Volume 2 | December 6, 2016
Vapor News and Views
News and views on vapor tax and regulatory issues from across the United States. The best way to stay up to date with what's happening in Washington and in your state capitol.
Friends,
You'd think as we approached the Holidays, things would slow down a bit... Wrong. The U.S. Surgeon General recently released a 251-page report outlining the hazards of vapor products (see: nicotine) to America's youth. Funny thing... the report neglected this year's data which showed something quite interesting. Read below!
Senator Ron Johnson keeps on keepin' on. He's moving his attention beyond the FDA and towards the incoming administration. The reality is that the solutions approach over the next two years is two pronged - legislative and regulatory. The administration and the FDA can provide some relief through selective enforcement and Congress can change the predicate date, among other things.
And finally, a U.S. Senator who has never held a real job has called for recalls of vapor products.
In the next News and Views, I'll preview 2017 state and local legislative threats to keep you occupied over the Holidays.
--
Paul Blair
State Affairs Manager
Americans for Tax Reform
U.S. Surgeon General Derelict in Duty to Promote Public Health
The nation's top public health official just "sounded the alarm" on e-cigarettes with a report outlining the dangers of the products, with a specific focus on teens and young adults.
If you're interested in reading the Surgeon General's report, "E-Cigarette Use Among Youth and Young Adults,"
it can be found here.
"These products are now the most commonly used form of tobacco among youth in the United States, surpassing conventional tobacco products, including cigarettes, cigars, chewing tobacco and hookahs," wrote Dr. Vivek H. Murthy. "In fact, use of e-cigarettes among high school students increased by 900% from 2011 to 2015."
From the Washington Post to the New York Times, CNN, the L.A. Times, and countless more, the press ran with a fear-mongering story that presented no new information and ignored plenty of evidence about the reduced risk the products pose to the millions of who have made the switch from cigarettes.
In the context of all-time lows for smoking rates among America's youth and in light of the fact that vapor products are at least 95% less harmful than combustible cigarettes, the report is beyond reprehensible.
As Reason's Guy Bentley pointed out, "The Surgeon General’s report and the media’s deferential reaction to it are part of a larger narrative that is hostile to e-cigarettes, prizing nicotine abstinence above all else."
And even worse...
Monitoring the Future Study Shows Vaping Decline Among Youth
One week after the Surgeon General released the report,
the University of Michigan's Monitoring the Future Study showed that the percentage of teens who vaped declined in 2016. You read that right.
"From 2015 to 2016, the percentage of adolescents who vaped in the last 30 days declined from 16 percent to 13 percent among 12th-grade students, from 14 percent to 11 percent among 10th-grade students, and from 8 percent to 6 percent among 8th-grade students. Each of these declines was statistically significant."
So one week after every major press outlet runs with the Surgeon General's report on teen vaping, data shows that teen use of the products declined this year. And cigarette use? Also at a 42-year low. So much for that gateway effect.
From Dr. Siegel, "It is interesting that the Surgeon General released his report just prior to the release of these new data. Perhaps he realized that once these data came out, his 'story' about the scourge of e-cigarettes would be destroyed, so he wanted to get it in so it could have the maximum media impact. Even if it is purely a coincidence, it is going to be difficult to undo the damage caused by the Surgeon General's report."
From Sally Satel and David Sweanor, "What’s going on? Incredibly, the agencies’ leaders appear to see any nicotine use as a moral failure rather than a public health issue. To them, all nicotine and tobacco products are equally evil, echoing earlier approaches to alcohol. They think they are battling the hated Big Tobacco, when in fact they are protecting its deadliest product -- cigarettes -- while misinforming the public."
Senator Ron Johnson Won't Stop Until We Win
In each of the last two News and Views emails, I've highlighted Senator Ron Johnson's (R-Wis.) leadership and commitment to regulatory relief for the vapor industry. This email will be no different.
In a letter jointly authored by Sen. Johnson and Congressman Duncan Hunter (R-Calif.), the two ask Vice President-elect Mike Pence (who is chairing the transition effort and by most accounts leading many of the domestic policy discussions) for assistance in the fight to rein in the Obama administration's overreach with the FDA deeming rule.
Excerpt: "As we continue to pursue legislative options that will protect the thousands of small businesses that rely on producing and selling e-cigarettes, we respectfully urge the new Administration to consider repealing or suspending the FDA’s burdensome deeming regulation over e-cigarettes. With the President-Elect’s leadership, we are hopeful that we can protect thousands of small-business owners, employees, and consumers from the FDA’s overreach."
Many of you have asked me in recent weeks what can be done to ensure that our fight and this issue is on the radar of the President-elect. This is a good step in that direction with much more in the pipeline. Stay tuned!
Incoming Senate Minority Leader Declares War on Vapor Products
Senator Chuck Schumer (D-N.Y.)
urged the U.S. Consumer Product Safety Commission to work with the FDA to use data it has collected on the vapor industry to consider recalls of exploding vapor products nationwide. Calling e-cigarettes "ticking time bombs," Schumer cited the 92 explosions the FDA identified from 2009 to September 2015 and 66 from 2015 and early 2016.
This out-of-touch Senator likes to bloviate and is no new foe to the industry, having called for limits on flavors in the past. What's somewhat concerning is his position as incoming leader of the Democrats in the Senate.
Dangerous products should be removed from store shelves if they're being marketed and sold to consumers. Period. I've been to plenty of vape shops and shows and yet to find one though, despite looking. Let's not confuse consumer misuse of products with those products' inherent danger, however, as Schumer has done. In the spirit of context, here are a few facts.
- Toothpicks cause 9,000 injuries per year;
- More than 48 fast food workers are killed on the job every year;
- 1,700 men per year are sent to the emergency room as a result of... zipper-related injuries;
- 600 people die a year falling out of bed.
- Hundreds of thousands of people die per year from cigarette use.
Get the picture? Great. Get a life, Chuck.
Have suggestions on topics we should discuss in the future? Think these emails are too long? Shoot me an email at
pblair@atr.org!
Have a Merry Christmas and a Happy Holidays!
If you think this email was informative please do forward to friends or colleagues who might be interested in Vapor News and Views!
Paul Blair | Americans for Tax Reform | 202-785-0266 |
pblair@atr.org |
www.atr.org
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