Category: Regulation

  • Where’s the harm?

    Where’s the harm?

    A health-care policy advisor at the Heartland Institute has questioned whether the US Environmental Protection Agency (EPA) can build an argument demonstrating that vaping creates a public harm.

    And in replying to his own question, Dr. John Dale Dunn, MD, JD, said: “The answer is no, they can’t”.

    Dunn and two other vaping- and tobacco-policy experts, were responding to news that on Monday the New York State Senate had passed a measure that would treat vaping exactly like cigarette smoking is treated: banning it everywhere smoking is banned indoors, including in restaurants, bars, and offices.

    The Heartland Institute in February published a booklet titled Vaping, E-Cigarettes, and Public Policy Toward Alternatives to Smoking, which encouraged policymakers to be mindful of the extensive research that supported tobacco harm reduction and to understand that ‘bans, excessive regulations, or high taxes on e-cigarettes could encourage smokers to stay with more-harmful traditional cigarettes’.

    “Any effort to control or ban vaping is built on the claims that second-hand smoke causes harm,” said Dunn. “Bypassing the ridiculous premise, built on junk science research by the EPA, that second-hand smoke is harmful, the question is: Can the EPA or its allies build an argument that vaping, which produces water vapor after inhaling nicotine, be shown to create a public harm? The answer is no, they can’t.

    “There is no research or science that shows vaping causes second-hand harm, so the campaign is the usual effort to impose a preference by a leftist hegemon. I would suggest, instead, that vapers be left alone while we consider the benefits to them by foregoing the smoking of cigarettes.”

    Meanwhile, Matthew Glans, senior policy analyst at The Heartland Institute, said the New York Senate’s decision to treat vaping in the same way as conventional smoking was treated was both short-sighted and potentially harmful.

    “Vaping is not the same as smoking tobacco products, and many smokers use e-cigarettes to stop smoking, thereby reducing the likelihood of suffering in the future from serious tobacco-related illnesses such as lung cancer,” he said. “E-cigarettes and other vaping devices have far fewer negative consequences for both vapers and bystanders, so they should not be treated in the same way. While many supporters of this ban would argue total ‘cold turkey’ cessation is the only safe route towards quitting smoking, for many this method will simply never work and vaping may be their best option.

    “Protecting the vaping market from over-regulation is important. According to many in the public health community, e-cigarettes are far safer than combustible cigarettes, and several studies show they remain one of the most successful methods used by smokers to stop their consumption of tobacco. The American Association of Public Health Physicians concluded e-cigarettes ‘could save the lives of four million of the eight million current adult American smokers who will otherwise die of a tobacco-related illness over the next 20 years’.”

    Looking at the likely effects of the New York measure on the ground, Jeff Stier (pictured), senior fellow, National Center for Public Policy, and research policy advisor, The Heartland Institute, said that New York’s smoking ban was passed to achieve two primary goals, the first of which was to limit exposure to second-hand smoke. The second primary goal was to limit the places smokers could smoke cigarettes, with an eye towards getting them to quit.

    “Treating e-cigarettes like cigarettes can’t possibly lower exposure to second-hand smoke, because there is no second-hand smoke from e-cigarettes,” Stier said. “The law could only increase exposure, by removing an incentive to switch from smoking. And by falsely suggesting that the products are the same, by treating them equally under the law, this ban will undermine the prospects that smokers will switch, by making it more difficult to replace the harmful behavior with a far less risky one. Especially in a bar, where the temptation to smoke is higher, removing the option to vape is especially wrong-headed.

    “When you walk past a bar and see a group smoking outside, it’s likely that some of those smokers would prefer to be vaping inside with their co-quitters. Once they are forced outside, the temptation to revert back to smoking will be too hard for many to overcome, especially after a couple of drinks. This is what we mean when we talk about ‘unintended consequences.’ In this case, the consequences are deadly.

    “The bottom line is that smokers in New York are quitting smoking and using e-cigarettes instead. This law would undermine that.”

  • ‘Smoke-free’ status sought

    ‘Smoke-free’ status sought

    Malaysia is aiming to reduce the incidence of tobacco smoking in the country to 15 percent by 2025 and to five per cent by 2045, according to a story in The Borneo Post. Some people claim that a smoking incidence of below five percent is indicative of a smoke-free nation.

    There seemed to be no specific new initiatives aimed at reducing the prevalence of smoking, but Health Minister Datuk Seri Dr S. Subramaniam was quoted as saying the ministry ‘would be intensifying efforts to empower and promote overall health to assist smokers to kick the unhealthy habit’.

    Subramaniam said the government had carried out various initiatives to combat smoking, including raising the excise duty on cigarettes, requiring that health warnings were displayed on cigarette packs, and banning smoking in almost all public places.

    “We hope the people will heed the message seriously and co-operate with the government to produce a smoking-free nation,” he told reporters on Tuesday.

    The National Health and Morbidity Survey in 2015 showed that 22.8 percent or five million Malaysians aged 15 and above were smokers.

    Most of the smokers were men, and male smokers were said to make up 43 percent of the group actively contributing to national economic growth.

    Subramaniam said that, on average, Malaysians spent about RM178 a month on cigarettes, while the nation needed to spend RM2.92 billion annually in treating those with diseases linked to smoking.

    “Imagine how much Malaysians would save if they stopped smoking,” he added.

  • Smokers are citizens

    Smokers are citizens

    A smokers’ group is calling on the EU to stop treating adult smokers, who make up 26 of the EU’s population, like second-class citizens.

    Forest EU wants the EU to respect the right of smokers to make informed choices about smoking a legal product.

    These demands are contained in the group’s just-published 2017 manifesto, Smokers Are Citizens Too. The document, described as comprehensive and ‘independent’, looks at the policies affecting smokers and considers what alternative policies governments and EU institutions should pursue.

    The 10-page document, which is the size of a pack of cigarettes, tackles issues such as smoking bans, standardized packaging, excessive taxation and youth education.

    In launching the manifesto, Forest EU’s director, Guillaume Périgois, said that one in four, or 100 million, EU adult citizens smoked.

    “Yet, across the EU, smokers are being punished and ostracised for a habit they enjoy,” he said.

    “This has to stop: Adult smokers should be allowed to make the informed choice to consume a legal product without excessive regulations and oppressive taxation.

    “Forest EU calls national governments and EU institutions to stop treating Europe’s smokers like second-class citizens, cut tobacco taxes, focus on education programs in schools and conduct a review of the impact of the Tobacco Products Directive before any additional regulation is attempted.”

    Key elements of the manifesto are:

    • ‘Smokers represent 26 percent of the population in the European Union.
    • ‘Smokers contributed €81 billion to the public budgets in excise duties in 2015.
    • ‘In January 2017 an average of 79.6 percent of the price of a pack of cigarettes in the EU was duties and taxes.
    • ‘If all cigarettes sold on the black market were sold legally, the budget of the EU and its member states would receive above €10 billion annually.’

    Key conclusions of the manifesto are:

    • ‘Stop treating Europe’s adult smokers like second-class citizens and respect their right to make informed choices about smoking a legal product.
    • ‘Reduce the punitive tax on tobacco and stop encouraging illicit trade. Focus on targeted education programs in schools to make sure children are aware of the risks of smoking from a young age.
    • ‘Conduct an evidence-based review of the impact of the revised Tobacco Products Directive (TPD2) and attempt no further legislation on tobacco before the directive has met its objectives.’
  • If you’re going to …

    If you’re going to …

    San Francisco is to ban the sale of flavored cigarettes, including menthol products, from April next year, according to a story by Joshua Sabatini on sfexaminter.com.

    On Tuesday, the Board of Supervisors approved unanimously legislation introduced by supervisor Malia Cohen that prohibits retailers from selling flavored tobacco products, including menthol cigarettes, flavored chewing tobacco and flavored liquids containing nicotine used in electronic cigarettes.

    Such products were said to impact disproportionately the LGBT and black communities.

    “We want to enhance our prevention strategies,” Cohen was reported to have said. “The goal of this ordinance is to keep people from smoking in the first place.”

    The ban drew opposition from small businesses, and from the Small Business Commission which represents them, for the impact it would have on their bottom-lines and the concern that patrons would only shop online or in other counties for the same products.

    To address the business concerns, Cohen amended the legislation to have it go into effect in April 2018, rather than January, when it was originally aimed to come into force. She said also she would support increased city funding to help small stores transition their business models under the Healthy Food Retail program.

    The legislation was said to build on a September 2009 US Food and Drug Administration ban on ‘characterizing flavors’ in cigarettes.

    Sabatini’s piece is at: http://www.sfexaminer.com/sf-bans-sale-menthol-cigarettes-will-eliminate-least-50-5m-tobacco-sales/

  • Holes under the spotlight

    Holes under the spotlight

    Questions have been raised in the EU parliament about the possible health risks associated with cigarettes whose filters have ventilation holes.

    In a preamble to their questions, which will be answered in writing by the Commission, the Dutch MEP, Gerben-Jan Gerbrandy, and the Belgian MEP, Frédérique Ries, said that, on May 29, the Dutch national newspaper ‘de Volkskrant’ had reported that ventilation holes in cigarettes contributed to an increasing risk of ‘adenocarcinoma’, the most common form of lung cancer.

    ‘Research from the National Cancer Institute in the US shows a connection between the perforated filter and an increase in this specific type of cancer,’ they said.

    ‘Based on the findings of the research institute, the ventilation holes in cigarettes could pose a new threat to public health.

    ‘Moreover, these ventilation holes mislead the measuring equipment that is developed to detect harmful substances in cigarettes.

    ‘Experts have therefore requested a strict ban on ventilation holes.’

    Gerbrandy and Ries went on to ask whether the Commission was aware of the potential health risk of ventilation holes in cigarettes and whether the Commission had taken any action or investigated the issue at an earlier stage?

    ‘Based on the research findings, does the Commission believe that the European standards for cigarette components and the measurement methods, which are developed to detect harmful substances in cigarettes, should be adapted?,’ they asked.

    ‘Has the Commission envisaged other steps to further investigate the issue and does the Commission intend to update the current Tobacco Products Directive (2014/40/EU) based on the findings of this research?’

    In May, an article in the Journal of the National Cancer Institute suggested that the US Food and Drug Administration should consider regulating cigarette filter ventilation, up to and including a ban.

    It further suggested a research agenda to support such an effort.

    A short background to the article said that filter ventilation was adopted in the mid-1960s and was initially equated with making cigarettes safer. But since then, lung adenocarcinoma rates had paradoxically increased relative to other lung cancer subtypes.

    Filter ventilation was said to alter tobacco consumption in such a way as to increase smoke toxicants. It was said to allow for elasticity of use so that smokers inhaled more smoke to maintain their nicotine intake. And it was said to cause a false perception of lower health risk from ‘lighter’ smoke.

  • Snus: safe but banned

    Snus: safe but banned

    New data analysis presented on Friday at the annual Global Forum on Nicotine (GFN) meeting demonstrates the potential of the low-risk tobacco product snus for reducing the impact of tobacco-related disease and death in Europe, according to a eurekalert.org story.

    The GFN was held at the Marriott Centrum Hotel, Warsaw, Poland, on June 15-17.

    The latest evidence, presented by Peter Lee, epidemiologist and medical statistician, indicates that the consumption of snus is at least 95 percent safer than is smoking. And analysis by Lars Ramström, a snus researcher in Sweden, showed that if snus were made available throughout the EU, where it is currently banned outside Sweden, and similar use levels to Sweden were adopted, up to 320,000 premature deaths could be avoided among men every year.

    Snus use is more popular than smoking in Sweden. Its availability has led to a reduction in smoking and smoking-related diseases with the 2017 EC EuroBarometer survey showing only five percent of Swedes being daily smokers, compared with the European average of 24 percent.

    Correspondingly, Swedish men have Europe’s lowest level of tobacco-related mortality, 152 per 100,000 compared with the European average of 373 per 100,000.

    While 46 percent of deaths due to smoking result from respiratory diseases such as lung cancer, chronic obstructive pulmonary disease and pneumonia, there is no evidence that risk of these diseases is increased by using snus. Nor does snus appear to increase the risk of other smoking related diseases including heart disease, stroke and a range of cancers.

    In addition, the role of snus in both reducing initiation of smoking and increasing cessation of smoking is a key element in defeating the actual cause of tobacco-related ill-health caused by cigarette consumption.

    Due to strong evidence behind snus’ potentially life-saving benefits, the New Nicotine Alliance (NNA), a UK consumer group supporting access to safer nicotine products, is calling for its legalization and has joined legal action case against the banning of snus, which has now been referred to the European Courts of Justice.

    The Eurekalert piece is at: https://www.eurekalert.org/pub_releases/2017-06/kac-nds061517.php

  • MSA scam alert

    MSA scam alert

    At least two US state attorneys general have issued warnings about an online promotion that wrongly suggests people are entitled to receive tobacco settlement money.

    The Master Settlement Agreement (MSA) is a settlement reached between the nation’s four largest tobacco companies and attorneys general from 46 states and territories under which the tobacco companies agreed to pay the states $206 billion during the first 25 years of the agreement. There is no provision for payments to individuals.

    In alerting people to the deception, West Virginia’s Attorney General Patrick Morrisey said the online promotion misled consumers into believing they could receive tobacco settlement money.

    The online promotion claimed individuals could sign up for the MSA agreement, he said. But despite the promotion’s assertion, there was no mechanism for payments to consumers. Payments were made each year to the states and territories.

    “Everyone likes the idea of obtaining extra money,” said Morrisey. “It’s very important to ensure that promotions seeking or promising money are legitimate.”

    According to a statement issued by Morrisey, the promotion misled the consumer by talking about bond purchases backed by settlement money, rather than guidance on how to receive settlement dollars.

    ‘The end goal involves a pitch for consumers to buy a subscription to a monthly report in order to learn more,’ the statement said. ‘Subscribers are charged approximately $5 for the first month and $100 for a one-year subscription. It is difficult to cancel once an individual provides their credit card information.’

    Meanwhile, the day after Morrisey made his statement, Nevada’s Attorney General Adam Paul Laxalt issued a similar warning, telling Nevadans of a ‘recent set of deceptive advertisements related to the Tobacco Master Settlement Agreement’. ‘These advertisements mislead consumers into believing they are eligible to receive tobacco settlement money,’ he said.

    ‘The online advertisements lead consumers to believe that they can claim thousands of dollars per month from the tobacco settlement through a special program. The advertisement, which promises a tax-free portion of the Tobacco Master Settlement Agreement, misleads consumers into believing they are eligible for guaranteed money backed by the government.’

  • Acting on child labor

    Acting on child labor

    In the wake of World Day Against Child Labor on June 12, some US politicians are attempting to reintroduced the Children Don’t Belong on Tobacco Farms Act, according to a TMA report citing Congressional Documents and Publications.

    The act, if passed, would amend the Fair Labor Standards Act effectively to prohibit children under the age of 18 from working on tobacco farms.

    One of the sponsors of the bill, US Senator Dick Durbin (D-IL), was quoted as saying that it had been known for decades that tobacco companies had no qualms marketing their deadly products to minors.

    But Big Tobacco’s willingness to exploit children for profit didn’t end there, he said. Children as young as 11 or 12 had been found risking nicotine poisoning and long-term health consequences from handling tobacco plants.

    US law prohibited children under the age of 18 from buying cigarettes, but children as young as 12 were permitted to work in tobacco fields, where handling tobacco plants could lead to nicotine poisoning.

    Tobacco companies and growers’ associations in the US recently adopted voluntary standards to limit child labor in tobacco work, but this bill would codify the implicit agreement that a tobacco farm is no place for children to work.

  • Support for local leaf

    Support for local leaf

    The Indonesian government is expected to require local tobacco manufacturers to buy domestic leaf tobacco as a prerequisite for importing tobacco, according to an Antara News Agency story.

    The Trade Ministry’s Director General for International Trade Oke Nurwan said in Jakarta yesterday that the government was acting in the light of a decline in farmer selling prices on the domestic market.

    “[Importers] must use domestic tobacco, Oke said. “If they fail to buy even a single leaf of tobacco, then they cannot import.”

    The Antara story said the ministry had prepared a ministerial regulation as the legal basis for controlling the import of tobacco, and that the regulation was expected to be ‘completed’ this year.

    “We already finished it, and we will discuss it with other stakeholders,” Oke was quoted as saying.

    Meanwhile, the chairman of the Indonesian Tobacco Society Alliance Budidoyo told Antara that he welcomed the government’s plan to protect tobacco growers’ interests.

    “It is the manufacturers who know the amount of raw materials they need; thus, local tobacco should be absorbed first before they import it to cover the shortage,” Budidoyo said.

    He added that quality had become one reason for the low demand for local tobacco, but that this problem should be overcome through a ‘partnership’ between farmers and cigarette producers.

  • Myanmar plans bans

    Myanmar plans bans

    The Myanmar government is planning to ban smoking in public places in Yangon, according to a Xinhua News Agency story.

    But the project seems to be modest in its ambition. With the help of the non-profit organization, the Public Health Foundation, the government is said to be making efforts to establish 20 smoke-free zones in 20 years in the former capital.

    The story said that, for the purpose of protecting citizens, especially young people, from being impacted by smoke-related health problems, the authorities would set up smoke-free areas in sports arenas and stadiums, public parks, playgrounds, schools, universities, bus stops, cinemas, markets, hospitals and pagodas.