Tag: harm reduction

  • Thrown Under the Bus

    Thrown Under the Bus

    London double bus
    Credit: Albrecht Fietz

    If society wants a smoke-free world, it cannot allow promising products to die of neglect.

    By George Gay

    Browsing the internet recently, I came across a report claiming that 22 countries with, according to my calculation, a total population of about 2.6 billion, or 34 percent, of the worldwide population, had banned the use of vaping products. I cannot vouch for the accuracy of those figures, but I guess they would be at least as accurate as the widely accepted estimates of worldwide, annual tobacco-related deaths.

    At the same time, many people are living in countries where certain forms of vaping products are banned (Japan, for example, with a population of about 126 million) or where the appeal of vaping products has been deliberately and sometimes severely narrowed by, for instance, restricting flavors (the U.S., 328 million) or limiting nicotine levels (countries of the EU, 448 million post-Brexit).

    Looking at this situation, I couldn’t help wondering whether a person with the foresight 15 years ago to have predicted the arrival on the market of products whose consumption was far less risky than was the consumption of combustible cigarettes and that could substitute for those cigarettes would have foreseen also the wide-ranging and often visceral hostility that has greeted their arrival.

    I can’t help feeling that our seer would have dismissed as ridiculous the idea that these new products, vaping devices as it turned out, would be so badly served by so many governments, companies, organizations and individuals. She would surely have found it incomprehensible that smokers would be let down so badly.

    Why? Well, as is still the case, 15 years ago, the combustible cigarette was the pariah consumer product and, we were told, no amount of effort was being spared in trying to do away with it. It was claimed that this was the only product that killed its consumers when used as it was designed to be used, and this claim was employed to underpin the justification for legislating for the degradation of both the product and its packaging, and the restriction of cigarette sales.

    man holding up hand stop
    Credit: Nadine Shaabana

    And it was not only the product that was seen as unacceptable. Cigarette manufacturers had cynically manipulated their products to make them “more addictive” and thereby keep consumers hooked and the profits rolling in. And consumers were little better. So, in the U.K. at least, they were attacked by officialdom as being smelly and then denormalized to the point where they and their secondhand smoke were cut off from normal society.

    Given this, and given that vaping is recognized by most sensible people to be hugely less risky than is smoking, why is it that vaping has had such a rough ride? There are, of course, any number of reasons based on the vested interests and breath-taking hypocrisy of some individuals, researchers, companies, organizations and governments, for all of whom and which the continued use of tobacco represents a nice little earner.

    But here I would like to speculate about another possible reason. Could the U.K. government at least have decided that the problem of tobacco smoking has been overblown? No, let me put that another way. Could it be that the government has decided that the net problem caused by smoking—that is, the smoking negatives minus the smoking positives—has been overblown, especially when compared with other problems it must confront? For instance, I guess it is becoming just too difficult to ignore the elephant in the morgue: the pollution-related deaths, many of which, I assume, overlap with tobacco-related deaths.

    According to Damian Carrington, environment editor, writing in the Guardian on Jan. 26, a global review in 2019 concluded that air pollution may be damaging every organ in the human body as inhaled particles travel around it and cause inflammation. And it is instructive, I think, that a statement made late last year by the U.N. secretary general, Antonio Guterres, pointing out that air pollution is killing nine million people a year, has, unusually, not been trumped by the World Health Organization coming up with an even higher figure for tobacco-related deaths.

    But I have a more specific reason for believing that the U.K. government might be letting smoking slip down its list of priorities. While it has been progressive in respect of encouraging the use of vaping as a means of getting people to quit smoking, during the Covid-19 pandemic, it has steadfastly refused to allow vape shops to open during lockdowns; that is, it has deemed them not to be essential, whereas a shop selling plugs for the basin in your bathroom apparently is essential. This indicates to me that the government doesn’t put much importance on encouraging people to quit smoking, though that is not to say it isn’t happy to dabble in such an enterprise.

    OK, I hear you ask, could it be that the government does believe that encouraging people to quit smoking is important, but, right now, in the face of a deadly pandemic, such encouragement has had to take a back seat?

    There are a number of reasons why I don’t think this is the case. One is that the government has found the time to deal with all manner of pet issues during the pandemic, such as its undermining of the BBC in an attempt to better control its image. Another was Brexit, which was hugely time-consuming, but its deadline our erstwhile fellow members of the EU had been willing to postpone.

    However, the most telling reason in my view was the government’s announcement at the end of March 2020 that it was to axe Public Health England, an executive agency of the department of health and social care, and transfer some of its responsibilities, but not its smoking prevention and some other obligations, to a new organization, the National Institute for Health Protection.

    Meanwhile, while the government seems to be taking its foot off the quit-smoking pedal, there are some for whom the very existence of the pandemic is seen as underlining the need for the government to encourage the switch from smoking to vaping. The usual suspects have been only too willing to tell smokers, without, I suspect, any solid evidence, that they are at increased risk of suffering severe symptoms if they are infected with Covid-19. And one respected public health professional has argued that the emphasis should be placed on fighting noncommunicable health problems because, in that way, we will all be leaner and fitter to fight the next pandemic. Hmm.

    I cannot agree with these people’s reasoning, but I do maintain that this is not the time to let the opportunities offered by new generation products slip through our fingers. And in this regard, I would like to put in a word for Kind Consumer and Voke, whose fortunes I have followed on and off for a number of years. Voke, as I wrote about last year, is a product that was developed by Kind and licensed by the U.K. Medicines and Healthcare products Regulatory Agency as a medicinal product that is a safer alternative to smoking. Voke is not a vaping product but an alternative nicotine-delivery system that uses pharmaceutical-standard inhaler technology in a device that closely resembles a traditional cigarette in both the way it looks and in the way a consumer, in using the device, mimics most of the rituals of smoking.

    Voke, which has no batteries and no electronics and therefore generates no heat and no chemical reactions, produces no smoke nor vapor, just an invisible, odorless aerosol, so it can be used anywhere. And its environmental credentials are good given that it is a relatively simple device made of metal, card and plastic: materials that can be recycled.

    Last year, I wrote that, in theory at least, Voke should be a game-changer and that it would be interesting to follow its fortunes on the market to discover how committed smokers and vapers were to the pursuit of reduced risk.

    I’m now concerned that I may never know. Voke was launched in November 2019 exclusively online, but when I visited the Voke website in January this year, this is what I was told: “Due to Covid-19 and the current financial climate, we are unable to accept any orders.”
    Meanwhile, a Sky news story toward the end of last year said it was understood that Kind, which had raised £140 million from investors since it was set up [in 2006], had, at the beginning of December, called in the administrators and that they had signed off on the sale of Kind’s assets to OBG Consumer Scientific, a subsidiary of Pharmaserve, a privately owned group, for £1.6 million.

    Pharmaserve, which is based in Runcorn, U.K., did not respond to requests for information, so I am unaware of what fate awaits Voke. However, one source told me that Pharmaserve had been part of the Voke supply chain, providing the device’s cannisters, and this aligns with information provided by Kind, which said last year that one of two manufacturing sites it was using was at Runcorn (the other was said to be at Waterford in Ireland). If this is the case, it is quite possible that the product will be relaunched.

    It would certainly be a crime if Voke were allowed to disappear without fully testing whether it can become a game-changer. There is no doubt that, because it delivers a cool aerosol rather than a warm vapor, it presents a challenge to smokers wishing to switch. But, at the same time, its nicotine delivery is efficient enough that it has to deliver only a low dose, 0.45 mg, from which, if the U.S. Food and Drug Administration is correct, it could be inferred that it creates a significantly lower risk of sustaining addiction than do cigarettes or e-cigarettes.

    And Voke seems to have some as-yet untested advantages over cigarettes and electronic cigarettes when it comes to sales channels. While the product had a medicines license that allowed it to be prescribed by a doctor in the U.K., it had also an over-the-counter drug or general sales list label, so it could have been sold anywhere from pharmacies to major retailers, corner shops and garage forecourts. And there was no reason why Voke, under another name and possibly modified, could not be sold in other jurisdictions simply as a consumer product.

    Many societies that claim they want to become smoke-free have thrown obstacle after obstacle into the path of vaping devices. Surely, we are not going to let Voke fail for the want of a little investment. According to the Sky story, Kind had been looking to raise only another £36 million to deliver a revised business plan, so here, perhaps, was an opportunity for a tobacco company—or even the U.K. government.

    man breaking cigarette
    Credit: Martin Budenbender

    Of course, the U.K. government is ideologically opposed to public involvement in the private sphere, but there were some good reasons why it could have justified keeping Kind and Voke going. I don’t know why Kind got to the point where it had to call in the administrators, but certainly, fate had not been kind to it. When, in 2009, Kind set out in earnest on the development of Voke, it immediately found itself in a commercial bind.

    At that time, when vaping devices were still something of a novelty, it was believed that, under the then forthcoming revised EU Tobacco Products Directive, all such products sold in the EU would need to have a medicines license. But such a requirement fell by the wayside; so Voke, a device being developed at great expense within the constraints necessary to make it conform with a medicines license, was destined to compete with devices developed at less expense without such constraints. And to cap it all, Voke was launched just as the world was hit by the start of the coronavirus pandemic.

    If societies believe that tobacco smoking is as harmful as it is generally made out to be, and if they are truly aiming to go smoke-free, they cannot afford to allow the army of naysayers to keep throwing vaping devices under the bus, and they certainly cannot allow a promising product to die of neglect.

  • P.E.I. Flavor Ban for Vapor Products Starts Today

    P.E.I. Flavor Ban for Vapor Products Starts Today

    Flavored vaping products are banned on Prince Edward Island in Canada. The regulation changes were passed by cabinet in August of last year. It comes as part of a private members bill from PC MLA Cory Deagle, which received unanimous support from the legislature in 2019, to crack down on nicotine use among young people.

    man holding flavored vape products
    Manager J-K Thorne holds some of the flavored products that are no longer available at Wild Impulse vape shop. (Shane Hennessey/CBC – image credit)

    “The only flavor you’ll be able to use would be tobacco flavored so all those other flavors will be gone,” Deagle said. “This is probably one of the biggest steps that we’re going to see trying to get rid of, or at least reduce, the amount of youth that are vaping.”

    Vendors were notified of the upcoming ban on flavored products in August 2020, in a letter distributed by the Department of Health and Wellness, according to the CBC. The letter said the department believed that with six month advance notice, “tobacconist shops have sufficient time to deplete their inventory of flavored electronic smoking device products.”

    At Wild Impulse, a vape shop in Charlottetown, the shelves were still full of flavored products last Friday afternoon, with the ban just days away. Manager J-K Thorne said the store carries more than 45 flavors for vaping, but as of March 1st, they will only be able to sell ones that are tobacco flavored, flavorless or labelled clear, adding that the flavor ban is also pushing former smokers back to combustible cigarettes.

    “Customers are a little disappointed. They feel that they have something to lean on if they wanted to get off cigarettes,” Thorne said. “They found that the tobacco flavor actually reminded them of cigarettes, but it wasn’t good enough, and it actually brought them back to buying cigarettes, which is a little unfortunate.”

  • Juul Labs: Dual Use Often Ends in Transition to Vapor

    Juul Labs: Dual Use Often Ends in Transition to Vapor

    Photo: Juul Labs

    Juul Labs announced findings from its science and research program at the 2021 Annual Meeting of the Society for Research on Nicotine & Tobacco (SRNT), which was held virtually. The studies presented covered a wide range of topics that contribute to the growing body of scientific evidence on ENDS products, including information about their harm reduction potential as well as rates of complete switching to ENDS among adult smokers.

    To better understand patterns of tobacco product use among adult smokers, Juul Labs has developed an extensive behavioral research program that includes measurements of complete switching from combustible cigarettes to the Juul System among adult smokers. Among the data presented at SRNT are the results of a longitudinal study which found that more than 50 percent of adult smokers who purchased the Juul System reported complete switching at a 12-month follow-up assessment. Complete switching was defined as no cigarette smoking in the past 30 days.

    Another new study presented this week examined trends in dual use of the Juul System and cigarettes among adult smokers who recently purchased Juul products, as well as any changes in cigarette consumption among these dual-users. While dual use of Juul products and cigarettes was initially high, it declined over time, and most adult smokers who began by dual-using ultimately switched completely away from cigarettes 12 months after initial purchase. Additionally, over 60 percent of dual-users at 12 months substantially reduced their average daily cigarette consumption. Researchers concluded that dual use is often a transitional stage characterized by reductions in cigarette consumption followed by complete switching away from cigarettes.

  • The Jones Labs Receives PMTA, MRTP Filing Letters

    The Jones Labs Receives PMTA, MRTP Filing Letters

    The Jones Labs announced it has received filing letters from the U.S. Food and Drug Administration (FDA) for both its premarket tobacco product application (PMTA) and its modified-risk tobacco product application (MRTP).

    The Jones Labs pods
    Credit: The Jones Labs

    “The Jones product family is being evaluated for safety and efficacy as alternatives to combustible cigarettes and their comparable safety to smoking the Harmful or Potential Harmful Constituents (HPHCs) of combustible cigarettes,” a press release states. “As a leader of pre-August 8 [the FDA’s deadline for a product to be on the market to be eligible to remain on the market while going through the PMTA process] compliance, The Jones Labs registered with the FDA in July 2016 in preparation for Electronic Nicotine Delivery System regulations.”

    The Jones Labs states that the potential of electronic drug-delivery systems remains at the core of its technology. “Due to our record of compliance with the Center for Tobacco Products (CTP), our products are eligible for enforcement discretion until our application process has been completed,” the release states.

    The core technology of The Jones Labs submissions are based in “Buffered Aerosol Drug Delivery,” a review article published in the inaugural edition of the United Journal of Drug
    Development and Industrial Pharmacy. “The technology submitted for review is being further
    developed in parallel to address other cessation and medicine-assisted therapeutic needs in the market,” the review states. “With this unique drug-delivery platform technology they stand to disrupt the established order of all smoking and smokeless products, cannabis or tobacco.”

    The Jones Labs offers universally compatible tobacco vapables as an alternative to
    smoking combustible cigarettes, the release states. “With multiple present and future product offerings similar to The Jones Pods (www.thejonespod.com), we are developing Rise, by The Jones (www.risebythejones.com), a state-of-the-art smoking cessation platform that utilizes the core technology for replacement and cessation therapies across the board.”

  • Stroud: Lawmakers Ignoring E-Cig Harm Reduction Potential

    Stroud: Lawmakers Ignoring E-Cig Harm Reduction Potential

    A new year and new resolutions. In 2021, many Americans will attempt to lose the weight gained after weeks – and months – of stay-at-home orders. Some may have been inclined to reduce their Zoom time, but for many smokers the beginning of a new year marks a resolution to quit smoking.

    no smoking sign
    Credit: Marko Tomic

    This particular resolution is difficult. A 2016 study from the UK’s Royal Society for Public Health (RSPH) reported that “quitting smoking is the most difficult resolution to keep,” and that among Brits who reported making a resolution to quit smoking, “41% kept this for a month, [and] 13% [stuck] with it after a year.” A study from the University of Scranton found “only 8 percent of people who make resolutions [to quit smoking] meet their goal.”

    Regardless if one is choosing to quit smoking as a New Year’s resolution, giving up cigarettes is difficult any time of the year. According to the Centers for Disease Control and Prevention, less “than one in 10 adult cigarette smokers succeed in quitting each year,” and in 2018, only 7.5 percent of smokers had successfully quit smoking.

    There are many options for smokers to use to help aid their smoke-free journey, including traditional nicotine replacement therapies (NRT) like gum and patches, medication, and switching to electronic cigarettes and vapor products. In the aforementioned RSPH report, the agency noted vapor products “are becoming increasingly popular, and RSPH [recognizes] the growing body of evidence that for many they can be an effective smoking cessation tool.”

    This school of thought – that e-cigarettes are less harmful and help smokers quit – is also found among other public health organizations including Public Health England, the Royal College of Physicians, and the National Academies of Sciences, Engineering, and Medicine.

    A landmark October 2020 review published in the Cochrane Library Database of Systematic Reviews examined 50 completed studies on e-cigarette use, which represented more than 12,400 e-cigarette users. The authors found that there was “moderate-certainty evidence, limited by imprecision, that quit rates were higher in people randomized to nicotine [e-cigarettes] than in those randomized to nicotine replacement therapy.” Indeed, the authors found that of “every 100 people using nicotine e-cigarettes to stop smoking, 10 might successfully stop, compared with only six of 100 people” using NRT or “nicotine-free e-cigarettes.”

    Despite the science presented, many lawmakers are disregarding the evidence and seeking to limit and/or prohibit adult access to vapor products. Currently, New Jersey, New York and Rhode Island have banned the sale of flavored vapor products. Massachusetts has a current ban on both flavored combustible cigarettes and e-cigarettes, and California’s own flavored tobacco and vapor ban is currently delayed as officials verify signatures for a referendum that would create a ballot measure to repeal the flavor ban in 2022.

    Worse, politicians have used the novel coronavirus to push through legislation that bans the United States Postal Service (USPS) from delivering vapor products. Literally “buried” in the thousands of pages in the December COVID-19 relief package is the “Preventing Online Sales of E-Cigarettes to Children Act” which orders the USPS to “promulgate regulations” to apply the Jenkins Act – which currently forbids the shipment of cigarettes by the USPS – to vapor products. The legislation also imposes greater tax reporting requirements on business sales of vapor products that are shipped by the USPS.

    Although addressing youth use of e-cigarettes is laudable, essentially preventing online sales of vapor products will harm consumers of those products as retailers are forced to rely on an even limited number of delivery services to ship their products. FedEx recently announced that beginning on March 1, 2021 the delivery service “will begin prohibiting electronic cigarettes, vaping liquids, and other vaping products in the FedEx global network.”

    New Year’s resolutions shouldn’t be broken because of government regulations. Former smokers should not be fearful of a possible return to cigarettes because policymakers are preventing access to tobacco harm reduction products. Perhaps the only good thing is that this year, unlike other New Year’s resolutions, smokers can blame the government on their broken resolution to quit smoking.

    The views expressed in the above opinion are those of the authors’ and do not necessarily represent or reflect the views of Vapor Voice or its parent organization.

    Lindsey Stroud is the creator and manager of Tobacco Harm Reduction 101 (www.thr101.org), a website that provides analysis and insight on tobacco and vapor products. She wrote this for InsideSources.com.

  • Health Experts: WHO Must Embrace Vapor to Save Lives

    Health Experts: WHO Must Embrace Vapor to Save Lives

    New Year resolutions always include commitments to quit smoking. Most people fail not for want of trying but for want of options that can help them. Our interventions to date are not good enough.  Will the World Health Organization’s (WHO) campaign to help 100 million people quit tobacco (WHO News Release Dec 8, 2020) make a difference? Is the WHO willing to embrace new methods and emerging scientific data to course correct and in the process save millions of lives?

    stop smoking guy
    Credit: Martin Budenbender

    The WHO depends upon “new contributions from partners” to help smokers quit (WHO News Release Dec 8, 2020), Derek Yach and Chitra Subramaniam write in an opinion for Business Insider. They are as diverse as Amazon Web Services, Facebook, and Google. These digital giants are not known for their solutions to help people quit. Worse, WHO has turned to Allen Carr’s Easyway that has published studies of dubious quality and has a strong opposition to the use of nicotine even in nicotine replacement therapy (NRT Allen Carr, BMJ 2006). 

    Unfortunately, most of the countries listed as priorities for this campaign have yet to include NRTs in their national drug formularies despite WHO having included it in the Essential Drug list way back (Application for Inclusion of Nicotine Replacement Therapy (NRT) in the WHO Model List of Essential Medicines, WHO, 2009). 

    WHO should conduct an independent review of the evidence of each partners’ interventions in the very diverse set of countries where they will be tested. Such a review is a basic requirement for making global recommendations. It must be as rigorous and science-based as the processes that were put into action to approve COVID 19 vaccines. (WHO News Release Dec 31, 2020)

    Florence, WHO’s robotic digital health worker was launched with this campaign to help smokers quit. Dr. Yach tried it (see Speak to Florence) but found Florence true to its name – robotic and unable to answer simple questions and clearly out of depth when asked real world questions outside of the algorithm. A gimmick of this nature is disrespectful as it mocks those seeking to quit.

    It seems that WHO is far more interested in ending the use of tobacco harm reduction products than in saving lives.

    The latest Global State of Tobacco Harm reduction (GSTHR) report (GSTHR, Burning Issues 2020) indicates that almost 100 million people are now using a range of such products with most completely off combustible cigarettes and toxic smokeless tobacco products. This report provides convincing evidence that harm reduction products, including snus, e-cigarettes and heated tobacco products, are more effective means of quitting than the use of NRTs, and substantially lower exposure to harmful products of combustion seen in cigarettes and bidis. 

    In contrast, WHO’s latest report from their expert committee on Tobacco Product Regulation, released December 23rd, recommends banning and prohibiting e-cigarettes and heated tobacco products. This echoes a call by the Union, a Bloomberg Philanthropy financed NGO, to all low and middle income countries (LMICs) to ban such products to “avoid being distracted” by them  (WHO Expert Committee Meeting Report, Dec 23, 2020). 

    Distraction from what one may ask? 

    This “expert” report did not address snus. That may be because WHO accepts the EC ban as being the basis for its policies despite the recent USFDA decision that led to it being the first class of tobacco harm reductions products to pass its rigorous evaluation process (FDA News Release, Jul 2020). 

    Before the FCTC negotiations began 20 years ago under Dr. Yach’s leadership of the Tobacco Free Initiative (TFI) WHO invited tobacco industry scientists to present to the fledgling Tobacco Products Regulation Expert Committee on their progress in developing safer tobacco products. The presentations were not useable then for any specific harm reduction recommendations to be made. The hope remained that in time scientific progress would follow. For that reason – and in good faith – harm reduction found its way into the very definition of tobacco control used in the FCTC (WHO FCTC 2004).

    Decades have passed and tobacco consumption continues to kill people mainly in LMICs. Science and innovation have permeated every sector of society. Dirty legacy industries are now leaders in driving sustainable development. This is underway in the oil and gas, transport, mining and food sectors. And as the GSTHR and our Tobacco Transformation Index (https://tobaccotransformationindex.org/) bears out, such transformation is underway in the tobacco sector as well. This transformation should be embraced by the WHO not shunned. 

    Instead of looking into the future and enabling global leadership, the United Nation’s (UN) top health agency is digging into its past with a ferocity that is difficult to comprehend.  Ignoring decisions by the United States Food and Drug Administration (FDA), Cochrane Collaborating Centers and other regulatory and science oversight groups indicating the power of THR to increase quit rates more effectively than NRTs for example, or the potential to sharply reduce risks associated with combustible cigarettes or toxic smokeless products. 

    One hopes that as 2021 unfolds, WHO will take a fresh look at the power of THR to accelerate an end to smoking. A good way to start would be to summon the leading scientists from tobacco and e-cigarette companies to present to the WHO Tobacco Product Regulations Expert Committee in a series of open sessions. The aim could be simple: to assess whether industry has made material progress in developing products able to end smoking in order to truly judge whether the unilateral bans and prohibitions are warranted.

    From what we know, the answer is yes. WHO’s unambitious aim of helping 100 million of the 1.1 billion tobacco users quit could be revised upwards dramatically if they were to open up to rapid progress underway in the very companies we rightfully condemned 20 years ago.

    Knowledge that ignores science cannot help public health. We are seeing it with the COVID 19 crisis. We are seeing it differently in tobacco control. Time is not on our side. 

    The views expressed in the above opinion are those of the authors’ and do not necessarily represent or reflect the views of Vapor Voice or its parent organization.

    Derek Yach is president of the Smoke Free Foundation, USA. He has spent four decades advancing global public health especially chronic diseases. He was a key architect of the WHO’s FCTC.

    Chitra Subramaniam is the founder of CSD consulting Switzerland. A journalist by training and a media entrepreneur she writes on public health, development and trade

  • Sullum: U.S. Congress Misguided on E-Cigarette Rules

    Sullum: U.S. Congress Misguided on E-Cigarette Rules

    Buried in the enormous spending/COVID-19 relief package that Congress approved this week is a bill that imposes new restrictions on the distribution of all vaping equipment, parts, and supplies, including a ban on mailing them. The provision illustrates not only how utterly irrelevant legislation can be slipped into unread, must-pass bills but also how Congress warps reality through legal fictions and uses save-the-children rhetoric to justify restricting adults’ choices, writes Jason Sullum in an opinion piece for Reason, a libertarian think tank.

    Jacob Sullum reason
    Jacob Sullum / Credit: Reason

    Title VI of the 2021 Consolidated Appropriations Act, which appears on page 5,136 of the 5,593-page bill, is called the Preventing Online Sales of E-Cigarettes to Children Act. The bill was introduced last April by Sen. Dianne Feinstein (D–Calif.), joined by seven original cosponsors: six Democrats plus Sen. John Cornyn (R–Texas). It includes two changes aimed at complicating and obstructing online sales of vapes and e-liquid.

    Feinstein’s bill amends the Jenkins Act of 1949, which requires that vendors who sell cigarettes to customers in other states register with the tax administrators in those states and notify them of all such sales so they can collect the taxes that the buyers are officially obligated to pay. In 2002, the General Accounting Office (now the Government Accountability Office) found that online cigarette sellers routinely flouted the Jenkins Act and that the federal government had done virtually nothing to enforce it. Nine years later, Congress amended the law, beefing up its reporting requirements and extending it to cover roll-your-own tobacco.

    The Feinstein bill further expands the Jenkins Act, redefining cigarette to include “electronic nicotine delivery systems,” which are not cigarettes. It also counterintuitively defines electronic nicotine delivery system to include products that do not deliver nicotine: “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device” (emphasis added). That category includes e-cigarettes, e-hookahs, e-cigars, electronic pipes, vape pens, and refillable vaporizers, plus “any component, liquid, part, or accessory” used with those devices, whether shipped together with them or sold separately.

    In other words, every product related to vaping, whether of nicotine, THC, CBD, lavender, or anything else, will now be subject to the Jenkins Act’s burdensome requirements. According to Feinstein, a bottle of e-liquid is a cigarette; so is a bottle of herbal essential oil if you plan to vape it. A coil or pod cartridge for a nicotine vaporizer is now also a cigarette; so is a vaporizer designed for THC or CBD oil.

    Feinstein’s bill also requires the U.S. Postal Service to “clarify” that the ban on mailing cigarettes covers all of those products, which are not actually cigarettes and may not even have anything to do with nicotine. The new ban, disingenuously presented as a clarification of the existing ban, will take effect within 120 days of the law’s passage.

    These reality-defying redefinitions ostensibly are aimed at preventing the sale of e-cigarettes to anyone younger than 21, the minimum age set by federal law. “Buying e-cigarettes online is one of the easiest ways for children and teens to get their hands on these harmful products,” Feinstein said when she introduced the bill. But the new burdens and restrictions go far beyond what is necessary to enforce the minimum purchase age. Requiring robust age verification for orders or an adult signature for deliveries, for example, would prevent sales to consumers younger than 21 without the expensive disruptions this law will cause.

    “While there is no shortage of talk in Congress about the importance of small businesses and social distancing, the decision to shove this ban in the middle of a pandemic relief package reveals how hollow that rhetoric is,” says Gregory Conley, president of the American Vaping Association, an advocacy group that supports vaping as a harm-reducing alternative to smoking. “Many Americans at risk of COVID-19 complications have been staying home and ordering their supplies online, but Congress just decided they should either pay much more for shipping or go to a retail store that may not stock the product they use to stay off deadly cigarettes.”

    Conley notes that shipping vaping products to minors is already illegal, and “the Food and Drug Administration has repeatedly enforced this law against bad actors in the industry.” While law-abiding vendors for years have been using the postal service’s ID-at-delivery option to comply with the age limit, “this will no longer be permitted.”

    In short, a bill presented as a commonsensical effort to enforce the minimum purchase age is actually an assault on the vaping industry and its adult customers. “If the increase in shipping costs wasn’t enough, the bill also imposes huge paperwork burdens on small retailers, and backs it up with threats of imprisonment for even innocent mistakes,” Conley notes. “This is not a law designed to regulate the mail-order sale of vaping products to adults; it’s an attempt to eliminate it.”

    Thanks to Feinstein’s sweeping and arbitrary definition of electronic nicotine delivery systems, the impact extends far beyond nicotine vaping. On its face, the law requires companies that sell cannabis vaping devices to comply with the Jenkins Act. It also prohibits them from mailing their products to customers. Although that is already arguably prohibited by federal law, the issue hinges on whether vaping equipment sold without any reference to cannabis nevertheless qualifies as “drug paraphernalia.” As written, the Feinstein bill also imposes these burdens on federally legal products such as CBD oil and herbal extracts used for aromatherapy.

    “This could have a significant effect on cannabis vaping products, even if the intent is clearly to curb nicotine products,” Aaron Smith, CEO of the National Cannabis Industry Association, told Marijuana Moment. “We’re making sure that Congress and the incoming administration understand that it would be a misguided waste of resources to apply this to the already heavily regulated cannabis industry. In the long run, it’s important that cannabis is descheduled so it can be appropriately regulated at the federal level, clearing up ambiguities like this.”

    Jacob Sullum is a senior editor at Reason.

  • Rogers: Anti-Science War Being Waged on Vapor

    Rogers: Anti-Science War Being Waged on Vapor

    scientist holding vial
    Credit: Science in HD

    The coronavirus pandemic has taught us for certain that public health experts should stick to public health. After suffering through months of the COVID-19 lockdowns and surges, Americans are fully aware how politics and misinformation can negatively impact public health.

    The fact is that when the medical and health communities lose their focus on data and science – distracted by partisan advocates and social justice campaigns – Americans pay the ultimate price in terms of their health and well-being.

    Just in the last several months, the American public has been bombarded with conflicting reports over the effectiveness of wearing masks to combat COVID-19; whether Hydroxychloroquine is a safe therapy for coronavirus; and the safety of a COVID-19 vaccine. Health and science have been politicized and weaponized for political purposes.

    Outside of coronavirus, we have witnessed other “campaigns” that put ideology over science: the anti-vaxxer movement, the anti-GMO movement, and the ongoing disinformation over e-cigarettes.

    The Center for Medicine in the Public Interest’s Robert Goldberg recently wrote: “… for all the harm anti-vaccination fabrications have had on public health, a more recent campaign of medical disinformation about the dangers of e-cigarettes is likely to be more damaging by far.”

    The U.S. Centers for Disease Control and Prevention (CDC) notes “nearly half a million Americans die prematurely of smoking or exposure to secondhand smoke. (That is about one of every 5 deaths.) Another 16 million live with a serious illness caused by smoking. Smoking-related illness in the United States costs more than $300 billion each year in health care spending and lost productivity.”

    E-cigarettes, while not a cure for nicotine dependence, can help reduce the death and disease caused by combustible tobacco. Public Health England (PHE), the United States equivalent of the CDC, concluded best estimates show e-cigarettes are 95% less harmful to your health than normal cigarettes, and when supported by a smoking cessation service, help most smokers to quit tobacco altogether.”

    When politics takes precedence over science, we are left with both bad policy and bad science. How does Senator Dick Durbin, D-IL, erroneously declaring on the floor of the United States Senate that “vaping doesn’t guarantee any end to tobacco addiction” help the millions of Americans desperately trying to quit tobacco? What’s more, how does the Democratic leader in the Senate, Chuck Schumer, D-NY, calling vaping devices “ticking time bombs” offer clarity and confidence to smokers looking for alternatives that will help them quit the habit? Senator Schumer actually went so far as to demand that the U.S. Consumer Product Safety Commission take an active role in a “war on vaping.” These assertions betray an anti-corporate ideology (companies that manufacture e-cigs are greedy, evil), not a pro-science stance.

    Almost 40 million Americans are addicted to smoking cigarettes. According to the CDC, smoking tobacco is the “leading cause of preventable disease, disability, and death in the United States’ resulting in 480,000 deaths annually in the United States” – which breaks down to 1,300 smoking-related deaths per day, 54 deaths per hour, or almost one death per minute. One dead American every minute and we are playing politics with adult vaping. It is irrational and anti-science.

    Are e-cigarettes healthy? Should young people who do not smoke pick up a vaping habit? No, of course not. But these are the wrong questions and not the issue up for public discussion. Rather, the more relevant questions are: “Is vaping a safer alternative to smoking?” “Does vaping help smokers quit tobacco?” And here the answer to both questions is the same: an unequivocal, loud “yes.”

    Politicians and ideologically-driven advocates should not be explicitly working to scare tobacco users from using a product that, relative to smoking, does less harm to their health, and is proven to be an effective means in helping them quit smoking altogether.

    In 1983, U.S Senator Daniel Patrick Moynihan, declared to his opponents in a policy debate that “you are entitled to your own views, but you are not entitled to your own facts.” What was true in 1983 is still true in 2020. The facts are clear. Vaping bans and politicized attacks on vaping devices hurt those who want to kick the smoking habit.

    Here are the facts. Millions of Americans are dying from cigarette smoking because quitting tobacco is extraordinarily difficult. Research, published last year in the New England Journal of Medicine, offers powerful evidence that vaping can help smokers quit cigarettes. Anti-smoking activists and government regulators promoting vaping bans and, in Senator Schumer’s words, fighting a ‘war on vaping’ are not advancing science or good public-health policy. On the contrary, these advocates and politicians are fighting technologies and products that could save millions of American lives.

    Let’s stop the war on vaping; let’s take the politics out of health.

    This column initially appeared at realclearhealth.com.Jerry Rogers is the editor of RealClearHealth and the host of the ‘Jerry Rogers Show’ on WBAL NewsRadio.

  • Study Claims Vaping Ads May Increase Teen Vaping

    Study Claims Vaping Ads May Increase Teen Vaping

    Credit: Denys Nevozhai

    A new study from Canadian researchers shows banning e-cigarette advertising reduces teen vaping. The study compared teen vaping rates in Quebec and Manitoba where there are strict laws against e-cigarette ads, to other provinces that do not restrict these ads.

    Researchers at University of Waterloo in Ontario found that exposure to vaping ads was more prevalent in areas without restrictions, and teens who noticed the ads were more likely to vape. The study was published in ‘Pediatrics.’

    Study author David Hammond, a professor of public health at the University of Waterloo, said this situation set up a “unique natural experiment” for researchers as Canada went from ban to a more open market, in an article from US News and World Report.

    “It allowed us to answer the hypothetical question: Would lifting the restrictions make a difference in teen e-cigarette use?” he said.

    The answer? “E-cigarette marketing does make a difference,” Hammond said. “It does reach minors. What our study says is that regulating marketing limited the amount of vaping.”

  • No Tobacco Day: WHO Criticized For ‘Backward-Looking’ Approach

    No Tobacco Day: WHO Criticized For ‘Backward-Looking’ Approach

    Tom Miller | Photo: David Parker

    Marking World No Tobacco Day, an international group of independent experts has criticized the World Health Organization (WHO) for its “backward-looking” approach to innovation and new technology, such as vaping products.

    The experts say they are exasperated by the WHO’s “dogmatic hostility” towards new technology and fear the U.N. health agency will squander the opportunity to avoid millions of premature deaths that will be caused by smoking.

    Iowa State attorney general Tom Miller said the WHO has lost its sense of mission and purpose. “It’s as if the WHO has forgotten what it is there to do—to save lives and reduce disease,” Miller said.

    “We can do that by helping and encouraging consumers to switch from cigarettes to lower-risk products. This means being honest about the much lower risks and by using smarter regulation to make switching more attractive.”

    The group of experts criticizing the WHO include David Abrams of the School of Global Public Health, New York University; Tikki Pangestu, visiting professor, Lee Kuan Yew School of Public Policy, National University of Singapore; John Britton, professor of epidemiology at the University of Nottingham; Rajesh Sharan, of North-Eastern Hill University, Shillong, India; David Sweanor, Centre for Health Law, Policy and Ethics, University of Ottawa; and Clive Bates, director of Counterfactual Consulting.