CASAA Newsletter – May 2018

May began with a “blitz” of enforcement action from the FDA and FTC against e-liquid manufacturers that use artwork which closely mimics or otherwise is directly appropriated from food, candy, or beverage products marketed to young people. Although intellectual property (“IP”) theft is not necessarily the domain of federal regulators, deceptive marketing (i.e., a nicotine product that looks like a beverage or food or candy) is. While we can certainly debate the appeal of certain images and branding to adult consumers, the reasons behind the actions taken by the FDA and FTC are no mystery.

As deceptive marketing and illegal sales of vapor products to minors are grabbing headlines, the June 19th deadline for comments on the FDA’s advance notice of proposed rulemaking (ANPRM) for flavored vapor and tobacco products is approaching. Although CASAA and other organizations are requesting a 90-day extension to the comment period, there is no indication that the FDA is interested in postponing the deadline. The next two and a half weeks may be the last opportunity for stakeholders to comment on the flavors docket before the agency moves ahead with the rulemaking process.

CASAA is encouraging consumers to submit multiple comments on the flavors ANPRM.

CASAA is asking our members to submit comments regarding your daily use of flavored vapor products and smokeless tobacco. Similar to a comment we asked members to submit in response to the FDA’s proposed deeming rule, this comment should involve a look at your collection of products. Points to discuss in your comment:

  • How many flavors do you have on your desk or shelves (or in a locked box away from children)?
  • How many different flavors do you use in a day?
  • What are your favorite flavors?
  • Where did you purchase your e-liquid or smokeless tobacco (online, in a specialty shop, at a C-store, at a convention…) and why?

Click Here to Comment Now

Another comment CASAA is asking our members to submit is more specific as it deals with state and local laws and public health campaigns. Fortunately, not everyone lives in an area where aggressive anti-vaping policies have been enacted or deceptive campaigns are misleading consumers about the risks of smoke-free products. But if you do live in one of these areas, the FDA would like to hear about the consequences.

You can find more information

about submitting this comment at

www.august8th.org.

The simplest comment we are asking members to submit is your testimonial about switching to a smoke-free product. These comments should specifically focus on what role flavors played in your decision to switch to and continue using vapor or smokeless tobacco products as an alternative to smoking.

Click Here to Comment Now

Although CASAA is not suggesting that comments from consumers should be limited to the options we’ve provided above, we do believe that these topics are especially important. We also encourage individuals to submit their own request for a 90-day extension to the comment period as well as review the FDA’s 25 questions (requests for studies or information) in the ANPRM. While consumers cannot be expected to produce studies that address most of these questions, we are a source of valuable information. Sharing our experience is vital to making sure that whatever regulations are adopted will preserve the diverse marketplace and consumer choice.

Thank you for participating,

Alex Clark

CEO, CASAA


NEWS

POLICY


Cole-Bishop Throws Vapers Under the Bus – CASAA

23 hours ago

    

On May 17th, 2018, Congressman Sanford Bishop (D-GA 02) released a statement on Facebook (here) stating that he was “pleased that the committee passed my Cole-Bishop amendment that maintains the availability of harm reducing nicotine vapor products, while also keeping them out of the reach of children through robust advertising and labeling rules, enhanced shipment age-verification, battery standards, and FDA …

Read More »


The ‘teen vaping epidemic’ is a myth – NY Post

May 2, 2018

By Abby W. Schachter

Public-health policy – especially regarding children – is being driven by the Voltaire Rule: The perfect is the enemy of the good.

Take the current mania about vaping and, most recently, a product called Juul. News reports are replete with high-school officials fretting about how hard it is to monitor the product because it looks like a flash drive and doesn’t produce the same smoke as traditional cigarettes.

Indeed, a Juul – which electronically heats nicotine into a vapor – can be recharged through a computer’s USB port. Juul pods are also flavored – fruit medley and cool mint are two examples – so the smell isn’t the same as combustible tobacco products….

Read More>>


CASAA


Supporting the Nicopure/R2B Lawsuit

6 days ago

    

 Last year, Nicopure Labs and The Right to Be Smoke-Free Coalition (“R2B”) sued the FDA, arguing against portions of the Tobacco Control Act (TCA) and the FDA’s Deeming Rule as they are being applied to vapor products. The court ruled in favor of the FDA, so the plaintiffs filed an appeal in the D.C. Court of Appeals. On appeal, …

Read More »

CALLS TO ACTION

FDA


Smokers denied access to harm reduction

2 weeks ago

    

On March 21, 2018, the FDA published its advanced notice of proposed rulemaking (ANPRM) regarding flavors in vapor and tobacco products. The FDA is seeking additional information and research on 25 specific topics listed in the ANPRM. Comments are due by June 19, 2018. Stakeholders and other interested parties are encouraged to submit multiple responses addressing these topics individually or the ANPRM as a whole….

Read More »


TOBACCO 21


Nassau Co., NY – Stop Tobacco AND Vapor 21!

1 week ago

    

(Update – 05.31.18) On Wednesday, May 23, the Nassau County Legislature voted in favor of raising the age to purchase all tobacco AND vapor products from 19 to 21. Nassau County follows New York City and Suffolk County in passing legislation that denies adult smokers access to low-risk alternatives.

Read More »


IL – Stop Tobacco AND Vapor 21!

4 days ago

    

(Update – 05.31.18) SB 2332 passed the Illinois House with a vote of 61 yeas and 49 nays. But that 12 vote margin was not easily accomplished. The bill now heads to Governor Rauner’s desk for his consideration. CASAA will update this post soon with details on urging the governor to veto SB 2332.

Read More »


Ulster Co., NY – Last Chance to Oppose Tobacco (and Vaping) 21!

6 days ago

    

The Ulster County Executive will hold a public hearing regarding recently passed legislation that would raise the purchase age for all tobacco AND vapor products to 21-years-old on Tuesday, May 29, 2018 10:00 AM Legislative Chambers, 6th Floor, COB (map) 244 Fair St Kingston, NY 12401 This will be the last chance for county residents to express opposition to Local …

Read More »


FLAVOR BANS


PrEP advocate Damon Jacobs: Vaping can be harm reduction – BETAblog

May 31, 2018

What comes to mind when you hear the term “harm reduction”? Many people in public health or in the community may think of needle exchanges or safer sex practices.   . . .

Read More »


NY – Stop a Flavor Ban before it Starts!

1 day ago

    

Senator Kemp Hannon (R-S06) is once again sponsoring legislation that would ban the sale of e-liquid in flavors other than tobacco and menthol. This is not a restriction on where these products can be sold, it is a BAN! Senator Hannon’s bill, S 8610, is on the Senate Health Committee agenda for Thursday, May 31, 2018 12:00 PM Room 124 …

Read More »


TAXES


VT – Help stop a tax on vaping!

5 days ago

    

(Update – 05.11.18) Vermont’s HB 922, which would enact a 46% wholesale tax on vapor products and is necessary to implement the state’s budget, is likely to pass the legislature soon-maybe even today. The bill then heads to Governor Scott’s desk for a final signature. But Governor Scott is signaling that he will veto any new taxes on Vermonters. Call …

Read More »


NJ – Gov. Murphy is proposing a MASSIVE tax on vaping starting in FY 2019

3 weeks ago

    


(Update – 04.23.18) Public hearings regarding New Jersey’s FY2019 budget have concluded, but the Assembly and Senate Budget Committees are still discussing the details. By all accounts, a 75% wholesale tax on vaping is still on the table. Now is the time to reach out to Budget Committee members and urge them to oppose this crippling tax on safer nicotine …

Read More »


MN – Stop an outrageous tax hike on vaping!

4 weeks ago

    

Last week (April 12) companion bills in the Minnesota House and Senate which support Governor Dayton’s budget proposal were introduced. Article 5 of both of these bills contains provisions that would change the way vapor products are taxed. Effectively, they would apply a 95% wholesale tax on bottles of e-liquid. Currently, the tax is only applied to the nicotine contained …

Read More »


TESTIMONIAL OF THE MONTH


Jeannette Hansel

“I am 61 and smoked since 16. I tried to quit smoking multiple times using gum, patches and prescription medications. About 14 months ago discovered vaping. Did a lot of research and believed it was much less harmful. Tried a lot of flavors before I found several that I really enjoyed. Now cigarette free 13 months and feel great. I have COPD and was on oxygen. I am also oxygen free now. More energy. Flavors helped to prevent weight gain associated with quitting smoking. Need my dessert flavors. No tobacco flavors! Started at 18mg nicotine and only at 3mg currently.”

Be sure to share your own testimonial here.


Did you find this newsletter informative? Please consider making a donation to CASAA. We rely on contributions to provide timely information and engagements to help protect everyone’s access to life-saving, low-risk nicotine and tobacco products.

CASAA is 501(c)(4) tax-exempt organization. While CASAA is a non-profit organization and pays no income taxes on the donations it receives, contributions or gifts to CASAA are not deductible by the donor as charitable contributions for federal income tax purposes.

This article was originally published at CASAA
Author: KNoll-Marsh

Posted in All posts, CASAA Newsletter, e cigarettes, News, news-all, newsletter, Smokeless Tobacco, Vaping, Vaping News | Comments Off on CASAA Newsletter – May 2018

Cole-Bishop Throws Vapers Under the Bus


On May 17th, 2018, Congressman Sanford Bishop (D-GA 02) released a statement on Facebook (
here) stating that he was “pleased that the committee passed my Cole-Bishop amendment that maintains the availability of harm reducing nicotine vapor products, while also keeping them out of the reach of children through robust advertising and labeling rules, enhanced shipment age-verification, battery standards, and FDA funding for education and outreach.”

Unfortunately, the Cole-Bishop Amendment (for 2019 fiscal year funding) does no such thing and bears little resemblance to the Cole-Bishop Amendment that vapers have been fighting for since early 2016. In fact, it reduces availability of harm reduction products to adult smokers.

The Cole-Bishop amendment to the Agricultural Appropriations Bill was first introduced in 2016 as a vehicle for language that would change the predicate date in the Tobacco Control Act (TCA) from February 15th, 2007 to the effective date of the deeming regulations (August 8th, 2016) for all newly deemed products. This change would have allowed for all vapor products currently on the market to remain on the market without being subject to the FDA’s burdensome and prohibitive premarket approval (PMTA) process.

The first CASAA Call to Action in support of Cole-Bishop, in April 2016, specifically targeted members of the House Agriculture Appropriations Committee, where including the amendment in budget language was being debated. The committee voted in favor of keeping the bipartisan legislation in the Agricultural Appropriations bill. Unfortunately, with no companion language in the senate and lack of support from congressional leadership, the Cole-Bishop amendment was, ultimately, stripped from the final budget package. While representatives Nita Lowey (D-NY) and Nancy Pelosi (D-CA) were quick to announce they had removed the language from the budget, intel from people on the ground on The Hill suggests it was not an easy fight. Reportedly, staffers were emerging from budget meetings saying that the vapor language was still being discussed.

The Cole-Bishop amendment was introduced again in 2017 as part of the FY 2018 Agricultural Appropriations bill. Unlike 2016, where the language was included as a rider to the bill, Cole-Bishop was part of the base appropriations bill which made it more difficult to simply strip out. Additionally, the battery standards language was clarified by providing a PMTA exemption for manufacturers that needed to make changes to their devices to be compliant. CASAA along with several industry stakeholders suggested these changes to representative Cole in 2016.

In addition to the necessary changes to the battery standards language, the Cole-Bishop proposal for FY 2018 included stricter regulation of advertising for vapor companies and prohibited self-service sales from vending machines. The authors also added a provision directing the FDA to promulgate a rule regarding standards for characterizing flavors–which the agency is currently doing without any direction from Congress. Despite these concessions, the Cole-Bishop language (Section 753) was not included in the final budget package. It is little consolation that, like during the FY 2017 budget negotiations, the effort to preserve consumer choice of low-risk vapor products was being considered until the last minute.

This year, representatives Cole and Bishop have reintroduced their amendment to the FY 2019 Agricultural Appropriations bill. Shockingly, the amendment only vaguely resembles previous versions.

Provisions affecting vapor products in the FY 2019 Cole-Bishop amendment:

  • Directs the Secretary of Health and Human Services (HHS) to promulgate rules establishing standards for “characterizing flavors” and batteries
  • Limits advertising of vapor products to adult-only publications
  • Prohibits sales from vending machines (unless they are located in an adult-only establishment)
  • Requires vapor product labeling to contain the messages “Keep Out of Reach of Children” and “Underage Sale Prohibited”
  • Requires vapor retailers to register with the Secretary of HHS
  • Amends the “Remote Sales” provision in the Food, Drugs, and Cosmetics Act (21 USC 387 f (d)(4)) to specifically require vapor retailers selling online to verify a purchaser’s age through the use of a commercially available database. (Currently, the code refers to “tobacco products” generally. This change would narrow that focus to solely vapor products.)
  • Directs the Secretary of HHS to submit a report to Congress “that includes a plan of action with respect to the development and operation of the Youth Vapor Product Education, Prevention, and Enforcement Program”–the program is to be funded by $50,000,000 per year for the next four years from Center for Tobacco Products user fees.
  • Directs the Secretary of HHS to conduct a study on preventing the use of vapor products by youth. (This section specifically directs the Secretary of HHS to include an analysis of using biometric security features during the purchase and use of vapor products. In other words, imagine having to scan your fingerprint every time you wanted to turn on or use your mod.)

All references to the predicate date for vapor products are conspicuously missing which means that every vapor product currently on the market will still need to go through the PMTA process. The remaining provisions regarding vapor products, points which CASAA previously tolerated solely because of the enormous benefit of the predicate date change, involve keeping devices out of the hands of youth — and likely make it harder to obtain by smoking adults.  

All of the points about keeping out of the hands of youth are virtually meaningless, not only because there will hardly be any products on the market, but also because these same provisions have failed in every other area where they have been tried (e.g. sex, drugs, alcohol). While it’s possible that larger tobacco or vape companies might be able to navigate the premarket approval process, that will do little to help thousands of other companies who cannot afford the time and expense required, leaving consumers with fewer choices. Failure to change the predicate date most certainly will NOT maintain “the availability of harm reducing nicotine vapor products,” as Bishop claims.

While the authors of Cole-Bishop have essentially thrown vapers and cigarette smokers under the bus, there is still much consumers can do to keep the fight going!

– Vote with your wallet by supporting industry members who support advocacy through donations, participation in lawsuits, advocacy promotion (i.e. link to CASAA and other advocacy efforts) and/or membership in recognized trade organizations.

– Respond to and share CASAA Calls to Action on other issues being considered by  the FDA, and make sure to participate in state- and local-level Calls to Action as well. .

– Get to know your local legislators by meeting with them during their campaigns or contacting their office and telling them how switching to vaping has made a difference. Let them know about any other smokers you’ve helped switch to vaping, too.  Seeing constituents in person makes an incredible impact.

– Register vote and then get out and vote.

– Do your part to change public perception of vapor products. Have conversations with family, friends, neighbors and acquaintances about how vapor products have changed your life.

– Share your testimonial with CASAA’s testimonial project at casaa.org/_testimonials

– If you haven’t yet become a member of CASAA, JOIN TODAY at casaa.org/join-casaa. It’s FREE!

This article was originally published at CASAA
Author: KNoll-Marsh

Posted in All posts, e cigarettes, FDA, News, news-all, Smokeless Tobacco, Vaping, Vaping News | Comments Off on Cole-Bishop Throws Vapers Under the Bus

Supporting the Nicopure/R2V Lawsuit

Last year, Nicopure Labs and The Right to be Smoke-Free Coalition (“R2B”) sued the FDA, arguing against portions of the Tobacco Control Act (TCA) and the FDA’s Deeming Rule as they are being applied to vapor products. The court ruled in favor of the FDA, so the plaintiffs filed an appeal in the D.C. Court of Appeals.

On appeal, Nicopure and R2B argue that “the Modified Risk Tobacco Product (MRTP) provision of the TCA, as well as the ban on free samples of vapor products, (1) violate the First Amendment of the U.S. Constitution, and (2) FDA was obligated to consider a less burdensome Premarket Tobacco Product Application (PMTA) process for vapor products while still protecting the public health.” A summary of these issues can be read here, and you can download the full brief here.

In support of that appeal, CASAA has filed an amicus brief with the court. An amicus brief is a legal document – filed by someone who is not a party to the action – that advises the court of relevant, additional information or arguments that they want the court to take into consideration.

In this case, CASAA is not really making legal arguments, but instead providing additional information from the consumer perspective, such as how consumers use vapor products, the importance of sampling, and why it is critically important that consumers be able to receive basic, truthful information from vapor companies about, among other things, the low-risk nature of vapor products (something that the TCA prohibits). The full CASAA amicus brief can be read here.

In addition to the amicus brief, CASAA disseminated information about the lawsuit on our web site, in our newsletter and on social media to raise awareness of the legal action. This alerted our 200,000+ members and nearly 83,000 followers on social media of the case.

On May 22nd, a fundraising page was launched by the plaintiffs, in coordination with a vaping media site, to help fund the appeal. After a request from CASAA, the fundraiser organizers made changes to the campaign to make it clear that while any donations are appreciated, this should be an industry-funded effort. At the end of the day, this is an industry-led lawsuit, and we believe industry is where the funding should come from. There are many large vapor product companies that have contributed little, if anything, to advocacy efforts, and it’s time for them to stop getting a free ride.

CASAA supports the lawsuit, and our only concern, which has been largely addressed by the organizers, is that consumers shouldn’t feel pressured to donate money to the fundraiser. Consumers are not a party to the lawsuit, and we have no input into legal strategies, nor are we privy to the kind of information that clients would ordinarily receive. And in a very real sense, consumers have been supporting this lawsuit since the beginning. CASAA, as an advocate for consumers, has provided support for the lawsuit, both at the district level and at the appellate level. Specifically, we’ve spent a considerable amount in legal fees not only for CASAA’s amicus brief, but also to assist other groups to file their own amicus briefs.

Of course, if consumers want to donate, they should absolutely feel free to do so. . . but they should do so understanding that it’s their choice, not their responsibility. If we, as consumers, have any responsibility in this regard, it’s to do business with responsible companies that are supporting advocacy efforts. Consumers can also help by alerting larger companies to the fundraising efforts, urging their shops to make their suppliers aware, and expressing their displeasure to large vapor companies that do not contribute.

A link to the industry fundraising campaign can be found here.

This article was originally published at CASAA
Author: KNoll-Marsh

Posted in All posts, e cigarettes, News, news-all, Smokeless Tobacco, Vaping, Vaping News | Comments Off on Supporting the Nicopure/R2V Lawsuit

CASAA Newsletter – April 2018

CALLS TO ACTION

RESEARCH


US Vapor Flavors Survey – FDA Flavors ANPRM

1 week ago

In March, the FDA published an advanced notice of proposed rulemaking (ANPRM) regarding standards for flavored vapor products. An ANPRM is the beginning of the rule making process and serves as an opportunity for all stakeholders to provide feedback to the agency by way of comments and scientific studies.

As part of the effort to address some of the questions posed by the FDA in the ANPRM regarding flavored vapor products, Dr. Konstantinos Farsalinos has developed a survey. The data collected will provide valuable information about patterns of e-cigarette use with a focus on the role that flavors play.

Please take time today (approximately 20 minutes) to complete this survey.

Click Here to Take The Survey!


FDA



TOBACCO 21


9 hours ago

(Update – 04.12.18) The proposal to raise the tobacco and vapor purchase age to 21 remains on the city council agenda. As of the April 9th meeting, the proposal was included as part of a committee report. According to a local news report, city lawmakers remain concerned about the unintended consequences of raising the purchase age for all tobacco products. …

Read More »


8 hours ago

(Update – 04.12.18) SB 164, which would raise the minimum legal purchase age from 18 to 21 for ALL tobacco and vapor products, was voted out of the Committee on Public Health with a favorable recommendation. The vote was 22 – 4 in support of the bill. Currently, SB 164 is on the calendar for the full Senate where it …

Read More »


INDOOR BANS


3 days ago

Every 20 years, the state of Florida convenes a Constitutional Revision Commission (CRC) to consider possible amendments to the state’s constitution and put them to the voters to decide. In 1998, this process was used to pass an unpopular statewide anti-smoking law that prohibited smoking in workplaces. In 2018, much like 1998, a similar proposal would ban vaping in the …

Read More »


FLAVOR BANS



TAXES


4 days ago

(Update – 04.09.18) HB 922, which would impose a 46% wholesale tax on vapor products, has been scheduled for a hearing on Wednesday, April 11, 2018 15 minutes after floor (1:00 PM) Senate Committee on Finance Room 6 115 State Street Montpelier, VT 05633   Please note: This is not a public hearing. Spoken testimony is being accepted by invitation …

Read More »


2 weeks ago

RHODE ISLAND VAPOR TAX Update – 03.26.18 (House Finance Committee Hearing) Last week’s meeting that was cancelled due to weather is rescheduled for Wednesday, March 28, 2018 Rise of the House (4:30 PM) Room 35 – State House   The committee will be hearing testimony regarding Governor Gina Raimondo’s proposal to impose an outrageous 80% wholesale tax on vapor products …

Read More »


3 weeks ago

On March 13th, New Jersey Governor Phil Murphy announced his budget proposal for FY 2019. The governor’s first budget includes a new 75% wholesale tax on vapor products and a tax hike for smokeless tobacco raising it from 30% to 68% of wholesale. CASAA has been informed that the rates for these taxes come from bills in the House (A.1586) …

Read More »


ENDED CALLS TO ACTION


2 weeks ago

(Update – 04.02.18) In typical down-to-the-wire fashion, the New York legislature passed a budget for FY 2019 last week. The budget does NOT include a new tax on vapor products! Special thanks are in order to everyone who took a moment to contact their officials urging them to remove the governor’s proposed tax on vaping. Also thanks to the NYSVA …

Read More »


Did you find this newsletter informative? Please consider making a donation to CASAA. We rely on contributions to provide timely information and engagements to help protect everyone’s access to life-saving, low-risk nicotine and tobacco products. Didn’t get the CASAA newsletter in your email? Sign up here.

CASAA is 501(c)(4) tax-exempt organization. While CASAA is a non-profit organization and pays no income taxes on the donations it receives, contributions or gifts to CASAA are not deductible by the donor as charitable contributions for federal income tax purposes.

This article was originally published at CASAA
Author: KNoll-Marsh

Posted in All posts, CASAA Newsletter, e cigarettes, News, news-all, newsletter, Smokeless Tobacco, Vaping, Vaping News | Comments Off on CASAA Newsletter – April 2018

Tobacco Harm Reduction Expert Fact Checks UCSF “Gateway” study

Dr. Brad Rodu

Dr. Brad Rodu, a renowned Professor of Medicine at the University of Louisville who holds an endowed chair in tobacco harm reduction research, has called for the retraction of a Pediatrics article by University of California San Francisco’s Benjamin W. Chaffee, Shannon Lea Watkins, and Stanton A. Glantz.

The article claims that “Among adolescent cigarette experimenters, using e-cigarettes was positively and independently associated with progression to current established smoking.”

“The findings and the claim are false,” wrote Dr. Rodu. “In their analysis, the authors ignore the fact that their study group consisted entirely of experimental smokers with widely varied experience….”

“When we added lifetime cigarette consumption (LCC),” Dr. Rodu explained, “the positive results for e-cigarettes essentially disappeared, negating Chaffee’s core claim.”

“Their study should be retracted.”

Read the full story and see the results of Dr. Rodu’s analysis on his blog, Tobacco Truth, here and here.

This article was originally published at CASAA
Author: KNoll-Marsh

Posted in All posts, e cigarettes, News, news-all, Smokeless Tobacco, Vaping, Vaping News | Comments Off on Tobacco Harm Reduction Expert Fact Checks UCSF “Gateway” study

CASAA Announces 2018 Board Election Results

CASAA’s leadership team, as confirmed at our last board meeting:

Alex Clark, Executive Director

Bruce Nye, President of the Board

Jennifer Berger-Coleman, Vice President of the Board and Director of Community Outreach

Karen Carey, Secretary and Treasurer of the Board

Julie Woessner, National Policy Director and Board Member

Brian Carter, Director of Scientific Communications and Board Member

Doug Carter, Information Systems Administrator

Kristin Noll-Marsh, Member Coordinator (Staff)

Elaine Keller, Board Member

Jan Johnson, Board Member

Ron Ward, Board Member

Jim McDonald, Board Member

We hope you will all join us in welcoming Jim McDonald to the CASAA leadership team and in wishing Bruce and Jennifer the best in their new roles

This article was originally published at CASAA
Author: KNoll-Marsh

Posted in All posts, e cigarettes, News, news-all, Smokeless Tobacco, Vaping, Vaping News | Comments Off on CASAA Announces 2018 Board Election Results

ECigIntelligence User Survey 2018

In November of 2017, CASAA assisted ECigIntelligence in conducting a focused survey of vapers. The integrity of ECigIntelligence was verified, as was the purpose and scope of the survey, and the survey was circulated to our members via email.As a part of our diligence to our members, CASAA is publishing the relevant results to educate and advocate for our members.

Our members continue to provide some of the most comprehensive and meaningful information on vaping. We are grateful to everyone who took the time to help provide this information that can be used by CASAA and others in our advocacy efforts.

As in the previous year’s survey, the typical respondent was male around 35-39 years old. Young adults (18-24) made up only 10% of respondents. Those who took the survey were mostly advanced open-system users.

The trend between years shows a 4% increase in the number of respondents who consider themselves ex-smokers, while there is a 3% decrease in the number of non-smokers initiating vapor product use. The number of “dual users”, the majority of whom are transitioning from smoking to vaping, has remained steady. For 2018, the market segment was further refined and shows that the majority of respondents (97-99%) prefer basic open systems or advanced open systems. Also new this year is the addition of the Open Pod / Ultra portable segment, which accounts for half of the remaining users surveyed.

For 2018, the survey explored a key area of interest in usage patterns that had not been captured before – those users who stopped or dramatically cut down on use of vapor products. While understandably a small segment of the respondents (1.36%), it is an important element in the effectiveness of vapor products that often goes unnoticed. Of those respondents who vape less than once a month if at all, 40% would not go back to, or increase, vaping as they have successfully quit both smoking and nicotine dependence. Note that less than 2% of those who vape infrequently or not at all returned to smoking.

Countering the idea that advertising is attracting more users, key motivation to try vaping remains feedback from friends/family and seeing others using the products, accounting for 52% of the reasons given. The key reason to continue vaping is still to help stop smoking entirely or to remain smoke-free (75%).

In this slide we see, once again, that the majority of vapers are ex-smokers (81%). Countering the argument that dual-use is growing, we also find that of the 19% who dual-use, more than 73% of them successfully transition from smoking to the exclusive use of vapor products.

Exploring this transition from dual-use to exclusive-use, the average length of time before dual-use becomes exclusive-use is less than 2 years (1.58 years average). This phenomena remains fairly consistent across time, gender, age, and location, with only a 1-2 month difference overall.

As potential regulation of nicotine and flavors looms, the survey takes a further look at the DIY market. While it is too early to identify clear trends, more than 1 in 6 of the vapers surveyed are creating their own e-liquids at home.

Key motivations for DIY vapers surveyed is the ability to customize flavors and nicotine strength and to save money. Notably, 80% felt that DIY was an important or very important safeguard against government regulation.

Exploring device usage a bit further, six segments have been identified. The majority of vapers (5,696 of 6,448 or 88%) were either new, or experienced, advanced-open-system users. Of the remaining 22%, the majority were on a journey from closed systems to basic open systems.

This last slide shows that there are key motivators in the journey to becoming an experienced vaper. Closed-system users typically find cost a sufficient motivation to move to open systems. For both the new-to-basic and new-to-advanced, the key motivating factor is the vaping experience (appearance/flavor), with the differences centering on cost/ease of use for experienced basic-system users, while experienced advanced-system users are motivated by customizing their experience.

CASAA thanks our members who took the time to answer the survey and ECigIntelligence for its work in providing this important data.

This article was originally published at CASAA
Author: Bruce Nye

Posted in All posts, CASAA Survey, consumers, demographics, dual-use, e cigarettes, ecig, flavors, News, Smokeless Tobacco, Vaping, Vaping News, vapor | Comments Off on ECigIntelligence User Survey 2018

Congress votes to fund scared-straight campaign from CDC, but leaves smokers and vapers out in the cold.

The Consolidated Appropriations Act of 2018 (“the omnibus budget bill”) has been nearly six months in the making. And when all of the pieces were laid together–all 2200+ pages of it–the bill made its way through Congress and onto President Trump’s desk in just two days. The bill mentions “Food and Drug Administration” 12 times and “tobacco” 23 times, but language regarding modernizing the predicate date for products recently deemed to be tobacco by the FDA is absent. In other words, Section 753 (aka the Cole-Bishop amendment) of the Agricultural Appropriations bill has been left out.

With campaign season right around the corner, the omnibus budget bill is likely to be the last major piece of legislation to make its way through Congress in 2018. This, of course, means we can expect the same continuing resolution (CR) dance in September when Congress is supposed to come back to the trough for FY 2019 funding.

Where does vaping go from here?

For now, we must focus on dealing directly with the FDA, which has authority to establish new rules and standards for products the agency has deemed to be tobacco. Case in point: The FDA recently announced its advance notice of proposed rulemaking (ANPRM) regarding nicotine content in cigarettes and another proposal to establish rules for flavored tobacco and vapor products.

The comment process is open to all and CASAA is encouraging our members to participate.

We encourage you to share your story about what role flavored vapor and smokeless tobacco products play in helping you live smoke-free.The ANPRM poses a set of specific questions to stakeholders, policy makers, and scientists, which we will be reviewing in order to offer specific guidance to our members for submitting additional comments. (You may submit as many comments as you wish.)

Points to think about and include in your comments:

  • Why you decided to try a smoke-free product.
  • What role did the flavor play in your motivation to try?
  • What flavors do you use regularly and how often do you switch between flavors?
  • How long have you been smoke-free or, if you are still smoking, how much have you reduced?
  • Did you use cigarettes and smoke-free products for a period of time (“dual use”) before completely switching to a smoke-free product?

You can access the docket and add your voice by clicking here.

Comments are being accepted until June 19th, 2018.

—-

This article was originally published at CASAA
Author: Alex Clark

Posted in All posts, ANPRM, Cole-Bishop, e cigarettes, FDA deeming, FDA-CTA-current, FED-CTA-current, flavors, News, Smokeless Tobacco, Vaping, Vaping News | Comments Off on Congress votes to fund scared-straight campaign from CDC, but leaves smokers and vapers out in the cold.

Tobacco (and Vapor) 21 looses steam in Washington State

(Update – 03.09.18)

For the second year in a row, the Washington State Legislature has failed to advance a bill that would raise the minimum purchase age for tobacco and vapor products to 21. Thanks to participation from consumers and advocates on the ground, smokers in Washington will continue to have access to low-risk alternatives to smoking, at least for the next year.

A special thank you is in order for Washington’s Pink Lung Brigade who have worked cooperatively with CASAA to keep our members informed and engaged. THANK YOU!!

Although we are concluding this call to action as successful, we are mindful that the discussion about Tobacco 21 in Washington continues. As noted during a committee hearing last year by Representative Paul Harris (R-H017 and HB 1054’s main sponsor), enacting tobacco (and vapor) 21 would create a revenue issue for the state. As a remedy, Rep. Harris is also sponsoring legislation (HB 2165) that would make up the difference by enacting a 60% tax on vapor products.

When speaking in support of his tax bill, Rep. Harris is one of the few lawmakers who has publicly admitted that what is he proposing is “really all about the money.” While we can certainly appreciate his candid assessment, the fact remains that Washington is rejecting Tobacco 21 for fiscal reasons rather than recognizing the consequences of restricting access to and misleading consumers about safer alternatives to smoking–also a fiscal concern.

Representative Harris, although misguided, is very passionate about protecting young people. Advocates in Washington can expect to see the Tobacco 21 and accompanying tax bill resurface in future legislative sessions. CASAA urges our members to remain vigilant and continue the dialogue with lawmakers about the benefits of harm reduction.

Thank you for your participation!



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CASAA is 501(c)(4) tax-exempt organization. While CASAA is a non-profit organization and pays no income taxes on the donations it receives, contributions or gifts to CASAA are not deductible by the donor as charitable contributions for federal income tax purposes.

This article was originally published at CASAA
Author: Alex Clark

Posted in All posts, e cigarettes, News, Smokeless Tobacco, Tobacco 21, Vaping, Vaping News, Washington | Comments Off on Tobacco (and Vapor) 21 looses steam in Washington State

CASAA Newsletter – March 2018

Welcome back to CASAA’s Newsletter. We know it’s been several months since we last sent this out, but we are once again able to devote resources to delivering this to your inbox monthly. We hope you’ll find our March update useful and informative.

On a personal note, February marked my five-year anniversary of switching to vapor products and becoming smoke-free. As some may remember, 2013 marked the start of vaping’s meteoric rise in popularity. In fact, between 2013 and 2015, CASAA membership skyrocketed as consumers became aware of the regulatory threat from the FDA and state laws that jeopardize our access to these life-saving products.

On Thursday, March 1, I had the opportunity to provide written testimony on behalf of CASAA to the Rhode Island Senate Health and Human Services committee regarding a bill (SB 2228) that would include vaping in the state’s existing indoor clean air law. It dawned on me that my vaperversary (as we are fond of calling it) is an annual opportunity to share my story and my passion for protecting access to smoke-free alternatives with lawmakers. It’s the perfect opportunity for you, too.

Hopefully, by now, you are aware of CASAA’s Testimonials Project–if you haven’t already added your story, please take a moment this weekend to add your voice. The Testimonials Project is a valuable tool that CASAA uses for advocacy purposes and can even be an incredible resource for research. But sharing your story isn’t limited to a collection on the internet or even as a mention among friends. In addition to sharing your smoke-free journey with us, I want to take this opportunity to encourage all of our members to share your smoke-free anniversary with lawmakers, every year.

You can find an up-to-date list of your state and federal officials and their contact information at www.THRvoter.org. 2018 is an election year, so please take advantage of the voter registration tools on the site as well.

If you don’t have a smoke-free anniversary coming up soon–and even if you do–please add your story to an email to congress urging them to support modernizing the predicate date for vapor products. You can take action at www.August8th.org.

Thank you for your support and participation!

Alex Clark

CEO, CASAA

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NEWS

ACS to Clinicians: Vaping is an acceptable last resort…

…but we still want it regulated like cigarettes. — In February, The American Cancer Society (ACS) published a partial change in their position on the role that vapor products can play in helping people quit smoking. By way of summary, ACS has updated their advice to clinicians regarding vapor products by recommending that “clinicians support all attempts to quit the …

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CASAA files Amicus Brief in Nicopure/R2B FDA Deeming Rule Challenge

– Washington D.C.

Last year, Nicopure Labs and The Right to be Smoke-Free Coalition (“R2B”) sued the FDA, arguing against portions of the Tobacco Control Act and the FDA’s Deeming Rule as they are being applied to vapor products. The court ruled in favor of the FDA at that time, so the plaintiffs filed an appeal in the D.C. Court …

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Real World Evidence Doesn’t Support Pneumonia Concerns

– London, UK

Contrary to the headlines, a recent study published in the European Respiratory Journal offers no proof that vaping causes, or significantly increases, the risk of getting pneumonia. In fact, vaping may even decrease the risk in many users, who otherwise would be smoking. While the research suggests that vaping might increase the risk of pneumonia-related bacteria “sticking” …

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Public Health England Reaffirms Support of Vaping

-London, U.K.

Public Health England (PHE) has released its latest annual report on e-cigarettes, again stating that vaping poses only a fraction of the health risk of tobacco smoking and should be encouraged among smokers. A key finding of the PHE report was that “there is much public misunderstanding about nicotine. Less than 10% of adults understand that most of …

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Multiple Vape Shops File Against FDA

-Washington D.C.

Pacific Legal Foundation (PLF), a donor-supported organization that has successfully litigated for limited government, private property rights, and free enterprise, announced Tuesday that it would be representing several small vape shop owners in lawsuits filed against the U.S. Food and Drug Administration. The filed complaints object to the FDA “Deeming Rule” that requires the nearly impossible Premarket Approval …

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More misleading headlines about vaping

– New York City, New York

A poorly designed mouse study from the New York University School of Medicine in New York City is causing news outlets around the world to falsely report that the use of vapor products increases the risk of cancer and heart disease. “In medical science, mouse studies are of very limited use in determining effects …

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FDA ends nicotine addiction experiment on squirrel monkeys

Earlier this month, the FDA announced it was permanently ending nicotine addiction experiments on monkeys that were part of the agency’s potential effort to force cigarette manufacturers to lower the nicotine content of their products. In a November 2017 letter to Commissioner Gottlieb, CASAA commended this decision and urged the FDA not to resume these misguided studies or rely on …

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CASAA Addressed TPSAC Regarding Modified Risk Product

–Silver Spring, MD

On January 24-25, 2018, the Tobacco Products Scientific Advisory Committee (TPSAC) will discuss modified risk tobacco product applications (MRTPAs), submitted by Philip Morris Products S.A. for the IQOS Heatsticks systems. TPSAC reviews and evaluates safety, dependence, and health issues relating to tobacco products and provides appropriate advice, information and recommendations to the Commissioner of Food and Drugs. …

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CASAA to FDA’s TPSAC: PMI’s modified risk claims should go further!

Full text of statement below. Please note that a portion of our statement was omitted during the presentation due to time constraints. In the interest of transparency, we have included the omitted COI statement here. January 25, 2018 Testimony Delivered to FDA Tobacco Product Scientific Advisory Committee (TPSAC) RE: PMI IQOS Modified Risk Tobacco Application – – Members of the …

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Modernize the Predicate Date for Vapor Products!

By January 19th, Congress will need to come up with a plan to continue funding the government. This could be just another continuing resolution or we could be looking at real budget talks happening in the coming weeks. In either case, today, we have an opportunity to urge support for predicate date change language in the appropriations side of the …

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CASAA Submits Comment to OMB Regarding CDC Campaign

Focus put on misleading “Tips From Smokers” campaign In October 2017 the Centers for Disease Control and Prevention (CDC) submitted an information collection request titled “National Notifiable Diseases Surveillance System” to the Office of Management and Budget (OMB) for review and approval. The OMB subsequently requested comment from the public to determine whether or not the collection and evaluation of …

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CALLS TO ACTION

US – Modernize the Predicate Date for Vapor Products!

Budget negotiations are happening right now and we only have a short time to make an impression. This is the time to reach out to Congress and urge them to support us.

By March 22nd, Congress will need …

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WA – Stop Tobacco (and Vaping) 21!

SB 6048, which would raise the minimum legal age to purchase ALL tobacco and vapor products, is scheduled for a public hearing on Thursday, February 22, 2018 (agenda) 3:30 PM Senate Committee on Ways & Means (committee page) Please make plans to attend this hearing. Even if you do not plan to speak your presence is important as it demonstrates …

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UT – Stop an outrageous tax on vaping!

(Estimated end of legislative session on March 8th)

(Update – 02.22.18) On Wednesday, February 21st, the House Revenue and Taxation Committee gave a favorable recommendation to HB 88 and voted it on to the next legislative step. The favorable vote came after the bill was amended to change the proposed tax rate for vapor products from 86% to 29% of wholesale.   But this is still an unjustifiable …

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Mankato, MN rejects Tobacco (and Vapor) 21. Help us say Thank You!

(Update 02.14.18) On Monday, February 12th, the Mankato City Council narrowly rejected an ordinance that would raise the age to purchase all tobacco and vapor products from 18 to 21-years-old by a 4 to 3 vote. North Mankato’s plans to implement Tobacco (and Vapor) 21 may also be affected by this decision. The ordinance was set to go into effect …

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MD – Stop Tobacco and Vapor 21!

SB 456 would raise the age to purchase ALL tobacco and vapor products to 21-years-old. This bill is scheduled for a public hearing on Thursday, February 15, 2018 Senate Finance Committee 1:00 PM 3 East Miller Senate Building 11 Bladen Street Annapolis, MD 21401 Please make plans to attend this hearing. Even if you do not plan to speak your …

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IL – Three bills would deny adult access to life-saving vapor products!

(Update – 02.08.16) Three bills that would raise the age to purchase vapor products and other low-risk tobacco products to 21-years-old are moving on to second and third readings in the house and senate. We need your help to stop these bills from going any further. Please take action now by sending a message to your lawmakers urging them to …

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NY – Rockland County – Stop Tobacco & Vapor 21!

(Update – 02.07.18) After hearing comments from the public at Tuesday night’s hearing, the Rockland Co. Legislature has scheduled a vote for the Tobacco 21 law on Tuesday, March 20, 2018 Please continue to reach out to county lawmakers and urge them to oppose this misguided regulation. Take Action – Send a Message Legislators’ phone numbers and email addresses are …

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IN – Lafayette – Stop an indoor vaping ban!

(Concluded – Ordinance Passed)

(Update – 03.06.18)

On Monday, the Lafayette City Council voted to adopt the ordinance which bans vaping in the same places where smoking is prohibited. Although this concludes CASAA’s engagement on this ordinance, Lafayette residents are encouraged to continue voicing their opposition…

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WA – Stop vaping taxes!

HB 2165, which would add a 60% tax on the sale of vapor products, is moving quickly to the floor of the Washington House of Representatives. While most consumers will feel this increase in the form of a wholesale tax (paid by the distributor when they purchase products from manufacturers), consumers who shop online will, effectively, pay a 60% sales …

Read More »

This article was originally published at CASAA
Author: Alex Clark

Posted in All posts, CASAA Newsletter, e cigarettes, News, Smokeless Tobacco, Vaping, Vaping News | Comments Off on CASAA Newsletter – March 2018