis-incentivizing consumer conversion from combustible cigs to e-cigs. This ultimately has a net negative impact on public health, which is clearly in direct opposition to the FDA’s goal.”
“Bottom line – Whether intended to or not, we believe the FDA has effectively (even if inadvertently) engaged in a form of protectionism that favors big tobacco/combustible cigs, shielding the top players from incursions by smaller players and thereby stifling much-needed competition. ”

Clive Bates: FDA shoots itself in foot, cigarette trade celebrates, public health loses – a summary in two quotes

Jacob Sullum: FDA e-cigarette regulations give smoking a boost

Holman Jenkins – The FDA’s Misguided Nicotine Crusade: Why is the agency trying to ban companies that have no role in smoking-related health problems?

Joel Nitzkin: FDA’s e-cigarette rules are a public health hazard

Mike Siegel: FDA bans safety improvements in e-cigarettes and American Lung Association supports this unprecedented regulatory blunder

Log Cabin Republicans Gregory Angelo: FDA’s cognitive dissonance on smoking

Jacob Sullum: FDA assigns zero value to smokers who die because of its e-cigarette regulations

Michelle Minton: FDA’s asinine vaping rule costs lives

Caroline Kitchens: New FDA vaping regulations will harm public health

SFATA issues statement on August 8, 2016 FDA Deeming Rule going into effect

Eric Boehm: The FDA’s new rules for e-cigarettes are already hurting vape shops

Federal regulation of e-cigarettes already affecting local stores (CT)
(article author repeats many false and misleading fear mongering claims about vaping)

Sen. Johnson says FDA ‘Threatens to Crush’ E-cig Industry with New Rules

Senator Ron Johnson seeks answers on new e-cigarette regulations

Clive Bates and 15 others (including Godshall) file amicus curiae brief in support of Nicopure Labs lawsuit challenging FDA vapor deeming ban that exposes FDA failure to quantify (or even acknowledge) >99% of the costs imposed by the rule, and failure to quantify any health or economic benefits of the rule (as none exist).

Clive Bates posts lawsuits and court filings challenging FDA Deeming Rule at

National Center for Public Policy Research and TechFreedom file amicus curiae brief in support of Nicopure Labs lawsuit challenging FDA vapor deeming ban

Kristen Frasch: Supporters of vaping, e-cigarettes fight back

American Vaping Association: August 8, 2016 – What does it mean for vaping?

CASAA: Make a call to stop FDA’s prohibition of vapor products

JAMA article quotes many DHHS funded vapor prohibitionists (who advocated FDA’s vapor deeming ban since 2011 despite being repeatedly informed it would ban all vapor products) now claiming they oppose a ban on vapor products.

E-cigarette makers rush new products to market ahead of US rules

Give that man a cigar, but quick before the regulations kick in:
To dodge regulation, producers rolled out hundreds of new smokes

Charlie Manato – Five Things: What the Aug. 8, 2016 FDA Date Means (Cigars)

Cigar (and Vapor) Imports Met With New FDA Filing Requirement

New FDA rules target Tampa’s cigar industry

FDA’s Mitch Zeller (who lobbied to ban all new smokefree alternatives as a GSK lobbyist) falsely touts the Deeming Regulation (that bans vapor product sales to US adults) as: Protecting the Public and Especially Kids from the Dangers of Tobacco Products, Including E-Cigarettes, Cigars and Hookah Tobacco

FDA lists 30 different Guidances that apply to newly deemed products, to purportedly help businesses comply (but actually encouarge vapor companies to go out of business)

FDA makes public 10 Webinars that apply to newly deemed products, to purportedly help businesses comply (but actually encourage vapor companies to go out of business)

FDA begins CTPConnect to further promote FDA tobacco policy goals

Big Pharma shill CTFK’s Matt Myers praises FDA’s vapor sales ban to adults (that is likely to kill millions of vapers and tens of millions of smokers unless struck down by the courts or by Congress), lies about Cole bill (HR 2058) to keep vapor products legal for adults, urges FDA to impose more draconian rules that will kill more vapers and smokers.

USA Today headline falsely states “Its about to get a lot harder for minors to vape” (as 48 states already ban e-cig sales to minors), but accurately quote AVA’s Greg Conley
“The bad news is that August 8th … marks the beginning of a two-year countdown to FDA prohibition of 99.9%+ of vapor products on the market.”

CS Monitor article on FDA deeming repeats false claims by DHHS and other vapor prohibitionists as facts, but includes truthful statements by Mike Siegel and SFATA

Article on FDA vapor deeming ban falsely claims East Tennessee State vapor opponent Hadii Mamudu is a “world-wide recognized expert” on vaping (TN)


Other FDA

FDA to conduct Risk Assessment – A Public Workshop on November 15/16, 2016
FDA seeks presenters and panelists (until Sept 30), speakers for the public comment period and registrants (until Oct 21). www.fda.gov/TobaccoProducts/NewsEvents/ucm515442.htm

FDA Supports Greater Access to Naloxone to Help Reduce Opioid Overdose Deaths, but bans lifesaving vapor products that help reduce cigarette diseases and deaths

FDA issues final rule “Refusals to Accept Procedures for Premarket Tobacco Product Submissions”: Public Comments accepted until October 24, 2016

FDA tightening tobacco review process

FDA announces DHHS Appeals Board upholds FDA’s Interpretation of How to Count Tobacco Retailer Violations

Single tobacco sale can yield multiple violations – HHS appeals board

FDA’s CTP wins latest ruling in tobacco violations challenge

22nd Century reports $6 million loss in 2nd quarter (very low nicotine cigarette maker relies on FDA for its past, present and future cigarette sales, as smokers won’t buy them)



CEI/CASAA v DOT: Corrected Opening Brief of Plaintiffs lawsuit challenging DOT’s vaping ban on US airlines

DC Circ. asked to undo DOT’s ban of e-cigs on flights


Cannabis Harm Reduction (and lack thereof)

Obama’s DEA chief Chuck Rosenberg rejects Governors’ request to remove marijuana as a Schedule 1 drug, claims “This decision is based on whether marijuana, as determined by the FDA, is a safe and effective medicine,” he said, “and it’s not.”
Note that many of the same Big Pharma funded vapor prohibitionists (e.g. ACS, AHA, ALA, AAP) similarly claim there’s no scientific evidence marijuana is safe or effective.

New York Times editorial: Stop treating marijuana like heroin

Gallup poll finds 13% of US adults admit to smoking marijuana (up from 7% in 2013)

Marijuana use set to overtake tobacco use in US

Eight state, including California, will vote to legalize weed either for recreational or medicinal purposes in November



14 US Senate Democrats (including most US Senators who urged FDA to ban lifesaving vapor products) urge DHHS, Labor and Treasury Departments to ensure all healthcare insurers include coverage for (i.e. subsidize the costs of) ineffective FDA approved nicotine, gums, lozenges and less-than-safe psychoactive tobacco cessation drugs.

Sally Satel: Obamacare is hazardous to smoker’s health

Ali Meyer: Obamacare costs incentivized smokers to forego coverage, smoke more



‘The stop smoking pill made me do it’: Man found not criminally responsible for shooting wife



RJ Reynolds hit with $5 million verdict over veteran’s cancer death



PA vape shop owners say 40 percent tax will cause closures

The money is starting to roll in on California’s 17 ballot propositions.

Colorado Proposed Initiative #143 would increase cigarette tax from $.84 to $2.59/pack, increase OTP tax from 40% to 62% of manufacturer price

Colorado voters could increase cigar tax

Missouri Sec of State approves two ballot initiatives to increase the cigarette tax by $.60/pack (phased in over four years) and to increase the cigarette tax by $.23/pack
www.sos.mo.gov/cmsimages/Elections/Petitions/2016-152.pdf ($.60/pack tax hike)
www.sos.mo.gov/cmsimages/Elections/Petitions/2016-080.pdf ($.23/pack tax hike)

Legal fight still looms for RYH4K IP despite making ballot (MO)

Irish Dept of Finance advocates taxing vapor products

E-cigarette levy would punish ex-smokers (Ireland)

IVVA: Government data reveals an e-cigarette tax poses risks to public health in Ireland

Irish Vape Vendors Association’s Gillian Golden and Pat Doorley of ASH Ireland debate vapor product taxation.


Vaping Bans

E-cig ban on Allegheny County Health Department radar (PA)

Bill Godshall: Smokefree Pennsylvania again urges Allegheny County Board of Health to reject proposed vaping ban (PA)

Opinions divided on banning of e-cigarettes in public places (PA)

Pittsburgh Post-Gazette editorial nonsensically claims vaping has “known health risks and dangers from chemical byproducts still to be determined,” repeats ACHD director Karen Hacker’s lie that vaping “renormalizes” smoking, endorses proposed cigarette protecting vaping ban

Hermosa Beach (CA) bans smoking and vaping on sidewalks, streets, parking lots, beaches, parks, plazas and other outdoor locations


Minimum Age

Ann Arbor (MI) City Council raises legal minimum age for tobacco and vapor sales to 21 (but MI’s tobacco tax law may preempt the local law, and MI has not yet banned vapor product sales to minors under 18 because Big Pharma shills ACS, AHA, ALA and other public health frauds convinced Gov. Snyder to veto bills that would have done so)

Schenectedy County (NY) Legislature increases minimum age for sales of deadly cigarette, low risk OTP and lifesaving vapor products to 21


Local Laws

NATO establishes new website focusing on local tobacco restrictions


Legalizing Nicotine Vapor Products

Colin Mendelsohn: Nicotine vaping should be legal (Australia / New Zealand)

New Nicotine Alliance: Call to Legalise Nicotine for Electronic Cigarettes (Australia)

Australian Consultation: Proposed amendments to the Poison Standards (until 9/1/2016)

Hostility to harm reduction in smoking: expert (Australian THR advocate Wayne Hall)

E-cigarettes could reduce smoking, says GP (New Zealand)

More on Australia and New Zealand proposals to legalize nicotine vapor products nicotinepolicy.net/n-s-p/6460-consultations-australia


Vapor Prohibition

World’s vaping industry under thick cloud as HK moves to complete ban

Vapers claim e-cigarette ban not based on any study, cite RTI reply (India)

Rustam Singh: India’s got a vape problem

Vaping Hungary exposes dozens of false claims about vaping, vapor products and vapor companies in a cigarette protecting Hungarian public health institutes report that calls for banning vape shops and online sales, and by banning vaping where smoking is banned.

Vaping Hungary request for expert opinions



UN Anti-tobacco meeting seeks to ban high-ranking government officials (and THR supporters)


Junk Science, Propaganda and Lies

NIDA funded Yale anti-vapor activists finds 20% of teen smokers who vaped in 2013 no longer smoked cigarettes six months later, and teen smokers who first used e-cigs to “quit smoking” in 2013 were 20 times more likely (than those using e-cigs for other reasons) to report continued vaping six months later. But abstract and press releases fail to report those findings, and instead advocated cost increases for e-cigs, banning vaping, and other measures to prevent smokers from switching to vaping.

Clive Bates debunks NIDA funded Yale junk science anti-vaping propaganda and policy advocacy disguised as research (that was issued and hyped to news media by Big Pharma funded AAP, which has lied about e-cigs and urged FDA to ban them since 2009)

SFATA statement regarding study on reasons for teens trying e-cigs

Reuter’s article by Jilian Mincer further misrepresents findings by NIDA funded vapor prohibitionists at Yale (and published/hyped to news media by Big Pharma shill AAP) without any fact checking

Press release by vapor prohibitionist O’Neill Institute repeats DHHS funded lies about vapor products and teens to confuse, scare and advocate FDA vapor deeming ban.

Clive Bates and Zvi Herzog detail incompetence and many false claims in Pisinger & Dosing study entitled “A systemic review of health effects of electronic cigarettes”

FDA/NCI funded OSU vapor prohibitionists deceitfully say American smokers are “encountering a lot of unproven claims that the new products are safer and can help smokers quit,” falsely accused vapor companies of violating the MRTP section of FDA’s Deeming Rule (before it went into effect), outrageously insinuate that nothing can be true unless FDA says so, and that FDA trumps the 1st Amendment of the US Constitution.
Clive Bates replies to FDA/NCI funded OSH vapor prohibitionist’s allegations

Extremists claim vapor ads urge exsmokers to resume smoking, want vapor ads banned:
Can e-cigarettes undermine former smokers? An experimental study

CDC bemoans racial disparities among cigarette smokers, but refuses to tell smokers vapor products have helped millions of smokers quit, are far less harmful alternatives. www.cdc.gov/media/releases/2016/p0804-ethnic-groups-smoking.html

Big Pharma funded American Cancer Society report criticizes state legislatures, fails to ethically disclose Big Pharma funding, falsely and selfishly claims:
– “states can save lives, reduce healthcare costs” by taxing very low risk vapor and smokeless tobacco products at same rate as deadly cigarettes,
– raising minimum age for vapor products to 21 does “not benefit the tobacco industry”,
– businesses owners cannot distinguish vapor products from cigarettes and allowing vaping in businesses makes it difficult to enforce smoking bans, and
– cancers and cancer deaths have been reduced by State tobacco control programs and by mandatory government subsidization of Big Pharma drugs for tobacco users.

Mississippi State Health Officer Mary Currier falsely claims “studies show that e-cigarette use leads to cigarette consumption,” repeats other false and misleading fear mongering claims about lifesaving vapor products.

South African Health MinisterAaron Motsoaledi falsely claims: “Some e-cigarettes have nicotine, which means they are just as bad as cigarettes,” and “There is also a belief that those that don’t have nicotine, are introducing youngsters to smoking. When they start catching it, the next level is to go to real cigarettes.”

FDA/NIH funded UNC activists find most teen e-cig users were smokers in 2011 and 2013, criticize dual use (which occurs when most smokers switch to vaping), cite fraudulent studies claiming e-cig use leads to cigarette smoking, conclude that adolescents need to be educated about the “risks of using any nicotine-containing products” www.cdc.gov/pcd/issues/2016/15_0564.htm

FDA/NIH funded UNC activists falsely claim vaping not an effective way to quit smoking, urge ineffective and less than safe FDA approved drugs instead.

Kevin Urich conflates lifesaving vaping with deadly cigarette smoking (CA)


Bill Godshall
Executive Director
Smokefree Pennsylvania

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