The Road to Criminalizing Tobacco Product Users

From: The Daily Vaper

Carl V. Phillips | Contributor

While much of the world has realized the wisdom of harm reduction for illicit (and, increasingly, decriminalized) drugs, tobacco control is pushing in the opposite direction. Tobacco control opposes the promotion of low-risk substitutes for smoking, primarily because these are a bigger threat than smoking to their real agenda, which is not about consumer welfare or even health. The first principle of harm reduction is to not create additional harm. Among other things, this means not criminalizing people who use a product or forcing them to use potentially poor quality black-market products. This month, the U.S. FDA released two proposed rules — banning flavors in e-liquid and possibly other products and removing the nicotine from cigarettes (which might include a side-effect of banning refill e-liquid altogether) — that would set us on the course to exactly such criminalization and harms from black markets.

The Road to Criminalizing Tobacco Product Users

From: The Daily Vaper

Carl V. Phillips | Contributor

While much of the world has realized the wisdom of harm reduction for illicit (and, increasingly, decriminalized) drugs, tobacco control is pushing in the opposite direction. Tobacco control opposes the promotion of low-risk substitutes for smoking, primarily because these are a bigger threat than smoking to their real agenda, which is not about consumer welfare or even health. The first principle of harm reduction is to not create additional harm. Among other things, this means not criminalizing people who use a product or forcing them to use potentially poor quality black-market products. This month, the U.S. FDA released two proposed rules — banning flavors in e-liquid and possibly other products and removing the nicotine from cigarettes (which might include a side-effect of banning refill e-liquid altogether) — that would set us on the course to exactly such criminalization and harms from black markets.

FDA to re-examine premium cigars as it overhauls tobacco regulation

From: CNBC

  • The FDA is taking another look at premium cigars in a move that anti-tobacco groups fear could weaken regulations.
  • It’s the latest push under Commissioner Scott Gottlieb to undertake a sweeping overall of tobacco and nicotine regulation.
  • The FDA recently took the first step in lowering the amount of nicotine in cigarettes. It also said it’s seeking information on the role flavors, including menthol, play in attracting people to tobacco products and alternatives like e-cigarettes.


A woman smokes a cigar during the XVI Havana Cigar Festival in Havana.
The Food and Drug Administration is taking another look at premium cigars in a move that anti-tobacco groups fear could weaken regulations.

FDA Commissioner Scott Gottlieb, M.D. on efforts to reduce tobacco use among youth, by addressing the role of flavors ‒ including menthol ‒ in tobacco products

Editor’s Note: See OIRA Watch: FDA to Evaluate Minimally or Non-Addictive Cigarette Product Standard, Also Plans to Look at Flavors and Premium Cigars

From: US FDA 

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FDA chief worries about a new generation of kids getting hooked on nicotine through vaping

From: CNBC

  • The Food and Drug Administration will soon take steps aimed at curbing e-cigarette use among young people.
  • “If all we end up doing is addicting a whole new generation … then we will have done a bad service,” FDA chief Dr. Scott Gottlieb says.

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Gottlieb said the FDA wants to transition smokers to “modified risk tobacco products” — which are said to pose lower health risks — or have them quit altogether.

“It’s really the first step in the rule-making process to try to pursue regulations that will ultimately lead to a reduction in nicotine levels in cigarettes,” Gottlieb said Friday.

Tobacco-Related Addiction to Ideology is a Difficult Habit to Break

From: The Register

Vaping on the NHS? Don’t hold your breath
Cut red tape to revive stalling e-cig revolution, medics tell MPs

Should Medicaid Cover IQOS?

The CDC estimates that “smoking-related illness in the United States costs more than $300 billion each year.” There is no question that IQOS and other heat-not-burn technologies have the potential to vastly lower this toll. The World Health Organization explains that “tobacco and poverty are inextricably linked.” Thus, the people who have the greatest need for access to reduced risk tobacco technologies have the least ability to afford such devices. Would it not be a prudent investment in America’s future for Medicaid to provide coverage for IQOS and other HNB products that have the potential to reduce the prevalence of smoking-related diseases?

Israeli Health Ministry Will Not Tax IQOS Prior to FDA’s Regulatory Decision on the HNB Product

From: Vaping Post

PMI Raises Tobacco Prices in Israel
Philip Morris has raised the prices of cigarettes and loose tobacco in Israel “for commercial reasons”.

By Diane Caruana

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The state of Israel collects NIS 6 billion annually in excise tax on cigarettes. This tax accounts for over 80% of the price of cigarettes, split in 65.5% excise tax and 17% VAT. This time last year, Israel’s Health Ministry had also released a statement pertaining to the possibility of taxing PMI’s Heat not Burn device, iQOS. The Health Ministry had pointed out that iQOS would not be subject to any tax or restrictions until the US FDA decides on how to regulate the product. Therefore, once the FDA takes a decision, Israel’s Health Ministry will decide accordingly.

Will the FDA Allow the TPSAC’s IQOS Review to Lock Smokers into Existing Tobacco Products? Ploom TECH Expands in Japan

From: Japan Tobacco International

Japan Tobacco Inc. (JT)(TSE:2914), announces today that it will expand the sales area of the Ploom TECH starter kit1 and tobacco capsules in Sapporo city, Sendai city, Yokohama city, Nagoya city, Osaka city and Hiroshima city from February 5, 2018.

The expansion of the sales area to six cities

  • Both the starter kit and tobacco capsules will be sold in nearly 150 tobacco stores in six cities: Sapporo city, Sendai city, Yokohama city, Nagoya city, Osaka city and Hiroshima city from February 5, 2018.

Plaintiffs and Amici Curiae File Briefs in Deeming Regulations Challenge

From: Tobacco Law Blog | Troutman Sanders

Over the last few weeks, the vapor industry plaintiffs and a number of supporters have filed briefs in an appeal of a decision upholding the FDA’s Deeming Regulations. On July 21, 2017, a federal district court rejected the industry plaintiffs’ challenge, and the case is now on appeal to the U.S. Court of Appeals for the D.C. Circuit.

Will e-cigarettes see Hong Kong side with science or fearmongering on tobacco use?

From: South China Morning Post | Letters

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One should perhaps look across the Pacific to the main stage. Mixed messages have been received by the public over Philip Morris’ application to the US Food and Drug Administration (FDA) to make three potential “modified risk” claims when marketing its heat-not-burn product, IQOS. The product has already been launched in about 30 countries, with almost four million smokers switching. It is claimed that, since IQOS does not produce most of the toxic substances produced when tobacco combusts, it can be a less harmful alternative for those who want to keep smoking.