Category Archives: e-cig bans

Donald Trump, e-cig bans, e-cig flavourings, e-cigarettes, e-cigarettes and kids

No ban on vaping flavours — quelle shock!

I totally did not see this coming: Trump backs off proposed ban on e-cig flavouring

I kid — I totally DID see it coming.

All along Trump has been acting like he’s somehow going to crack down on tobacco and the vaping industry and all along, he has been backing off. His original surgeon general, Scott Gottlieb, was actually surprisingly harsh toward both the tobacco and the vaping industry — and of course, he mysteriously resigned from his position to … “spend more time with my family.” (Seriously, that the was the reason he gave.).

So, I’ve been somewhat skeptical all along about all the noise the Trump Administration has been making about cracking down on vaping flavourings in light of the epidemic of teen vaping use and the 2,000 or so people sickened by vaping fluids.

SURE ENOUGH .. my instincts proved to be right. Trump never intended to go through with it.

As soon as the administration got pressure from lobbyists (ie, the tobacco industry, which controls about 90 percent of the vaping industry), they totally caved. There will be NO ban on vaping flavourings.

Honestly, I think the proposal was a bit of an overreaction to the 35 or so deaths from vaping. Not because those deaths aren’t a big deal. They are. But, because they were pretty much exclusively caused by vaping bootleg THC off the street.

What ISN’T an overreaction is the explosive growth in teen vaping — and absolutely I believe having bubble gum, Rice Krispie Treat and Mountain Dew flavourings for nicotine vaping is a factor.

According to CNN, the administration backed down because of fears it “would upset the base.”

From CNN:

A Trump campaign adviser told CNN’s Jim Acosta that Trump’s political aides, including campaign manager Brad Parscale, have warned him that such a ban may not be helpful with his base and that he should reconsider.

Trump was persuaded by advisers to back off the proposal during a November 4 flight to a political rally in Kentucky, the Times said. Following the conversation with advisers, the newspaper reported that Trump canceled the administration’s planned announcement that was scheduled for the next day.

The planned news conference, which would have included Health and Human Services Secretary Alex Azar, was canceled and another meeting was proposed, according to the report.

Personally, I don’t buy that it was “all about the base.” There might be something to that, but honestly, I just don’t see this as a frontline issue with most people, not with impeachment hearings going on and children being thrown in cages at the border. I have a feeling this is really about lobbying.

This American Prospect investigative piece shows how much the tobacco industry has been fighting a ban on vaping flavours all the way back to the Obama Administration.

From the American Prospect:

Juul, already under federal civil and criminal investigation over marketing to children, saw its CEO step down. But the replacement, K.C. Crosthwaite, was formerly a top Altria executive. A second, former Altria regulatory affairs chief Joe Murillo, is also headed to Juul. The alleged antidote to Big Tobacco has transformed into an adjunct of Big Tobacco overnight. And Juul had already been running the Big Tobacco playbook, hiring a bipartisan all-star team of lobbyists, from former Massachusetts Attorney General Martha Coakley to former Trump administration adviser Johnny DeStefano.

This week, the Trump Administration is holding a meeting with industry representatives and public health officials. Guess which side gets listened to?

e-cig bans, e-cig flavourings

Federal ban on e-cig flavourings happening any day now?

Hey, it’s an update. Just haven’t had time lately.

This report from USA Today suggests that a federal ban on flavoured e-cig products is going to happen “very soon.”

This has been building up for months, partly because of the genuine alarm over the rapid increase in teen use of vaping products and partly over the hysteria over vaping illnesses and deaths the past few weeks (though most of those illnesses appear to have been from marijuana vaping products, not nicotine vaping products.).

In anticipation for the upcoming ban, Juul, one of the biggest  has already stopped selling menthol-flavoured vaping pods.

When it happens, I will have ZERO sympathy for the industry. For years, they got away with marketing their products to teenagers, for years they got away with enticing kids to vape addictive nicotine  through candy flavourings like bubble gum,

It’s a shame for people who have legitimately quit smoking via e-cigs, lord knows I’ve talked to enough of them over the years to accept that their dedication to the power of e-cigs is sincere, but this is what happens when you have an utterly unregulated industry operating with zero oversight … golly, the bottom line becomes vastly more important  to them than the social good. Call me an SJW. Whatever.

I’m guessing what this means is that e-cigs will have to be unflavoured from now on? Not sure on that.

It’s also possible that these flavourings will simply be banned from minimarkets and convenience stores and that only vape shops will be allowed to sell them … which was an idea (and a GOOD idea) originally proposed a year or two ago that the FDA dropped. Vape shops are more strictly regulated than convenience stores and are more stringent about keeping minors from coming in the door.

From the USA Today article:

A sign of the imminent ban announcement came Monday, when the Office of Management and Budget said it concluded its review of the rule and cancelled upcoming meetings with industry and consumer interests. (White House spokeswoman Kellyanne) Conway also said an announcement was coming soon. (Yes, that Kellyanne Conway).

On Tuesday, the FDA and Centers for Disease Control and Prevention published findings highlighted in September when Trump and Health and Human Services Secretary Alex Azar announced the planned ban. E-cigarette use among high school students more than doubled from 2017 to 2019 to 27.5%. About 5.3 million middle and high school students used e-cigarettes this year, up from 3.6 million in 2018.

Another study, also published in the Journal of the American Medical Association, found after Juul stopped selling mango and other flavors in November, high school students simply switched to mint.

e-cig bans, e-cigarettes, e-cigs, Juul, San Francisco

Juul prepares to fight San Francisco

Remember the douchy Juul CEO who is so awfully, terribly sorry that teenagers use his product?

Well, while researching douche-bro, I found out he’s preparing to go to war with San Francisco.

San Francisco a few weeks ago was the first major city in the U.S. to ban sales of e-cig products.

Ironically, Juul, the No. 1 e-cig company in the world (it is actually partly owned by Altria, which makes Marlboro cigarettes), is based in San Francisco.

Douche-bro CEO Kevin Burns, who is so awfully sorry teens use his product after his company aggressively marketed Juuls on social media for years, said Juul is not leaving San Francisco.

From the San Francisco Chronicle:

  • As San Francisco officials prepare to consider a bill that would suspend the sale of e-cigarettes in the city, the CEO of Juul Labs — the controversial, homegrown company that sells the majority of e-cigarettes in the U.S. — said he’s committed to keeping the business and its fast-growing workforce in San Francisco.

“Yes, we’re staying,” Juul CEO Kevin Burns said Thursday in a wide-ranging interview with The Chronicle’s editorial board. “San Francisco is our home. We want to be in San Francisco. We have 1,200 employees in San Francisco, a huge talent base in San Francisco. We want to be a resident, and I’m hopeful we’ll find a way to be a resident.”

And beyond that, Juul is going to fight the city’s ban on selling vaping products. The company is sponsoring a sneaky voter initiative that is being presented as an anti-tobacco initiative. What it really is is a backdoor attempt to override San Francisco’s ban on e-cigarette sales.

From the Chronicle:

Juul wants to place an initiative on the November ballot that would essentially override [San Francisco’s e-cig sales ban], if it is passed, by ensuring that e-cigarettes could continue to be sold in San Francisco. The ballot measure is being framed as an attempt to further restrict tobacco sales to minors, but most of those restrictions are already in place under state law.

Tobacco industry critics say Juul has used deceptive language, trying to frame the initiative as the last word in tobacco regulation in San Francisco by including the words “Comprehensive regulation of vapor products … the provisions of this initiative may only be amended by a vote of the people.”

Juul said the ballot measure, if passed, would prevent the Board of Supervisors from enacting an e-cigarette ban in the future — but it would not negate tobacco laws the city has already enacted, such as a ban on flavored tobacco that voters passed last year.

Oh, sneaky, sneaky, sneaky bastards, using the same sneaky doublespeak techniques that their overlord Altria and Philip Morris have used for years.

e-cig bans, FDA, Uncategorized

FDA chief threatens to completely remove e-cigs from the market

The war between FDA chief Scott Gottlieb and the e-cig industry continues to escalate with Gottlieb last week threatening to just say “Fuck it” and completely take e-cigs off the market.

To wit, the Food and Drug Administration has come out harshly against the e-cig industry beginning about six months ago because of the skyrocketing increase in teen vaping rates.

So, the FDA came out with a series of rules regarding e-cigs, including some restrictions on fruity flavours and the requirement that e-cig products only be sold in areas open to adults. The FDA didn’t get into marketing of e-cig products.

These rules weren’t as strong as what *I* had hoped for, at the very least, I liked an idea that was floated to restrict e-cig sales strictly to tobacco shops, but that got dropped, likely because of pressure from the industry.

Anyway, Gottlieb said he has met with industry representatives and he remains unimpressed with their response so far.

This is a quote from a Gottlieb tweet:

I still believe e-cigarettes present an opportunity for adult smokers to transition off cigarettes and onto nicotine delivery products that may not have the same level of risks. However, if the youth use continues to rise, the entire category will face an existential threat

Also, from an NBC News article:


“I’ll tell you this. If the youth use continues to rise, and we see significant increases in use in 2019, on top of the dramatic rise in 2018, the entire category will face an existential threat,” Gottlieb told a meeting.
“It will be game over for these products until they can successfully traverse the regulatory process.”

Gottlieb said he has met repeatedly with the vape industry. “I find myself debating with tobacco makers and retailers the merits of selling fruity flavors in ways that remain easily accessible to kids,” he said.

Last November, Gottlieb said he was starting the process to limit sales of flavored e-cigarettes, as well as to ban menthol in combustible cigarettes.

“I have questions about whether they are living up to the very modest promises that they made,” he said. “It matters if the e-cig makers can’t honor even modest, voluntary commitments that they made to the FDA.”

I’m curious if the industry is taking these threats seriously? Juul very quickly shut down its social media presence, but it might be too little, too late to slow down teen vaping use … or to satisfy the FDA.

Gottlieb said the dramatic rise in e-cigs is sabotaging the success public health advocates have had in cutting the teen smoking rate.

From a Yahoo article:

“This progress is being undercut — even eclipsed — by the recent, dramatic rise in youth vaping. A few years ago, it would have been incredible to me that we’d be here, discussing the potential for drug therapy to help addicted youth vapers quit nicotine,” he said Friday.

Gottlieb cited statistics about the large use of e-cigarettes by young people, saying that between 2017 and 2018 there was a 78 percent increase in e-cigarette use in high school students, and a 48 percent increase among middle schoolers. That means the total number of middle- and high-school students using e-cigarettes rose to 3.6 million — 1.5 million more than used the product the previous year. He added that more than a quarter (27.7 percent) of high-school-age e-cigarette users use the product regularly, and more than two-thirds (67.8 percent) are using flavored e-cigarettes. 

“Youth use of e-cigarettes has become an epidemic,” Gottlieb said, adding, “It could be ‘game over’ for some [of] these products until they can successfully traverse the regulatory process. I think the stakes are that high.” Gottlieb also noted that e-cigarettes can be a helpful tool for adults trying to quit smoking traditional cigarettes, and said he hopes to avoid removing e-cigarettes from the market because of the good they can serve in that regard. 

Stay tuned. Gonna be a rocky year on this issue likely.

e-cig bans, e-cigarettes, e-cigs, FDA

E-cig legislative roundup: Possible ban on e-cig sales to minors in Montana; Michigan governor vetoes e-cig bills; Island of Hawaii bans e-cigs in public places

PAY-Young-girl-smoking-an-electronic-cigarette

A bill was introduced during this session of the Montana State Legislature to ban e-cigarette sales to minors. I find this is a tad odd because the Food and Drug Administration is considering rules to ban e-cigarette sales to minors nationwide. However, I have no idea what the timeline is for those final FDA rules — it could be another year or more. The FDA draft rules released several months ago generated 135,000 comments which the FDA is still sorting through.

According to this Independent story on the bill, Montana is just one of 10 states in the country that still allows e-cigarette sales to minors. This story is pretty sympathetic to a local vaping store. The owner claims that he will sell e-cigarettes to kids under 18 only if they have a permission slip from their parent and that he never sells nicotine products to kids. (Colour me cynical …. but my bullshit alarm was going off somewhat on that one. In any case, I’ve seen plenty of kids buying e-cig products pretty easily at Montana minimarts, all this guy has to do is sell the inhaler.)

“I do know of quite a few kids that have curtailed their [tobacco] habit or quit it all together by replacing it with something that’s not nearly as harmful as the tobacco products,” said store co-owner Mark Townsend.

Well, maybe, but again, my bullshit alarm is going off. The data is pretty sketchy about whether or not e-cigs help people quit smoking. I can believe for a 20- or 30-year smoker who has tried everything else, why not use e-cigarettes to quit? But, where the store owner is wrong is studies have shown that more kids are using e-cigs now rather than cigarettes not to quit smoking, but because they are easy to get and kids have been given the idea they’re harmless. They’re going straight to e-cigs to begin with. And that’s nicotine. And that’s still turning them into nicotine junkies.

Anyway, according to Alex Clark, legislative director for the Consumer Advocates for Smoke-free Alternatives Association, his group has a concern with language in the bill lumping e-cigarettes in with tobacco products. Clarks calls this “an intentional, almost politically motivated mischaracterization.” The whole issue of lumping e-cigs in with tobacco products is pretty controversial, as we will see in Michigan.

Michigan bills vetoed

Gov. Rick Snyder this week vetoed bills regulating e-cigarettes and it sounds like a good thing, because it sounded like some sneaky kind of pro-e-cigarette industry end-around. I don’t have all the details, but one of the problems with these bills is they specifically designated e-cigs as a non-tobacco product, but would exclude other non-tobacco nicotine products from this definition (like nicotine gum or other types of inhalers, I assume). The legislation would have banned e-cig sales to minors. Like I said earlier, this is happening soon on a national level anyway.

Snyder vetoed the bills, saying the bills did not go far enough and would have just created confusion about e-cig regulation when the FDA is addressing this on a federal level. It’s telling to me that health organizations praised the vetoes, while the loudest critic was a Republican legislator, which makes me suspicious about what his real motives are.

“We need to make sure that e-cigarettes and other nicotine-containing devices are regulated in the best interest of public health,” Snyder said in a statement. “It’s important that these devices be treated like tobacco products and help people become aware of the dangers e-cigarettes pose.”

According to this story, the Michigan State Medical Society, which represents 15,000 doctors, praised Snyder.

“These bills would have been a giant step backwards, and Gov. Snyder was wise to veto them,” said James Grant, M.D., the group’s president.

Hawaii bans e-cigs in public places

The Island of Hawaii (not the whole state, just the Big Island), recently passed an ordinance banning e-cigs in public places islandwide. Essentially, e-cigs will be treated the same as cigarettes. Not only can you not use an e-cig in a bar or a restaurant, but they are banned at beaches and parks. (Maybe a bit much since e-cigs don’t have the littering issue that cigarettes have.)

More and more cities are banning e-cigs in public places as people simply don’t trust that the steam from e-cigs is completely benign. I don’t think there is a statewide public ban on e-cigs yet, but I like that they are getting people’s attention.

e-cig bans, e-cigarettes, e-cigs, Europe, France

France cracks down on e-cigarettes, tobacco packaging

France, which all but epitomizes European cool when it comes to cigarettes, is proposing to impose strict new rulesE-cigarettes regulation on the public use of e-cigarettes.

A bill has been introduced that would ban the use of e-cigs in public places.

I loved this response from a French spokesman for tobacco products:

The president of the French Tobacconists’ Confederation, Pascal Montredon, told the Guardian that Touraine was being unrealistic by modelling her reforms on “Anglo-saxon” countries such as Australia and Britain where the cigarette distribution network is completely different from France.

“Tobacconists are fed up with being stigmatised at a time when instead the government should be doing something about the unemployment rate,” he said. The confederation is pressing for e-cigarettes to be sold solely in tobacconist stores, but the proposed legislation fails to address this, he said.

Modeling reforms on “Anglo-Saxon” countries like Britain and Australia. Too funny. (Apparently, Australia has banned e-cig use in public according to this story).

Don’t have a strong opinion one way or another on this, other than I think it highlights that people really don’t trust e-cigs and don’t trust that the steam coming out of them is  completely benign. A few cities in the U.S. have banned e-cigs in public places, I don’t believe any states have, though I’m sure bills have been introduced.

This will be interesting to watch, because much of western Europe has imposed the same kind of strict anti-smoking measures seen in the U.S. (I have no idea how strictly they are enforced), which is a boon for the e-cig industry. Because people can’t smoke in bars anymore, now they can vape instead … except a lot of people aren’t comfortable with that nicotine-laced steam and don’t want to be around it.

295553-plain-cigarette-packs

In addition, France is also set to require plain packaging on cigarettes, much as Australia has done. Again, French tobacco spokespeople are not happy:

Celine Audibert, spokeswoman for French firm Seita, which is a subsidiary of Imperial Tobacco, slammed the move as “completely incomprehensible”.

“It’s based on the Australian experience which, more than a failure, was a complete fiasco,” added Audibert.

In 2012, Australia forced all cigarettes to be sold in identical, olive-brown packets bearing the same typeface and largely covered with graphic health warnings.

Oh, boo hoo Celine. How was it a “fiasco?” Because Imperial Tobacco’s profits declined? No matter the culture or location, tobacco weasels all speak the same language.

BTW, graphic warnings on cigarette packages was derailed on First Amendment grounds, but I found a really fascinating story about this that I will post later.

e-cig bans, e-cigarette advertising, e-cigarettes, e-cigs, FDA

FDA will ban e-cigarette sales to minors

These 13-year-olds legally bought their e-cigs (OK, they're from the UK, but you get the point)
These 13-year-olds legally bought their e-cigs (OK, they’re from the UK, but you get the point). No more e-cig sales to minors in the U.S.

Well, this came a lot faster than I expected. I expected the announcement next week.

As fully expected, the Food and Drug Administration today announced that it intends to ban the sales of e-cigarettes to minors. The sales ban is part of a series of e-cigarette regulations proposed by the FDA. The regulations will be finalized after a 75-day comment period, but I expect few changes.

Here is one story from NBC and here is another. Here is a CNN story.

Here’s the upshot of the new regulations.

The big one. No more e-cig sales to minors under the age of 18. This is really important. Because e-cigs have been completely unregulated, “vaping” has become more and more popular with kids, because frankly, it’s a lot less hassle for kids to get their hands on a e-cigs rather than cigarettes. According to the CDC, the percentage of kids under 18 using e-cigs double from around 5 percent in 2011 to around 10 percent in 2012. That’s alarming. I’m guessing that number is approaching 20 percent today.

While e-cigs may not be as toxic as cigarettes, they still contain nicotine, which is incredibly addictive, so c-cigs, when used by kids as a substitute for cigarettes, are addicting kids to nicotine. E-cigs might be fine for someone trying to quit smoking, but not for some 16-year-old to use instead of tobacco.

Other new regulations are no more free samples, a ban on vending machine sales in any business open to minors, a mandated disclosure of all ingredients in e-cigs and a mandated warning label that nicotine is physically addictive.

The one disappointment to me is there are no proposed restrictions on e-cigarette advertising. I think the advertising has been fairly out of control similar to what was going on with cigarettes 30 years ago. E-cigs are being made to look cool and sexy to kids, and there have even been e-cigs ads using women’s panties and Santa Claus.

Campaign for Tobacco Free Kids issued  a statement with understandably mixed sentiments, taking the FDA to task for taking so long to develop these regs (three years) and urging them to address marketing to kids in the future. However, CTFK is pleased that there is a ban for sales to kids.

However, I also acknowledge that restrictions on advertising may have run into some First Amendment issues. Perhaps the FDA didn’t want to deal with the headaches of First Amendment lawsuits. The FDA CAN enforce advertising restrictions for tobacco products because the tobacco companies agreed to those restrictions in the 1998 Master Settlement Agreement. In that agreement, Big Tobacco agreed to not use cartoon characters (like Joe Camel … or Santa Claus, etc.) to promote its products. I honestly do not know how much power they have to restrict marketing of e-cigs.

Anyway, like I said, the big one is ending the sales of e-cigs to minors. That crap had to be cracked down on. We don’t need a new generation of nicotine addicts being created, no matter what the delivery system. The other big fear I have with e-cigs being sold to kids, and I wonder how often this has happened, is kids getting the bright idea to directly use the liquid nicotine that comes in vials along with the e-cigs. Seriously, I could just see 13- and 14-year-olds trying that. That liquid nicotine in its concentrated form is highly poisonous and powerful.

 

 

E-cig advertising, e-cig bans, e-cigarette advertising, e-cigarettes, e-cigs, FDA

FDA to issue regulations on e-cigarettes sometime next week

140422-electronic-cigarettes-jsw-06_8eaa9b924d080f19217b9f514bbc4ae2.nbcnews-fp-1360-600
NBC News image

I feel lately like I am writing more articles on e-cigs than cigarettes lately, but most of the articles I’ve seen on tobacco-related issues have been about e-cigs during the past six months. I’d hate for the Lounge to become a site about e-cigs rather than tobacco (especially since WordPress assumed that I was advertising e-cigs on my blog.).

Anyway, hopefuly the frenzy of coverage over e-cigs will die down a bit later this year as the Food and Drug Administration will be issuing regulations over the sales and marketing of e-cigs. The FDA, which has been taking its time working on these rules, ultimately has control over e-cigs because the FDA was given control several years ago to nicotine — the main ingredient of e-cigs.

I think two issues are paramount here 1) Ban e-cig sales to minors and 2) Control e-cig advertising the same way tobacco advertising is controlled. These are the two biggest problems I see with e-cigs … that in most states, it is legal for kids to buy them and use them, and e-cig companies have been downright brazen in marketing e-cigs to kids. (And the FDA can control e-cig advertising because of the nicotine. I know it sounds like a First Amendment issue, but this issue has already been settled with tobacco products.)

Maybe e-cigs serve some purpose in helping some people quit cigarettes, but, unfortunately, “vaping” has also become hip and cool for teenagers; one of the reasons why is because kids can legally buy and use e-cigs, but it’s a bigger hassle for them to get their hands on cigarettes. That stuff needs to be cracked down on, because kids are still becoming addicted to nicotine, it’s just a different nicotine delivery system then cigarettes or chew.

Anyway, I will be waiting for the news next week when the FDA makes its announcement and hopefully comes up with some common-sense rules for these issues.

 

e-cig bans, e-cigarettes, e-cigs, Smoking bans

Los Angeles, San Francisco, Long Beach ban e-cigs indoors

1790944_me_e_cigarette008_LS

I think you’re going to see more and more of this, and I’m becoming more and more OK with it.

The cities of L.A., San Francisco and Long Beach last week all banned e-cigarette use indoors — that means mostly bars and restaurants and workplaces.

Now, e-cigs put out a vapour that has virtually no smell, and it does not irritate your eyes and nose like cigarette smoke. However, it is laced with nicotine, and people are not comfortable being in a room with nicotine-laced steam floating in the room.

It was apparently a very heated debate in L.A. as the city council heard impassioned pleas from e-cig users not to ban them.

According to the LA. Times:

“We have a right to … choose to breathe clean air,” Councilwoman Nury Martinez told her colleagues. “And if this device turns out to be safe, then we can always undo the ordinance. But if this device proves not to be safe, we cannot undo the harm this will create on the public health.”

and the other side of the argument:

Councilman Joe Buscaino led an unsuccessful attempt to exempt bars and nightclubs from the ban, a measure sought by lobbyists for the e-cigarette industry. He too invoked a family member while making his arguments.

E-cigarettes “are not tobacco,” he said. “I don’t think they should be regulated exactly the same way. And I’ve heard from so many people, including my cousin Anthony, that they’ve stopped smoking from the help of e-cigarettes.”

I guess I feel like if e-cigs have helped you quit smoking real cigarettes, then that somehow being banned from smoking them in bars or restaurants really isn’t going to change anything for you. More power to you if they’ve genuinely helped you quit smoking. You can continue not smoking cigarettes in spite of this ban.

Meanwhile, in nearby Long Beach, a similar ban was passed, and then San Francisco banned them indoors just yesterday. San Francisco is also requiring a special licence to sell e-cigs.

These major California cities join Washington, D.C., New York City and Chicago as cities banning e-cigs indoors. Again, a growing trend. People are just not comfortable breathing that steam despite the lack of odour.