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3/11/14 - hrngs *this* wk: NJ, Philly; CASAA updts MN & HI; BREAKING: new nic. inhalation technology, patent suit; UK, US: MA, MD, DC, FL, SD, NE, CA

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Jan 19, 2014
Moved On
    [ Just paste broken links shown in purple directly into your browser - the extra line doesn't matter. Pls. PM me if you have more recent info. about proposed/actual legislation, if you think I've missed an important story, or if you want more tweaks to the formatting program. ]

    1) CASAA updates CTAs on Minnesota: CASAA: Call to Action! Minnesota E-Cigarette Usage Ban
    and Hawaii: CASAA: Call to Action! Washington Bill to Impose Excessive 95% Tax on E-Cigarettes

    2) Philadelpha hearing Thursday on proposed vaping=smoking extension to indoor/outdoor vaping ban (and that's by no means all ... there are actually two proposed ordinances) - see this post for more info: http://www.e-cigarette-forum.com/fo...cigarettes-existing-indoor-smoking-ban-2.html

    3) NJ proposed massive tax increase hearings this week see: http://www.e-cigarette-forum.com/fo...-cigs-rate-equal-2-70-pack-cigarette-tax.html

    4) New nicotine inhalation technology introduced which doesn't resemble a cigarette in appearance, and has no "secondhand vapor." Manufacturer claims that it satisfies "unmet needs," and that initial trials show an "up to 83% smoking urge reduction."

    5) Imperial Tobacco, the world's fourth-largest tobacco company, sues major all-in-one ("cigalike") manufacturers njoy, LOGIC, Blu (Lorillard), etc., claiming patent infringement.
    Note: Bill posted when I was editing, discussion on this topic goes here: http://www.e-cigarette-forum.com/fo...akers-claims-dragonite-patent-violations.html

    6) Tobacco cigarette sales continue to drop precipitously, reports from Altria (formerly PMI) and R.J. Reynolds out.

    7) ANTZ meme that vaping is marketed to children, who are "7 times more likely" to become regular tobacco smokers is continuing to gain traction. Sen. Blumenthal and Rep. DeLauro (both of CT) held a press conf. Monday. Press coverage in the US and around the world continues to be credulous, and even the UK's NHS has picked up the message.

    []8)[/B] SD's simple minor sales ban (SB 181) now ready for Gov. Daugaard's signature (another state may be off the list of potential trouble spots for this legislative session.)

    Coverage: UK & US STATES: MA, MD, DC, FL, SD, NE, CA

    Also: Gary Cox on the contradictory nature of the LA City Council Members' impassioned personal pleas regarding vaping; the Consumer Report's month-old "don't try vaping for cessation" piece just won't die.



    Title: E-Cigarettes are a Gateway to Cigarette Use and Inhibit Quitting? Then Why is the Decline in Cigarette Consumption Accelerating?
    (Dr. Siegel's blog) http://tobaccoanalysis.blogspot.com/2014/03/e-cigarettes-are-gateway-to-cigarette.html
    Sales reports of Altria (formerly PMI, makers of Marlboro), and R.J. Reynolds (Camels) indicate a precipitous decline in cigarette consumption. How exactly does this square with rising sales of PVs, if PVs are responsible for "more smoking, not less" as Glantz would have it. Siegel credits Bill Godshall "for the tip." [Perhaps Glantz and his ilk would be essentially forced to argue that Tobacco Control policies have been unusually successful of late, and would be even more so, were it not for vaping. However this belies the minimal levels at which tobacco cigarette sales (and cigarette smoking) declined prior to 2010, despite the fact that virtually all of today's taxes and other restrictions were in full force by then.]

    Title: It is preferable for surgical patients to use e-cigarettes rather than smoke cigarettes [Letter in reply to letter]
    (BMJ) It is preferable for surgical patients to use e-cigarettes rather than smoke cigarettes | BMJ
    Letter by Dr. F. (Konstantinos Farsalinos) - I couldn't see the content because I decided not to register for the 14-day trial, but it appears to be a response to this: http://www.bmj

    Dr. Farsalinos writes: "The title of Holmes and Southern’s letter led us to expect descriptions of case reports on the detrimental effects of e-cigarettes and an attempt to associate such effects with the use of e-cigarettes.[1] Instead, the letter just mentions the theoretical adverse effects of e-cigarettes on surgical outcomes and is not backed by ... [end of what I could see]."

    Title: LA Stands Firm against Harm Reduction (ECF's InfoZone)
    LA Stands Firm against Harm Reduction - ECF InfoZone
    Gary Cox on why the impassioned pleas of City Council Members are entirely self-contradictory.

    Title: E-Cigarettes: The explosion of vaping is about to be Regulated
    (Stanford U. blog) http://scopeblog.stanford

    "Interview" ("infomercial" would be a more descriptive term) with Robert Jackler, MD, chair of otolaryngology at Stanford Medicine, who "has long studied the effects of tobacco advertising, marketing, and promotion through his center, SRITA (Stanford Research Into the Impact of Tobacco Advertising)."
    This classic hit job contains all the elements of professionally-done ANTZ propaganda. (1) BT is behind vaping, and is using it to hook a whole new generation of smokers on nicotine; (2) e-cigarettes are intentionally marketed to children; (3) this gateway to tobacco smoking is working very well indeed (Dutra & Glantz JAMA paper mentioned); (4) e-cigarettes are unregulated and "contain" ... [fill in the blank with your favorite "study" such as FDA '09 etc.]; and (5) vaping is utterly conterproductive as THR because it results in "more smoking, not less."
    The "interviewer" concludes: "After [speaking with Jackler] I'm convinced we’ve been down this road before and it wasn’t pretty health-wise. More than 16 million Americans suffer from a disease caused by smoking. Listen to the podcast and you be the judge about the true intentions of those promoting e-cigarettes."
    Amazingly, comments are permitted, and vapers are doing a pretty good job so far. It would be nice to see more. Your humble correspondent predicts that we're going to see this "interview" syndicated quite shortly. It's already starting ... here:

    Title: The rise of e-cigarettes



    Title: e-Nicotine Technology to Bring Electronic Nicotine Delivery Products to Market to Address Key Unmet Needs for Smokers and the Public Health Community
    (WSJ's Market Watch) http://www.marketwatch

    "e-Nicotine Technology (eNT) today announced details regarding its family of products aimed at helping smokers as they transition off of combustible cigarettes. Having recently completed clinical trials in nearly 100 smokers and showing rapid (within 1-minute), dramatic (up to 83% reduction) and sustained smoking urge reduction, eNT is moving forward toward the launch of its family of state-of-the-art electronic nicotine delivery products.
    This new product is touted as "not looking like a cigarette" and having no "secondhand vapor."
    'Additionally, our product platform is amendable to eventual development as a more traditional nicotine replacement therapy (NRT), which are marketed for smoking cessation by pharmaceutical companies like GlaxoSmithKline, Johnson & Johnson, Novartis, and Pfizer. For our initial product, we will be launching commercially across Europe first.'"
    It appears that the user has very little control over it:
    eNT’s initial launch product includes a reusable electronic controller that comes standard with an interface to proprietary mobile e-health tools allowing each user to carefully track their usage and help them to transition completely off of cigarettes and nicotine if they choose.
    No junk.

    Title: Imperial Tobacco unit sparks e-cig dispute in patent suits
    (Bloomberg, US Nat'l Bus.) http://www.northjersey

    Imperial Tobacco, the world's 4th-largest tobacco co., claims that it owns the patent on vaping technology, and is suing the makers of Blu, LOGIC, and NJOY (among others). Imperial manufactures brands such as Players and Gauloises; most of its sales are outside of the Americas. No junk. See also: http://www.ft

    Note: the first time I attemped to bring up this article, I was blocked by the Financial Times paywall. I figured I wouldn't bother to look up my password. But it let me in the second time, when I returned to collect the URL. (Some programmer goofed, it seems.)The FT piece is much more informative than B'berg, although I couldn't quite figure out what the exact basis of the suit was. No junk in either story.
    Note: Bill posted when I was editing, discussion on this topic goes here: http://www.e-cigarette-forum.com/fo...akers-claims-dragonite-patent-violations.html

    Title: The Official E-Cigarette of SXSW Tastes Like Crap
    (UK based Vice media tech/trends web site) http://motherboard.vice

    The title of this junk-free piece says it all. It's also noteworthy because an R.J. Reynolds rep. responds in the comments section. [To repeat what I said in the media round up a couple of days ago ...]
    The VUSE is every experienced vaper's nightmare, because it's completely proprietary, tracks every puff (perhaps future versions will upload this information without your consent), and contains essentially no user-customizable options (and obviously the user has no control over the e-juice, which can only be replenished by purchasing another proprietary tamper-free cartridge). These are the attributes that many vapers fear will become required by the US FDA as well as the de facto result of the EU's TPD ... even as homemade or nonstandard vaping equipment becomes illegal to sell (and perhaps eventually unlawful to possess, as "paraphernalia."). For a glowing (but rather naive) review, see:



    Title: Are e-cigarettes a 'gateway to nicotine addiction'? [Re: JAMA article]
    (NHS) http://www.nhs

    I decided against listing this in the collection of articles about the JAMA paper by Dutra & Glantz and Schumer's press release (etc.) at the end, because this is written by the NHS, and thus has semi-official status as the pronouncements of a gov't agency.
    If you've been following the controversy over the JAMA article, there's nothing in here that will be surprising to you. (If you're new to this "junk science party," I suggest you take a look at:

    It turns out that the writer(s) grudgingly acknowledges the problems with the JAMA study's conclusions at the very end of the NHS piece, but one must be a tenacious and sedulous reader to trudge that far. For much of the article, the junk science is portrayed as fact, under what appears to be the guise of explication.
    Also picked up by the US NIH:



    Title: What’s in e-cigarettes, and are they safe? A few issues to consider before you ‘vape.’
    (US Nat'l Paper) http://www.washingtonpost

    The horrid Consumer Reports article from about a month ago will never die, it seems. The video version of this has been repeatedly run by network and other affiliate TV stations around the US (and even overseas) under a title that usually looks something like this: "E-cigarettes under the microscope." Contains about 75% of the junk science we've come to expect - "nothing is known"/FDA '09 (diethelyne glycol)/metal particles etc., no documented cessation effect, etc. In a nutshell: vaping has no redeeming virtues; could be extremely dangerous; and should be avoided. Here's one of the more typical pieces that we've seen put out by local networks: http://wtkr



    Title: A Cigarette By Any Other Name: E-Cig Concern in Commonwealth
    (MA US ind. web site) http://www.publicnewsservice

    The title of this worthless throwaway piece says it all: vaping = smoking, although the junk in it seems to be mostly limited to "we just don't know." Research was apparently done by consulting local ALA rep., and every paragraph of the story seems to be written with the aim of alarming the reader in mind. Apparently the author doesn't know about FDA '09, nanoparticles, etc.
    [ HB 3726 would ban vaping wherever smoking is banned, see CASAA call: CASAA: Call to Action! Massachusetts E-Cigarette Usage Ban -- HB 3726 (formerly HB 3639) (UPDATED) ]



    Title: Proposed ban on e-cigarettes in public places draws opposition
    (St. Mary's Co. MD US newspaper amalgam site) http://somd.com/news/headlines/2014/17918

    Somewhat junky hearings report on MD HB 1291 which would define vaping as smoking for purposes of MD's indoor/outdoor clean air act. MD Health Dep't official claims that the bill is at least in part justified by reports of teachers vaping in classrooms in front of students (which is why vaping needs to be banned in pubic parks, right?). Quotes CASAA's Carl Phillips: "'Being able to use an e-cigarette in a bar or one’s office is a major draw,' said Carl Phillips, scientific director for the Consumer Advocates for Smoke-free Alternative Association. “Come for the convenience, stay for the 99% reduction in health risk.'" However the piece goes on to quote the sponsoring Rep. (Aruna Miller) who uses the minor gateway argument, which the writer of the story treats as fact - along with the idea that vaping is smoking.
    [ MD's HB 1291 would define vaping as smoking for Indoor Clean Air act purposes. _http://blog.casaa.org/2014/02/call-to-action-maryland-e-cigarette.html also see smokeless tobacco tax increase which will likely affect vaping next year: CASAA: Call to Action: Maryland Wants to Raise the Tax on Smokeless Tobacco from 30% to 95% explained here: http://www.e-cigarette-forum.com/fo...tronic-smoking-devices-hearing-march-5-a.html and (smokeless tobacco only):


    US: DC

    Title: VRE: e-cigarettes not allowed on trains
    (Wash. DC CBS affiliate)
    VA Railway Express, while conceding that vapor "may not be harmful," has decided to "follow the lead of other commuter agencies." What's surprising about this brief junk-free announcement is that vaping is still permitted on the 100 northermost feet of outdoor rail platforms. (Any bets on how long that will last?)



    Title: Lawmakers may ban e-cigarettes for minors
    (W. Palm Beach FL US NBC affiliate) http://www.firstcoastnews

    Brief junk-free report on FL's simple minor sales ban SB 224. This is opposed by A/G Bondi because it doesn't ban flavors.



    Title: Penalities OK'd for underage drinking parties, e-cigarette sales to youth
    (Rapid City SD US local paper) http://rapidcityjournal.com/news/local/penalities-ok-d-for-underage-drinking-parties-e-cigarette-sales/article_aa8e7a17-873e-5efb-b0ad-05d4b33ea226

    SD's SB 181 is now ready for Gov. Daugaard's signature. This bill was opposed by the ANTZ because it doesn't define e-liquid as a "tobacco product" and/or doesn't extend the state indoor clean air act to cover indoor/outdoor vaping (and impose taxes, etc). SD appears to be no longer under threat for the current legislative session. No junk.



    Title: Proposed E-Cigarette Ban for Neb. Minors Sparks Debate
    (AP) http://www.northplattepost

    This appears to be about LB 861, NE's simple minor ban legislation, on the floor of NE's unicameral legislature. Apparently the opposition hasn't been fueled by an ANTZ org. which opposes simple minor sales bans unless they're worded to define PVs as "tobacco products." Instead, it comes from: "Sen. Jerry Johnson of Wahoo [who] tried and failed to change the legislation so that the product wouldn’t have to be behind a counter or in a secure display case. He says if the e-cigarettes can help people break a smoking habit, they should have better visibility." Also syndicated here, as well as in a few other places: http://www.sfgate



    Title: County Agencies Address Growing E-Cigarette Trend
    (Dana Point/San Clemente CA US local papers) http://www.danapointtimes

    Orange Co Sheriff's Dep't to do presentations for parents. These seem to be focused primarily on the use of PVs to consume OTHER_STUFF, and I can find no mention of ANTZ orgs in this article. Although I'd be rather surprised if none of them showed up, in order to helpfully advise adult smokers to avoid trynig vaping as a THR/cessation method. Similar story: http://www.thecapistranodispatch

    [ CA is under threat from a wide variety of legislation, such as an internet sales ban: http://www.e-cigarette-forum.com/fo...-shipment-e-cigarettes-anyone-california.html ]

    Title: Dr. Jandial: Unknown Science of E-Cigarettes
    (LA CA US ABC affiliate) http://ktla

    What's fascinating about this interview is that the good Dr. had to be prompted by the anchorwoman to discuss FDA '09 (diethylene glycol) and "proplene glycol, an ingredient found in antifreeze." On cue, the Dr. doesn't question FDA '09, and says not a whit about the fact that PG is used in FDA-approved inhaled therapies. Instead he says something to the effect that adults should be allowed to injest dangerous chemicals if they so choose, but that bystanders shouldn't be affected (you know, like in pubic parks or on beaches). Second anchorman says: "... the tobacco industry is so good at targeting young people, and making it seem like an attractive thing, I suspect that whoever's behind e-cigarettes is doing the same thing." Finally the MD falls in line by saying: "I don't really like candy flavors myself, and I'm getting older, and it's really targeting teenagers. They're looking for that next cycle of people who use tobacco in any form, so they can keep that industry going." Your Correspondent thinks it might be interesting to have these folks discuss the single bullet theory of JFK's assasination. (Seriously: it seems clear that the producers were prompting both anchors and the Dr.) What's amazing is that the JAMA paper wasn't mentioned, nor were the "tin nanoparticles," so perhaps this doesn't fit into the category of a true professional hit job. But you gotta hand it to them for trying.

    Title: Devil’s Advocate: Why there shouldn’t be a ban on e-cigarettes
    (Cal. St. Fullerton US student paper) http://www.dailytitan

    Student-written editorial says what most vapers are thinking. Although there has only been one comment since I saw it yesterday evening, apparently the prospects of allowing outdoor vaping anywhere on a California campus are so remote as to be beyond any effort to stir controversey. The writer might as well be advocating for the right to test a nuclear bomb on campus.



    Sunday (3/9), US NY Sen. Chuck Schumer issued a press release that combined three points, and lead to the widely-repeated headline: Teens [who vape] seven times more likely to become [tobacco] smokers The three issues that were brought together in the press release were:

    1) Dutra & Glantz's "minor gateway" paper which was released in JAMA pediatrics on Thursday 3/6. Although there are parts of the paper in which the authors acknowledge that correlations are not causative, there are other statements they've made in the press release, media interviews, and in the paper itself which do imply that vaping "causes more smoking, not less" (among minors).

    2) A story in Weds' NYT that listed claims to the effect that the 2011-2012 CDC study of school-aged children and smoking may have undercounted vaping teens, because some of the products are sold under different names, e.g. "vape pens" or "e-hookahs." I've listed a link to that in the background area.

    3) The Feb 26th introduction of the Protecting Children From Electronic Cigarette Advertising Act of 2014 (PCECAA) by a group of national US legislators (among which Schumer is a co-sponsor).

    What's still not clear about the press release is whether Schumer is simply ginning up support for the existing version of the PCECAA, or whether he'll be proposing changes, or whether he's laying the groundwork for new legislation.

    What is evident is that the media has accepted that vaping is being marketed to teens, and that BT is successfully conerting young vapers into tobacco smokers.



    Title: E-Cigarettes, Under Aliases, Elude the Authorities
    (US Nat'l Paper) http://www.nytimes

    For background, here's the article on "vape pens" and "e-hookahs" that Schumer is talking about in his press release.

    Title: Conclusion of New Glantz Study on Electronic Cigarettes is Junk Science
    (Dr. Siegel's blog) http://tobaccoanalysis.blogspot.com/2014/03/conclusion-of-new-glantz-study-on.html
    For background, here's the analysis of the JAMA paper released on Thursday, in which Tobacco Control researchers Dutra and Glantz argue that vaping is a gateway behavior for minors which leads to tobacco smoking.

    Title: Glantz Press Release is Dishonest with Public; Authors Appear to be Intentionally Lying to Mislead the Media and the Public
    (Dr. Siegel's blog) http://tobaccoanalysis.blogspot



    We continue to see credulous and admiring coverage of both the press release and the JAMA paper. As a general rule, both types of articles are junk, and I haven't bothered to comment on them. Chances are pretty good that you're seeing them in your local media, no matter where in the world you live. I've listed the few that deserve comments first.

    Recent development: Sen. Blumenthal and Rep. DeLauro had a press conf. yesterday (Mon 3/10) in which they followed up on Schumer's press release, driving home the basic message that BT is doing everything it can to market PVs to children, and having unparalleled success in creating the next generation of tobacco cigarette smokers. (Neither of those things are true in the slightest, of course. Minor tobacco smoking is plummeting, and there's no evidence that BT is marketing flavors or cartoon characters, etc. Although local independent vape shops seem to do a rather brisk business selling fruit and other fun flavors to adults who happen to like them.)

    Title: Curbing E-Smoking Ads Won't Be Easy
    (Hartford CT US local paper) http://articles.courant

    Although this editorial accepts the meme that "e-cigs are marketed to children" as fact, it suggests that legislation may not be effective, due to limits imposed by the courts. (Really? Are they familiar with the history of tobacco cigarette advertising?)

    Title: Blumenthal, DeLauro: E-hookahs attractive, dangerous, and marketed to children
    (Republished from NH Register, New Haven CT local paper) http://www.middletownpress

    This seems to be a particularly virulent version of these stories, which contains lengthy quotes from Sen. Blumenthal and Rep. DeLauro.

    Title: Teenagers Are Combining Cigarette Smoking With Use Of Electronic Cigarettes
    (U. Houston TX US public TV/radio web site [PBS]) http://www.houstonpublicmedia

    Title: E-Cigarettes: A hip gateway for the young to get hooked on tobacco?
    Title: Not so fast on e-cigarettes [subtitle or alternate title]
    (Boston MA US local paper) http://www.bostonglobe

    This opinion article is a great example of how the three parts of the ANTZ meme can be assembled into an argument that might be compelling to an ignorant reader. I'd describe the elements as a kind of "talking points kit" that can be used efectively by any writer or organizer - they're downright foolproof.

    Title: Planned Regulations on E-Cigarettes Are Overdue
    (Bloomberg) http://www.nhregister

    This is a clone of an unilluminating editorial ran yesterday in the Norwalk local paper The Hour. I didn't mention that it came from Bloomberg, so we'll probably be seeing more of it.

    Title: E-cigarettes may cause nicotine addiction in teens
    (India Nat'l Gen'l Interest News Mag.) http://www.dayafterindia

    A letdown, given that this is one of the more in-depth Indian mag.s which prides itself on being India's equivalent of The Economist and a serious competitor to India Today.

    Title: Health Alerts: E-cigarette use in teens may lead to more smoking
    (Dallas TX US local paper) http://www.dallasnews

    Title: Senator Schumer Goes After E-Cigarette Marketing
    (US Nat'l convenience store retailer trade 'zine) http://www.nacsonline


    COLLECTION: E-cigarettes: fresh air or smoke and mirrors?

    This AP story has been making the rounds. Some of the clones have different titles, just look for the AP attribution and writer Leanne Italie's byline.

    Title: E-cigarettes: fresh air or smoke and mirrors?
    (AP - re: NYC) http://abcnews.go

    When I read the title of this story, I expected another "hidden dangers of e-cigarettes" piece - until I saw the AP byline. To my utter astonishment, there isn't one single paragraph in this story which quotes a rep. from any of the standards ANTZ orgs, or even a local MD. The closest it comes is to quoting CT Sen. Blumenthal who points out that "it's still smoking" (regardless, I suppose, of what's in the juice). In fact the first half of the article focuses on the cost of vaping, which doesn't necessarily compare all that favorably to smoking tobacco cigarettes (according to the author). The rest of the piece focuses on two vape shop owners' journey into vaping. A very refreshing break from all the usual garbage in the media.
    [ NY has a vaping=smoking bill indoor ban now in the legislature. See: http://www.e-cigarette-forum.com/fo...ng-e-cigs-contain-tobacco-all-workplaces.html also tax bill: http://www.e-cigarette-forum.com/fo...-tax-e-cig-cartridges-75-wholesale-price.html ]

    Other syndicated copies:










    Unlike the other versions of this story, the Erie PA Times-News appears to have sumarized it for publication.


    Google Tips

    to see whether there are bad things happening where you live, try this Google search (example for Rhode Island) -
    rhode site:casaa.org
    (Replace rhode with a single word that describes your city, county, or state. For ex., if you live in Eau Claire, WI - you might use "Claire" to see if something is being proposed at the city level. Don't forget the : (colon), and be sure that there's nothing before or after the colon (not even spaces or tabs.)

    You can also try replacing site:casaa.org with e-cigarette to find out what the media is reporting in your area. This is usually most helpful if you use the search tools to search by date. (CASAA doesn't generally issue calls or alerts until a bill is out of a state legislative committee, or is scheduled for a local city or county hearing.)
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