A flight of fancy induced by poison stories and other media coverage

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Jan 19, 2014
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Today, I was reading a grocer's trade 'zine's faux round table discussion:
http://www.groceryheadquarters.com/2014/04/
forging-a-vapor-trail/

(You can paste that link right into your browser - the extra line won't matter.)

Among the participants were Jason Healy, the Blu founder/pres (who sold the firm to Lorillard), and spokespeople for Altria (formerly PMI) and V2.

While the issue of minors and flavors came up rather briefly, I couldn't help noticing that there was no discussion at all about the recent poison center calls frenzy. I guess that make sense, insofar as most of the rep'd firms limit themselves to cigalikes (V2 being the obvious exception).

This got me to thinking about what effect the recent poison center calls frenzy might ahave, alhough this morning's flight of procrastination-induced fancy here extended beyond my initial expectations) ...


Junk Studies from tobacco Control Institutes (short-term future):

How long does it take for UCSF's Center for Tobacco Control Research and Education to churn out a junk study on poisonings? (The data will be easy enough to get.)

I have no idea, but my guess is that the Grana et al. letter regarding cessation didn't take much time at all to produce. Same with the Dutra & Glantz minor-gateway-to-tobacco "study."

There must be plenty of grad students who are happy to do any grunt work. And it seems that the folks at JAMA are none too particular when it comes to the norms of science and statistics - at least in this context.

This may not be a bad way to fill some time until the CDC's next junk survey of 20,000 minors and the California state survey of 400,000 schoolchildren come out. See:
http://www.nytimes.com/
2014/03/05/business/e-cigarettes-under-aliases-elude-the-authorities.html

The C.D.C. is sending a tobacco-use survey to 20,000 students nationwide that asks about e-cigarette experimentation but does not identify the devices by other names. The state of California, through a nonprofit partner called WestEd, is asking virtually the same question of 400,000 students.


Short- and Intermediate-Term Opportunities for Vaping Opponents:

This should be an easy one. Jurisdictions that ban user-refillable tanks and e-liquid sales will have an easier time of squeezing out the smaller players and successfully imposing high levels of taxes and regulations.

Such jurisdictions might be (multi-)national - e.g. the EU or the FDA. But they also might include subnational jurisdictions such as US states, Canadian provinces, or even municipalities. Obviously a ban on local sales of user-refillable tanks and e-liquids would be the dealth knell of small vape shops.


Long-term Consolidation of BT, BV ("big vapor"), BP, and the Rest of the Tobacco Control Industry:

We hear this repeatedly from the more "moderate" members of the medical profession - they're not against vaping technology, they just want it to join the ranks of FDA-approved cessation tools. I believe this what the original draft of the EU TPD called for, and two large UK firms have already applied for this status in the UK.

Under this view, users would be able to get vaping technology, but it would be dispensed by prescription only in a manner similar to existing nicotine inhalers. Clinicians would carefully monitor the patient's use of the devices (which might contain microchips). Patients would regularly report to trained and Certified Tobacco Cessation Officers as part of their therapy.

In order to implement this regimine, all sales of user-configurable vaping devices would be banned, as well as the possession of same ("nicotine paraphernalia"), regardless of whether users were actually using them to vaporize nicotine. Water-soluable nicotine would be similar to a variety of opiates - legal for consumers to possess only with a prescription (and only in approved forms/devices/etc.).

And since PVs would be considered therapeutic devices, vapers who regularly participate in their Tobacco Cessation Treatment Program would be eligible to "medicate" themselves anywhere (since this will not be considered "smoking" under applicable Clean Indoor Air Acts). The electronic devices would carefully control and moniter the dosages, based on the patient's clinician-approved therapeutic regimine. (Similar to methodone treatment.)

This makes good economic sense for all deep-pocketed parties involved, since the profit margins and additional profit-generating potential of "therapeutizing" vaping are enormous. Costs for the devices would be paid from existing insurance funds, and well-compensated professional staff would be trained and certified by the same organizations that handle all other Drug Addiction Professionals.

In order to encourage participation, municipalities everywhere would start going "smoke free" (that means "vape free," too - since vaping from an unauthorized device would be considered "smoking" even before posession of such devices is outlawed). Trace amounts of certain harmless chemicals would be added to the authorized devices, so that "cheaters" who use unauthorized nicotine-based vaporized liquids would be detected whenever vehicles and dwellings are sold, or whenever multi-unit tenancies change hands. Blood tests would be required for all gov't employees as well, and such requirements would likely spread to the private sector (at the behest of insurance firms).


How long would it take for the full program to be implemented?

Your guess is as good as mine. But the end of 2016, the EU's TPD (rough) compliance deadline, strikes me as acheivable in the EU as well as in the three major English-speaking nations outside of it (US, Canada, Australia). Presumably major Asian nations such as China, India, Japan, etc. would move along a similar timetable, as would the CIS governments.


Continued Legality of Combustible Tobacco?

Combustible tobacco products would probably continue to be made and sold in some third world nations. A small black market might exist in the industrialized countries as well, similar to that for certain illegal drugs. But since BT's business model in those nations would be completely transformed into partnerships with BP, BV and the health insurance industry, legal combustible tobacco products would become luxury goods - the province of the very wealthy, who would discreetly enjoy them in certain exclusive locations.

There would be little need to legally "ban" combustible tobacco products, since they would be out of ordinary consumers' reach in terms of price, and they would only be available via F2F purchase at a small number of outlets that cater to the wealthiest clientele.


The Final Result

Governments would be happy, since the tax amounts that they currently collect from combustible tobacco sales would now be replaced by revenues from the new combined Therapeutic Tobacco Industry - which will be formed from BT/BV, chunks of BP and the existing Tobacco Control Industry.

Institutions like UCSF's Center for Tobacco Control Research and Education would continue to be funded just as before, albeit with a slightly different mission (but no need for a name change).

Clinicians and Health Insurers everywhere would be delighted, since the revenues which are currently collected by the recreational tobacco industry (BT, etc.) would now be dedicated to Tobacco Therapy.

"Non profit" orgs such as the ALA etc. would be absorbed into the new industry, and their employees would become the Certified Tobacco Cessation Officers who oversee patients enrolled in Tobacco Therapy (just as any group of recovering drug addicts must report to their Cessation Officers).
 
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FourWinds

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I'm not a fan of medical regulation, I'm not even a fan of the current dual stream regulatory approach it seems we're faced with here in the UK. It seems to me that anything that devalues e-cigs in the minds of current smokers is a win for BP and BT: their lobbying will have worked.

Now I've been in the e-cig game for a few months I'm calmer and less outraged by all the rubbish being churned out. As time goes on there is mounting rational comment from the medical profession, and even some politicians. I think that simple strength of numbers will make it too hard for the continuation of the fight to kill off e-cigs.

When I meet the new vaper now, worried about the future, I simply tell them to get all the smokers they know converted, and to ignore any law that tries to take e-cigs away, even the vaping inside laws. Rational truth and the numbers of vapers will be what wins out in the end.
 

aikanae1

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In the US, ecigs are not considered medical devices so I don't see what we're familiar with can be controlled by prescription.

I do think the market has been carved up already with BT able to sell lower nic, ineffective devices through their distribution networks and BP selling their "inhalation" devices through prescriptions and those will have higher, more effective nic levels. Pricing will be the same as smoking or more since prescription inhalation devices will be covered by some insurance. BP has traditionally considered nicotine and it's delivery as medical. Everyone gets their share of the pie.

However, for that to work, devices we know now, imports direct from China and homemade devices / liquids need to be illegal, enforceable and that includes internet sales / fines / criminal penalties.

I should also add that I think this is what ANTZ expected to happen. I don't think they expected much pushback since everyone hates smoking. I don't see many signs that they've got a Plan B that includes currently used devices.

That's why I think spreading the word and making it clear that vaping is not smoking is critical. I think local municipalities need to be made aware of how difficult and expensive bans / taxes would be to enforce.

I also think it's important to make the point that vapers are NOT being represented by BT / cigalikes. But for that to happen, there needs to be much more vender support to gain a "seat at the table" when regulations are drawn up.

I'd like to see signs of more organizing by business' in the vaping industry.

I'd like to see more "whack-a-mole" / civil disobedience with the bans currently passed to make the point.
 
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aikanae1

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Can't see Vapeing being banned if classed as a tobacco product, since cigarettes are legal.

All you have to do is read the legislation that passed. Nothing we use now was available and on the market in 2007. Cigarettes were so they are exempt.

Anything else needs to go through approval application that's impossible to get approval for, if an application can even get to that point. So far in 4 years, only a handful have been approved; cigarettes and rolling papers. 3,000 pending and I'm not sure there's a count of how many not making it to that point. Small manufacturers are out. Currently, not even ego's and ce4's can be sold. That's it, the end.

There's also a clause that allows adopting the regulation to anything new and IMO, that's kind of the mushy area since no one could even imagine ecigs when the act was written. The act also allows cities, states, pretty much everyone else to pass whatever legislation that they see fit. Which they are doing.

This is my opinion after reading it. The act is up on the FDA's page. Congress passed it. Even changing the date to 2009 would allow some basic vaping industry to exist.
 
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aikanae1

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Roger, you sneaky b*stard, you've been hacking into Slantzz's secret notes files, haven't you?!

I'm off to research "how to start your very own black market" and "when civil disobedience becomes a necessity."

I've lost track of what bans did manage to get passed and what they covered.

It might be helpful to have a list of proposed bans that passed / failed because I do know the failure rate is much higher than passing. That would be a morale booster and motivator to see in black and white. Such a list might already exist for all I know.
 
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