All posts by Pepe Lepew

Big Vape thwarted in attempt to water down FDA rules

Preteen girl tries e-cigarette with her friend

As I’ve written about in the past, the Food and Drug Administration passed regulations almost exactly a year ago on e-cigarettes. These regs will likely drive most small companies out of business and further help Big Tobacco consolidate their e-cig holdings (A lot of people have no idea Big Tobacco already controls about 75 percent of the e-cig market … interesting, huh?).

Anyway, Big Tobacco was attempting to weaken these admittedly fairly tame FDA regulations on e-cigs via the budget process. Big Tobacco was lobbying to have these regs apply only to existing e-cig products and to exempt large cigars (including large, candy-flavoured cigars).

These provisions were rejected in the budget, so the FDA’s regs on e-cigs from last year will remain in place … which surprises me a bit, to be honest. I fully expect Trump to try and gut FDA before all is said and done.

What’s interesting about this is a lot of e-cig advocates screamed bloody murder that Big Tobacco was behind these regs so they could drive out the smaller e-cig companies (the regulations require that each and every e-cig product, which includes each individual flavouring, undergo rigorous testing before receiving FDA approval, which is cost-prohibitive to a lot of small companies). Now, it seems Big Tobacco — yeah, keep driving this through your head, dammit — BIG TOBACCO is fighting e-cig regulations.

Do you get it, now? Big Tobacco IS e-cigs. They are not in competition. E-cigs have become a wholly owned subsidiary division of RJ Reynolds, Altria and British-American Tobacco. I’m gonna start calling it Big Vape.

From a Campaign for Tobacco-Free Children (which is more strongly opposed to e-cig than I am) press release:

Tobacco companies waged an all-out effort to insert these provisions in the funding bill. The New York Times has reported that Altria drafted the first of these provisions and that it was endorsed by R.J. Reynolds. Altria and Reynolds gave $500,000 and $1 million respectively to President Trump’s inauguration, and tobacco interests spent more than $4.7 million in federal lobbying in the first quarter of 2017 alone.

The budget agreement also provides $205 million for the CDC’s tobacco prevention and cessation programs, rejecting a House proposal that slashed funding to only $100 million (compared to $210 million in FY2016). The CDC will be able to continue initiatives such as the Tips from Former Smokers media campaign that has been so cost effective at helping smokers quit, as well as its assistance to state tobacco prevention programs and quitlines that help smokers trying to quit.

While this agreement is an important step forward, the tobacco industry is certain to continue its attacks on FDA and CDC efforts to reduce tobacco use – and even expand them. Legislation introduced last week by Rep. Duncan Hunter (R-CA) would repeal the FDA’s current authority to regulate electronic cigarettes and essentially allow the e-cigarette industry to regulate itself. Tobacco interests have also filed multiple lawsuits against the FDA’s 2016 rule establishing oversight of e-cigarettes and cigars. Congress and the Trump Administration must continue to reject these harmful tobacco industry efforts.

I get it that e-cigs legitimately seem to help a lot of people quit cigarettes. My biggest gripe with e-cigs is the marketing toward kids, and the FDA regs do little or nothing to reel that in.

 

Philip Morris keeps trying to undermine California’s tobacco tax

Hello again from the Lounge, especially to all of our new readers from India.

Big Tobacco twice succeeded, spending tens of millions of dollars in the process, in having  cigarette tax increase measures beaten back in California. The industry also for many years had successfully lobbied the California State Legislature from increasing cigarette taxes. Well, in November 2016, Big Tobacco finally lost, as Californians passed a whopping $2 a pack increase by a large margin.

That jacked up California’s cigarette tax from 87 cents a pack — one of the lowest in the nation — to $2.87 a pack, one of the highest in the nation.

Big Tobacco REALLY cared about California, which at first I thought was a little weird because California had a pretty low smoking rate even before the tax increase. Then, I thought about it … while California has one of the lowest smoking rates in the nation, it also still has 38 million people, so 10 percent of say 30 million smoking-age residents of California, is still 3 million smokers, spending an average of say $1,000 a year on their habit, which adds up to $3 billion a year.

Then, I saw why Big Tobacco was willing to spend tens of millions to defeat tax increases in California, because everyone knows higher tobacco taxes are one of the most effective ways to encourage people to quit — and to encourage teens not to start to begin with. Big Tobacco  spent a staggering $71 million to try and defeat the 2016 measure. Their effort finally failed.

Well, Philip Morris is trying a new (actually, not so new) tact to undermine California’s cigarette tax increase … discount coupons to smokers in California.

Again, with $3 billion in revenue at stake, it’s worth Big Tobacco’s while to take a bit of a bath on discounts.

From a New York Times article:

“The hope is that by buffering the price shock, fewer people will quit,” said Stanton Glantz, a professor of medicine at U.C. San Francisco whose research focuses on tobacco.

 In 2014, the tobacco industry spent more than $5 billion — nearly two-thirds of its entire marketing budget — on discounts passed along to consumers, according to a government report.

At $2.87 a pack, the cigarette tax threatens to further erode (California’s) customer base. Reports have suggested that some smokers have already quit.

Cigarette taxes play a “huge” role in smoking rates, said Ilana Knopf, director of the Public Health and Tobacco Policy Center at Northeastern University Law School in Boston.

“And of course the industry knows that,” she said, “so they do whatever they can to counter those policies.”

In the short term, it might work a bit, but in the long run, Big Tobacco will have to give up on California, where the smoking rate will surely drop because people won’t want to pay $2.87 a pack.

Sacramento Bee editorial on tobacco taxes

This editorial printed this week suggests that the $1 billion a year expected to be generated from California’s cigarette tax could balance some of the cuts the state might see from Republicans in D.C. trying to cut federal funding for health care.

Indonesia, still the “Disneyland of smoking”

Yeah, a cigarette ad in Indonesia literally saying: “Don’t Quit”

Speaking of tobacco and emerging markets: The tobacco industry has poured a ton of its resources into Indonesia. This nation of 250 million people has one of the highest smoking rates in the world at about 40 percent (70 million-plus smokers, compared to about 40-45 million smokers in the U.S.).

And there are few if any restrictions on smoking, smoking advertising or packaging. In fact, you will find cigarette advertising literally right outside of schools in Indonesia.

Emerging markets — really big emerging markets like Indonesia, the Philippines, India and pretty much all of South America and Africa — are the international tobacco industry’s solution to remaining a financial juggernaut despite the plummeting smoking rate and stricter laws regulating tobacco in the West. In fact, Indonesia is on track with its lack of any semblance of regulation and its huge population to become the biggest tobacco market in the world.

Not even subtly using sex to sell cigarettes in Indonesia.

From the Southeast Asia Globe:

The end result is a looming public health disaster. According to the World Health Organisation (WHO), Indonesia has one of the highest male smoking rates in the world at 67% – and the number of women lighting up is rising fast as well, partly due to role models such as the popular, chain-smoking fisheries minister Susi Pudjiastuti breaking down gender norms. The impacts are already huge, with the WHO estimating that smoking claims about 425,000 Indonesian lives each year – nearly a quarter of the country’s annual deaths. Some media outlets have even begun referring to the country as ‘Tobaccoland’.

And Indonesia is a country with a depressing and well-publicized issue with childhood smoking.

From a Quartz Media article:

And it is no accident either, according to Mark Hurley, the Indonesian director at the Campaign for Tobacco-Free Kids.

 “These tactics are used by international giants like Philip Morris and Indonesian brands alike because tobacco companies rely on luring in youth to replace those who die or quit smoking,” he says. “It’s part of their deadly playbook.”

A survey conducted in 2016 found 85% of schools surveyed in five Indonesian cities were surrounded by tobacco advertisements. And according to Purnomo from the smokers’ rights group, their campaigns appear to be working.

Experts say the tobacco companies’ corporate social responsibility programs are merely a strategy to further entrench their products into society and do little social good. “Through their CSR activities, the Indonesian tobacco companies have precisely ignored the negative impacts of tobacco,” said a recent report from the Online Journal of Health Ethics.

It is tobacco’s entrenched status in Indonesian society that makes fighting tobacco so difficult for campaigners, who are often labelled agents of US pharma giants trying to bring down Indonesia’s sovereignty.

… Philip Morris International remains confident about Indonesia. The company’s 2016 investor day presentation (pdf) said Indonesia shows “favourable market demographics over the long term.” Another slide was titled, “Indonesia: Positives results from recent new launches.”

It seems the tobacco industry is counting on Jakartans like 19-year-old Ayu (who like many Indonesians goes by one name), who says she is too addicted to quit and will continue to smoke despite the harms.

“My friends all smoke, my colleagues all smoke. The whole damn city smokes,” she says. “How am I ever going to quit?”

Australian study shows plain packaging laws work

This is about the only Australian plain package I could find that WASN’T completely disgusting.

More great news … the smoking rate in Australia is also dropping, probably because of that country very tough plain packaging laws.

The smoking rate in Australia declined from 19.4 percent about three years before the plain packaging law to 17.2 percent three years after the plain packaging law. The new law, which was battled in the courts for years by Big Tobacco, was given credit for causing at least 25 percent of that decline.

Australia was the first country to impose a plain packaging law. That law got appealed in the courts by Big Tobacco and it went all the way to the Australian Supreme Court, which ruled in favour of the government. Then Big Tobacco went to the World Court, trying to have the law overturned by arguing it was somehow violating free trade agreements with other countries. That effort likewise fizzled.

A study done in Australia suggested that one of the things that kept smokers smoking was brand loyalty. With no more brand loyalty possible with the mandatory plain packages, one encouragement for smoking was reduced.

 

From Quartz Media (a pretty interesting mobile device news site):

In 2012, Australia became the first country in the world to make tobacco companies strip their branding off products, leaving nothing but drab packaging covered with graphic health warnings. A recent study shows that this too has encouraged smokers to quit by reducing their affinity with specific brands.

The researchers, psychologists at Australian National University and the University of Queensland, suggest that as smoking has become stigmatized, tobacco companies have increasingly relied on brand identity to reach customers. “Smokers are now viewed by many as unhealthy, unattractive, and even dirty,” the researchers write, but identifying with a particular brand “deflects the negative connotations” of being seen as a smoker and “may help to define the self with more positive content (e.g. ‘Winboro Woman’ can be sassy, independent and minty fresh).”

Since Australia has imposed plain packaging rules, other countries such as the UK, France and New Zealand have followed suit. A proposal to do the same in the U.S. was stopped by the courts on First Amendment grounds.

Tobacco use dropping in India

Great news, cigarette smoking in India has dropped dramatically in just one year because of that country’s new tough stance against tobacco.

According to this story from the Daily News and Analysis of India, the smoking rate among men has dropped from 57 percent in 2006 to 44.8 percent in 2016. That’s still a really high smoking rate, but that represents a 21 percent drop in 10 years.

Among women, the smoking rate has dropped from 10.8 percent to 6.8 percent during that same time period.

From the Daily News and Analysis:

“The NFHS 4 results offer some hope. I attribute this reduction to mainly to gutka ban and partly to increased awareness,” said Dr Pankaj Chaturvedi, Oncologist, Tata Memorial Hospital. The National Family Health Survey 2015-16 (NFHS-4), the fourth in the NFHS series, provides information on population, health and nutrition for India and each State and Union territory.

“The reduction in consumption is due to the tobacco control laws that the Government is implementing over the years and steps taken like 85 percent graphic health warnings, Smoke Free Rules and Gutka Ban,” Bhavna Mukhopadhyay, Chief Executive Voluntary Health Association of India, said.

“The government needs to implement evidence based tobacco control policies to reduce further tobacco consumption as (1 million) people die due to tobacco use every year (in India). There is also an urgent need for higher tobacco taxes, as taxes in India are very low particularly the beedis and hope in the new GST regime, this will be addressed,” Mukhopadhyay said.

An Indian anti-smoking ad

While the Indian smoking rate for men is still astonishingly high, the drop in smoking in India is important because as smoking rates have utterly collapsed in the West, Big Tobacco is looking increasingly at overseas markets to make up for the shrinking markets in North America and Europe. India with its 1 billion-plus people is absolutely in the crosshairs as the biggest potential market in the world (since China’s market is 99 percent state controlled).

FDA reaches agreement with Natural American Spirit

The FDA and Natural American Spirit cigarettes have been locked in a legal battle for a couple of years now over the brand’s advertising that its tobacco is “natural” and “additive-free.”

The FDA  reached an agreement (secretly, apparently) with American Spirit that allows the brand (owned by Santa Fe Natural Tobacco Company which is not an independent company, it’s actually a wholly-owned subsidiary of RJ Reynolds) to keep “Natural” in its name, but that it must stop all advertising that its tobacco is “additive-free”. The FDA way back in August 2015 gave American Spirit a cease and desist order on its advertising. RJ Reynolds filed an appeal and for more than a year, I’ve continued seeing American Spirit ads in my Sports Illustrated, still touting “natural!” and “additive-free.”

The agreement was reached in January, but was disclosed this month as part of a discovery process in other litigation involving Natural American Spirit.

Not everyone is happy with the settlement. The Campaign for Tobacco-Free kids put out a statement that it doesn’t go nearly far enough. From the CTFK website:

“This FDA/Santa Fe Natural Tobacco Company agreement is a gift to the tobacco industry, permitting R.J. Reynolds to continue the highly misleading, and very possibly legally fraudulent, marketing and labeling of American Spirit cigarettes,” said Robin Koval, CEO & President, Truth Initiative. “Our research shows that a majority of Natural American Spirit smokers incorrectly believe that their cigarettes are safer than other cigarettes. The truth is that they are just as dangerous as any other cigarette. This agreement does little to address those widespread and highly dangerous misperceptions. The only way to protect consumers is for the FDA to immediately go back to the drawing board to ensure that R.J. Reynolds and Santa Fe Natural Tobacco Company can no longer mislead consumers about the safety of their product.”

Earlier this month, RJ Reynolds reached a settlement agreement that it will stop doing that. I’ll be keeping my eye on Natural American Spirit ads to see if they do! Their false advertising that somehow a “natural” tobacco is somehow safer (and there are people out there who believe this malarkey hook, line and sinker) his has been bugging me for a couple of years.

Tobacco and schizophrenia

An interesting study about the ties between smoking and schizophrenia.

Studies have shown for years that a really large percentage of people with diagnosed mental illnesses are smokers. According to one study, as many as 90 percent of schizophrenics are cigarette smokers. There may be a real tangible reason for that — that the nicotine really might be providing some relief from their symptoms.

A recent study in Nature Medicine suggests that nicotine is a form of self-medication and perhaps can calm some of the symptoms of schizophrenia.

From this Raw Story article:

“An international team of scientists says it may be able to explain why so many schizophrenics are heavy smokers — the addictive nicotine in cigarettes is boosting an area of their brains that becomes sluggish due to their illness. The researchers also suggest a particular genetic mutation has been found to cause that sluggish activity, which can occur in other mental conditions as well. A study in Nature Medicine says the findings may guide future drug developments.

Read: Antibodies Linked to Schizophrenia Onset

The root of their experiment was something called hypofrontality, which is decreased activity in the brain’s prefrontal cortex that leads to cognitive issues like troubles with memory and decision-making. By studying mice, the scientists from Institut Pasteur in Paris and from the University of Colorado at Boulder showed that the CHRNA5 genetic mutation, previously linked to a greater risk of schizophrenia, is also linked to that decreased function in the frontal lobe, the University of Colorado said in a statement. They also say nicotine reverses this problem, at least in the mice, because the addictive chemical acts on “receptors in regions of the brain key to healthy cognitive function.

The benefits of the findings extend beyond just schizophrenia — hypofrontality is an issue in other mental health issues like addiction and bipolar disorder.

“Basically the nicotine is compensating for a genetically determined impairment,” Jerry Stitzel, a researcher from Boulder said in his university’s statement.”

So, it’s possible that nicotine, as bad as it is for regular smokers, might actually have some benefits for the severely mentally ill. More research is needed.

The Lounge is back after a hiatus

Back after a hiatus

I’m back after a few months-long hiatus, mostly caused by moving to a new state and starting a new job, and frankly, being pretty down about politics in the U.S. since Nov. 9. I avoid partisan politics here, but I felt like for a while tobacco issues didn’t seem all that important compared to the train wreck we’re all headed for with the orange shitgibbon in the White House.

Anyway, I realized these issues still matter and they haven’t gone anywhere and I found myself wanting to start up writing about it again. I did a cursory search and found at least eight or nine tobacco-related stories from the past three months that interested me.

So, thanks for hanging in there. Real life gets in the way of blogging sometimes. I hadn’t abandoned the lounge, but it did feel like a bit of a vacation from it.

Anyway, there will be a bit of a deluge of posts here, so try to keep up. I’ve got some lost time to make up for.

MLB, union agree to phase in ban on chewing tobacco

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Babe Ruth selling chewing tobacco. Ruth, a lifelong chewer, died of throat cancer in his 50s.

As expected, Major League Baseball and the Player’s Association agreed to a ban on chewing tobacco in baseball, though it’s a bit of a wishy-washy ban because it only applies to incoming players. Basically, they’re going to phase it in.

This means expect to see chew around on the baseball field for the next 10 years, though you will gradually see less and less of it.

It’s a step in the right direction, I suppose, and perhaps the best that could be accomplished going up against a very powerful players’ union. Some tobacco control advocates likely won’t be that thrilled with it, but I would tell them, this is arguably the most powerful union in the country. Getting anything out of them is a win.

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Someone pointed out to me it’s very similar to how batting helmets were introduced into baseball. Existing players who didn’t like them didn’t have to wear them, but new players did (actually, hockey was the same way. You still saw a few old-timers not wearing helmets into the early 90s. The NHL finally made visors mandatory in 2013, but again, existing players who don’t want to wear them are grandfathered in, so you will slowly see visorless players disappear from the game.).

For Libertarians screaming “Freedom of choice!” think of it as a workplace ban. Name a workplace, any workplace, in which chewing tobacco is allowed in the building. Maybe warehouse workers, truck drivers and longshoreman can chew on the job. That’s about it. No one is telling ballplayers they can’t chew if they really want to deal with the gum disease and losing their teeth. They just can’t chew on the job, in the ballpark.

Chewing tobacco has been banned for years in the minor leagues and by the NCAA. In fact, according to this article, it’s not unheard of for players to be thrown out of NCAA games for chewing.

For some reason that no one can really explain, chewing tobacco is deeply entrenched in the culture of baseball. According to this story, 47 percent of NCAA baseball players chew. 47 percent! Keep in mind less than 10 percent of adult males chew tobacco. It really is a baseball thing.

And dying of throat cancer is also a baseball thing — going all the way back to dipper Babe Ruth, who died of throat cancer.

The latest push to ban chew came after Hall of Famer Tony Gwynn, a lifelong chewer, died in 2014 of salivary gland cancer. Gwynn advocated against chewing tobacco the last few months of his life, as has Curt Schilling (Yeah, I know he’s a butthead), who survived a pretty serious bout of oral cancer around the same time.

In addition to the MLB ban that will begin next year, several cities have banned chew in ballparks — Boston, New York, Chicago, L.A. and San Francisco (Oakland and San Diego are included in a statewide ban, too, but this ban doesn’t really have an enforcement tool attached).

 

Smoking rate now down to 15 percent; biggest single-year drop ever recorded

A story from National Public Radio that the smoking rate in the U.S. is now down to 15 percent, the lowest ever recorded.

This also gives me the opportunity to fire up my Excel and make a new smoking rate graph! This is especially cool because it is actually the 50th anniversary of the CDC keeping track of smoking rates. In those 50 years, the smoking rate has dropped by nearly two-thirds from 42.4 percent to 15.1 percent.

u-s-smoking-rate

The last time I wrote about this, almost exactly a year ago, that figure was at 16.8 percent. These numbers released this month by the Centers for Disease Research actually refer to the 2015 smoking rate; it takes several months to put out a report, so that figure could be even lower now.

This is also the biggest single-year drop in the smoking rate ever recorded by the CDC. The next closest was 2009 to 2010, when the smoking rate dropped from 20.6 percent to 19.3 percent.

The news gets better. The smoking rate for people aged 19-24 is just 13 percent. There’s virtually no future smokers after someone turns 24, so that 13 percent figure will just drop as those smokers grow older and wiser.

Another bit of good news — California just passed a $2 a pack cigarette tax increase, which could drop the smoking rate in California down by as much as 20 percent (studies have shown a $1 a pack increase in cigarette taxes drops the smoking rate by roughly 10 percent).

If the California smoking rate drops by 20 percent, that’s 500,000 to 600,000 smokers giving up the habit, and that will have a major effect on the national smoking rate. That all by itself is more than 1 percent of the smokers nationwide.

There’s myriad reasons for the drop in the smoking rate — higher cigarette taxes, indoor smoking bans, more awareness of the health risks, social disapproval of smoking and, to be honest, the rise of e-cigarettes.

From the graph up above, you can see there is actually a pretty frustrating era from 1990 to 2009 in which the drop in the smoking rate was excruciatingly slow — in fact, incredibly, one year (2008) it actually went UP. That’s the effect of Joe Camel and a big increase in tobacco advertising in the 1990s and an increase in smoking in PG-13 and PG movies and cuts to tobacco education in the 2000s, in my opinion.

In those 19 years, the smoking rate only dropped from 25.5 percent to 20.6 percent, an average of 0.26 percent a year. Since 2009, the smoking rate has dropped from 20.6 percent to 15.1 percent, a drop of 0.92 percent a year over the past six years. The rate has actually dropped more during the past six years than it did in the 19 years prior to that. I do think e-cigs have something substantial to do with that, as well as Hollywood stubbing out smoking in PG movies.

If FDA regulations of e-cigarettes go through, and I’m sure it will be tied up in court for a while, it will be interesting to see if there is any effect on the smoking rate, because these regulations are expected to all by wipe out all the small e-cigarette companies, which make up roughly 40 percent to 50 percent of the market. Big Tobacco itself owns the three best-selling e-cig brands — Vuse, Blu and MarkTen.