CDC steps up lobbying for FDA "deeming" regulation by spinning data and misrepresenting evidence

[Bill Godshall]

The good news is that a new CDC report shows sharp and consistent decline from 2000-2011 in past-month youth use (that CDC misleadingly calls "current use") of cigarettes, combustible tobacco and all tobacco.


FIGURE 2. Current tobacco use,* current combustible tobacco use,† and current cigarette use§ among adolescents in high school, by year — National Youth Tobacco Survey, United States, 2000–2011

But first sentence of CDC's MMWR report deceitfully attributes cigarette smoking diseases to use of other tobacco products, while its editorial and press release unjustifiably attack cigars and greatly exaggerate their disease risks to lobby for unwarranted FDA regulation of OTP (including e-cigarettes), more tax hikes on OTP and for more funding of ineffective and counterproductive government tobacco control programs.
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6131a1.htm?s_cid=mm6131a1_e
http://www.cdc.gov/media/releases/2012/p0809_youth_tobacco.html

Reuters ignores CDC's finding of huge and consistent declines in youth smoking during past decade, instead claims youth tobacco use decline has slowed down, repeats CDC calls for FDA regulation of OTP and more funding for government tobacco control programs.
http://www.chicagotribune.com/health/sns-rt-us-usa-health-tobaccobre87813r-20120809,0,6286804.story

 

[Bill Godshall]

Last week the CDC similarly reported a 40.7% decline in US adult per capita cigarette consumption from 2000-2011, and 36% decline in adult per capita consumption of combustible tobacco products at
Consumption of Cigarettes and Combustible Tobacco — United States, 2000–2011

But CDC's accompanying editorial falsely claimed "morbidity and mortality effects of other forms of combustible tobacco are similar to those of cigarettes" (as cigars are less hazardous because most cigar smokers don't inhale smoke and don't smoke daily), misleadingly claimed "The data suggest that certain smokers have switched from cigarettes to other combustible tobacco products" (as there is no evidence cigarette smokers have switched to cigars, but some have switched to RYO), and advocated FDA "deeming" regulation (which would apply to e-cigaretts) and tax increase for cigars and smoking tobacco.
Consumption of Cigarettes and Combustible Tobacco — United States, 2000–2011

To further advocate the unwarranted FDA "deeming" regulation and tax hikes, CDC's press release and drug industry funded anti-tobacco extremists downplayed the huge decline in smoking, grossly exaggerated cigar disease risks, youth usage and rate of switching by cigarette smokers. The news media repeated these false and misleading fearmongering claims without checking facts or interviewing objective experts.
Drop in cigarette consumption offset by increases in other forms of smoked tobacco -- ATLANTA, Aug. 2, 2012 /PRNewswire-USNewswire/ --
CDC Report Shows Tobacco Companies Manipulating Products to Avoid Taxes and Encourage Smoking — - Campaign for Tobacco Free Kids
Cigarette smokers are switching to cheaper small cigars
Americans turn less to cigarettes, but find substitutes | Reuters
http://www.nytimes.com/2012/08/03/h...-s-dot-switch-to-pipes-cigars-from-cigarettes
http://health.usnews.com/health-new...ricey-cigarettes-for-cheaper-alternatives-cdc

 

[Bill Godshall]

For accurate information about the comparable disease risks of cigarettes, cigars and smokeless tobacco, see
http://rodutobaccotruth.blogspot.com/2012/08/the-health-risks-of-cigar-smoking.html

 

[Bill Godshall]

And of course the CDC failed to acknowledge that the FSPTCA specifically prohibits the FDA from banning the sale of any tobacco products to high school seniors (i.e. 18 year olds), a clause that Philip Morris almost certainly demanded when it negotiated the text of the legislation with CTFK's Matt Myers back in 2004.

As long as 18 year olds can legally buy tobacco products, it will remain far more difficult to further reduce cigarette smoking (and any other type of tobacco use) among high school students (as 18 year olds can simply buy tobacco products for their 16 and 17 year old friends, or can resell the products to teens under 18 for a profit).

 

[sanjosse]

Bill,

As always, I appreciate the information and insight you provide.

Knowledge is Power!

 

[Bill Godshall]

Reuters and Time repeat CDC anti-cigar propaganda, downplay huge declines in youth smoking during past decade, fail to acknowledge that cigarettes are far more hazardous than cigars and OTP, or that Tobacco Control Act prohibits FDA from banning tobacco sales to high school seniors.
Study finds slowing drop in youth tobacco use - chicagotribune.com
Teens and Tobacco Use: Why Declines in Youth Have Stalled | Healthland | TIME.com

 

[TennDave]

Interesting that they see the significant decline in actual smoking as a a bad thing because it is off-set by the increase in smokeless products being used., which is known as less harmful. Certainly, youth should not be using any tobacco products but if they're going to use them, wouldn't it be better if they weren't burning it? Also, there is no mention that the increased use of cigars by black American youth could be due to the relaxation of attitudes in general regarding pot- these youth are most likely (in my opinion), rolling it it blunts and not even smoking the cigars. Unfortunately, it would be hard to research that and come up with some real numbers.

 

[Bill Godshall]

TennDave wrote

Certainly, youth should not be using any tobacco products but if they're going to use them, wouldn't it be better if they weren't burning it?

Yes, but the CDC and FDA consider any use of any tobacco product (even one cigar per month) to be the same as smoking two pack of cigarettes daily.

TennDave wrote:

Also, there is no mention that the increased use of cigars by black American youth could be due to the relaxation of attitudes in general regarding pot- these youth are most likely (in my opinion), rolling it it blunts and not even smoking the cigars.

That is the primary reason why flavored and overall cigar use has increased in the past decade, which was largely due to governmental efforts to shut down head shops, and former federal attorney Mary Beth Buchanan (who is from Pittsburgh) prosecuting Tommy Chong for selling bongs. Without access to traditional paraphernalia, many pot smokers (especially blacks in urban areas) switched to stuffing pot in blunt cigars and rollers.

 

[Bill Godshall]

One week after CDC issued a report and press release claiming cigar use among high school students increased from 2009 to 2011, and calling for FDA regulation of cigars (which would also impact e-cigs) and calling for higher cigar taxes at
Current Tobacco Use Among Middle and High School Students — United States, 2011
CDC Online Newsroom - Press Release - Gradual drop in youth tobacco use continues, but significant problem areas remain
that generated news stories, editorials and Congressional press releases cited above and on other threads, today the DHHS issued a "Ending The Tobacco Epidemic" progress report at
Ending the Tobacco Epidemic | HHS.gov
http://www.hhs.gov/ash/initiatives/tobacco/tobaccoprogress2012.pdf
that shows past month cigar smoking among high school students declined from 2009 - 2011 (see page 28 of the pdf report immediately above).

This has become a common tactic by CDC, whereby they cherry pick selective data from selective surveys to generate negative news headlines, while failing to acknowledge that other CDC surveys found contradictory results.

 

[Hulamoon]

Typical abuse of taxpayer's money - smacking themselves on the backs and demanding more money because of their "successful" and "hard-hitting" campaigns. The only thing I see in their blah blah blah are the words "and if you do smoke, quit". Wow! Stupid me, I never thought of that! Sheesh. Bunch of ....... What I would REALLY love to see on the same chart as the declining cigarette sales would be another line showing the increased illegal drug use that is occurring. In other words, youth finds the latter cheaper and more glamorous. It has nothing to do with the CDC. CDC's campaigns are every bit as effective as Nancy's Just Say No.

 

[Bill Godshall]

Several minutes/hours after CDC issued its MMWR and press release on August 9 (cited on the first posting of this thread), CTFK issued a press release at
CDC Survey Shows Slow Declines in Youth Cigarette Smoking, but Troubling Increase in Cigar Smoking b - Campaign for Tobacco Free Kids
with the following excerpt:

These troubling trends come as tobacco companies have countered declines in cigarette smoking by marketing a variety of new cigar and smokeless tobacco products, many with sweet flavors and colorful packaging that attract kids. In particular, some cigar manufacturers have exploited tax and regulatory loopholes to market cheap, sweet-flavored cigars that look and are smoked just like cigarettes. To evade higher tax rates on small cigars, manufacturers have increased the weight of some small cigars to qualify for the lower tax rate on large cigars, keeping them cheap and affordable for kids. In addition, because cigars are not yet regulated by the Food and Drug Administration, tobacco companies have been able to circumvent a ban on candy and fruit-flavored cigarettes by marketing similarly flavored cheap cigars.

Congress and the FDA must take action to close these loopholes and stop the tobacco industry's latest strategies to target our kids. Congress and the states should increase tax rates on all tobacco products to the same rate as cigarettes to prevent tobacco companies from evading taxes and marketing cheaper products that entice kids.

The FDA should use the authority it received under a 2009 law to assert jurisdiction over cigars and all other tobacco products, as it promised to do in December 2010. Until the FDA does so, tobacco companies will continue to find ways around existing regulations aimed at protecting kids and public health. It is also imperative that Congress reject pending legislation (H.R. 1639 and S. 1461) to exempt some cigars from regulation, which would help tobacco companies continue marketing cheap, sweet-flavored cigars to kids.

The 8/9 press releases by CDC and CTFK generated the misleading news articles and calls for FDA to issue the deeming regulation (that would effectively ban most e-cigarettes)

 

[Vocalek]

I think it would be great if the tobacco companies joined forces and sued CTFK for making libelous statements about them selling to kids. There are numerous examples. They could call for a cease-and-desist order against making such false claims, a public apology by CTFK leadership--including a press release sent to all major media outlets, and payment of their legal fees as the sole compensation.

 

[Bill Godshall]

Tobacco companies aren't going to sue CTFK.

But if the FDA proposes and approves the deeming regulation to apply Chapter IX to e-cigarettes, cigars and other unregulated tobacco products, I anticipate that lawsuits will be filed against the FDA.