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FDA Arbitrarily Authorizes Menthol Vaping Products and More! Tobacco Harm Reduction News

FDA arbitrarily authorizes a menthol vape, but muddles the message on reduced risk. How Supreme Court ruling on Chevron could impact vaping. Research studies show flavor bans increase smoking/cigarette sales. UK B-lister claims vaping caused his health problems and more!

Scroll to the bottom of this post for a link to the audio/video versions of this post!



H900 is now in the hands of Governor Cooper!

If enacted, this law would put independent vape shops out of business, hundreds of workers out of jobs, and thousands of people at risk of returning to smoking, or delaying attempts at quitting.

Please take a minute to send an email to the governor urging him to VETO H900!

TAKE ACTION: North Carolina: Tell Gov. Cooper to VETO H900!




Agency Arbitrarily Authorizes Menthol Vape

The FDA has finally authorized non-tobacco flavored, nicotine vaping product. Both menthol products — the pod-based Ace and the “cig-a-like” Daily — are manufactured by NJoy (purchased by tobacco giant Altria in 2023.) Hopefully, this is a sign of more to come, but we’re not holding our breath.

FDA claims this move is “data driven,” yet the agency offers no data demonstrating why these “flavored” products are “appropriate for the protection of public health” when other non-tobacco flavors are not.

FDA has previously claimed mint and menthol also “appeal to youth” and continues to ignore surveys and studies that show flavors are critical for adults who don’t want to smoke. The agency also doesn’t explain how or why, even with thousands of illicit, “kid-friendly” flavored disposables being sold, youth vaping continues to decline.


Additionally, despite FDAs recently proclaimed commitment to “timely and evidence-based public health education” about relative risk, the press release continues to muddle the message by stating the authorization “does not mean these tobacco products are safe nor are they “FDA approved.” All tobacco products are harmful and potentially addictive.” There’s no clear message of how the products “provided a benefit for adults who smoke cigarettes.”

The FDA claims to be protecting public health by authorizing 3 harm reduction brands only in cigarette flavors that can remind adults of smoking, yet between 2018 – 2022 it authorized nearly 900 deadly cigarette products.

The math isn’t mathing.

READ MORE: FDA Authorizes Marketing of Four Menthol-Flavored E-Cigarette Products After Extensive Scientific Review

No Legal Formula to Weigh Benefits vs Risks

How does the FDA weigh the benefits of adults (and teens) not smoking against the alleged risks of teens vaping? As Jacob Sullum explains:

“There is no legal formula for weighing the benefit of increased smoking cessation among adults, which entails a dramatic reduction in health hazards, against the risk of underage vaping, which entails a relatively modest increase in health hazards compared to complete nicotine abstinence.

And the FDA refuses to consider the benefit of replacing smoking with vaping among teenagers, since it deems any ENDS use by minors unacceptable, even when the long-term effect might be a reduction in tobacco-related morbidity and mortality.’

The agency is supposed to take into account ‘the risks and benefits to the population as a whole, including users and nonusers.'”

But the “FDA’s dubious understanding of its statutory mission is just part of the problem.”

A must read!


READ MORE: FDA Belatedly and Arbitrarily Approves Menthol Vapes

Working to Educate Adults?

Allegedly “working to educate adults who smoke about the relative risks of tobacco products,” but the recent announcement about authorizing just 2 menthol #vaping products tells adults who smoke that “it does not mean these tobacco products are safe” and “all tobacco products are harmful and potentially addictive.”

FDA also said “the strength of evidence of benefits to adult smokers from completely switching to a less harmful product was sufficient to outweigh the risks to youth.”

Exactly which part of those statements educates adults who smoke about the relative risks of tobacco products and convinces them of the benefits of switching?


FDA Shuts Down Small U.S. E-liquid Company

FDA continues its assault on US businesses that have attempted to follow impossible regulatory rules, effectively clearing the market of US-made products for unregulated disposable vapes that have been flooding the market from overseas.

Colorado-based Boosted LLC, which at one time employed more than a dozen people and has manufactured e-liquids for at least a decade, has been forced to shut down.

READ MORE: FDA and Justice Dept. Force Tiny Vape Manufacturer to Shut Down



UK Celeb Blames Vaping for Health Issue

It’s been widely reported that this 45 year old UK celebrity, Paul Danan, spent over 20 years smoking, excessively drinking and inhaling cocaine. According to one article, he “was told his lung age is 46” when he was just 21 years old.

To his credit, he’s now been sober for 3 years and even quit smoking by switching to e-cigarettes 3 years ago, as well! However, last month he collapsed due to respiratory failure and then contracted pneumonia while in the ICU.

Logically, the poor lung health and compromised immune system of this middle-aged man would be attributed to over 2 decades of smoking, alcoholism and inhaling drugs. So, of course he’s warning young people to avoid those things, right?

Of course not! Instead he says “it’s the vaping which has done me in” and he’s “worried about the kids today,” because “all you see is kids with vapes.” And it’s no surprise that the media is happy to run with that claim without consulting with any actual experts.‍♂️

READ MORE: BRUSH WITH DEATH Love Island legend reveals he had to be brought back to life after vape addiction caused respiratory failure



New Jersey Flavor Ban Increased Cigarette Sales

Using biweekly retailer scanner sales in NJ convenience stores for e-cigarettes, cigarettes, and cigars in the 36 weeks before and 36 weeks after a statewide ban on flavored vaping products, researchers found sales of unflavored e-cigarettes and combustible cigarettes “significantly increased.”

READ MORE: The Impact of New Jersey’s 2020 E-Cigarette Flavor Ban on E-Cigarette, Cigarette, and Cigar Sales in NJ

Vaping Less Detrimental to Periodontal Tissues

Researchers found that e-cigs “caused the least harm to these tissues” and that overall, vapers “did not show significant differences to non-smokers in many outcomes.”

That’s great news!

However, it was disappointing to see one of the study authors state that part of the popularity of smoke-free alternatives is “due to the false notion of being less harmful than traditional cigarettes.”

It’s not a “false notion.”

Even if smoke-free tobacco (they didn’t state what kind was used) had a more detrimental effect on periodontal tissues, western smoke-free tobacco still has far lower risks for deadly smoking-related diseases–including oral and lung cancers–which makes it decidedly less harmful than traditional cigarettes.

READ MORE: Among Nicotine-Containing Products, Smokeless Tobacco Harms Dental Implants The Most, Study Finds

Two Studies Find Flavor Bans Lead to More Smoking

Two separate studies from the National Bureau of Economic Research support the findings from earlier studies that banning flavors in nicotine vapor products can lead to more smoking in youth and young adults.

These studies should serve as a wakeup call for those public health officials who are seriously interested in improving public health rather than simply waging a crusade against Big Tobacco.

READ MORE: The Dangers of Public Health Zealotry

Vaping As Effective as Chantix

A study conducted in Finland by researchers at Lapland Central Hospital found that e-cigarettes were about as effective at helping people who wanted to quit smoking as varenicline (Chantix).

While some limitations were mentioned about vaping long-term, one major advantage of e-cigarettes over varenicline wasn’t mentioned:

Someone who has no intention of quitting smoking never picks up varenicline at the convenience store just to give it a try and then “accidentally” quits smoking.



SCOTUS Overturns Chevron Ruling

“Critics have long complained that Chevron deference allowed bureaucrats to usurp a judicial function and systematically disadvantaged “the little guy” in disputes with an overweening administrative state. The Supreme Court endorsed that critique by a 6–3 vote today.”

~ Jacob Sullum


READ MORE: SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority

How Chevron Decision Could Impact Vaping

“Today’s decision could affect current and future legal challenges to the FDA’s interpretation of the 2009 Family Smoking Prevention and Tobacco Control Act (TCA), which granted the agency broad powers to regulate nicotine and tobacco products. The TCA did not specifically make reference to vaping products, which had not reached the U.S. market when the law was being crafted.”

The FDA, however, used a provision in the TCA to issue its 2016 Deeming Rule, which granted the agency regulatory authority over vapes”

~ CASAA Director Jim McDonald (@whycherrywhy) reporting for Vaping360

READ MORE: Supreme Court Chevron Ruling Could Impact FDA Vaping Rules


Complete Tobacco Control Delusion in Canada

Physicians for a Smoke-Free Canada wants governments to take over the cigarette industry and run it as a non-profit, with its own disappearance as a planned goal.

Essentially, the plan is to:

– Have the government sell cigarettes as a non-profit and hope the politicians and bureaucrats don’t get greedy (have they seen what happened in China?)

  • Hope no teens start smoking
  • Hope everyone who currently smokes quits (even though Canadian policies have been increasingly hostile towards low-risk alternatives to smoking)
  • Hope those who don’t quit just die (quit or die has long been their preferred policy)
  • Hope criminals don’t see the opportunity to make billions off of black market cigarettes
  • Hope the mostly poor people who smoke won’t get poorer from excessive cigarette taxes
  • Hope that the public doesn’t figure out that this is the worst…idea…ever.



On Saturday, June 15th we had a full day (12 hours!) of engaging conversations with notable guests, including our friends Clive Bates, Annie Kleykamp, Colin Mendelsohn, Jim McDonald, Greg Conley, Matt Culley, Allison Boughner, Lindsey Stroud, Charles Gardner, Skip Murray, and Joe Gitchell!

CASAA is currently facing significant funding challenges that may force us to cut back to only the most essential activities. Without enough monthly commitments from our members, CASAA’s ability to effectively represent and connect consumers with lawmakers will be severely impacted. This fundraiser is vital to maintaining our operations and keeping your voices heard by officials!

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Have you joined your CASAA State Facebook group yet? Check it out now! Click the link below, click on your state on the map, then click the “Join Now” button to go to your state’s group page. It’s as easy as that to stay updated on local happenings, meet local advocates and never miss a Call to Action in your state!

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CASAA STORE // Apparel and More

Show your support by shopping our store! Our president (and brilliant website/swag designer) Danielle has added some awesome new designs to CASAA’s apparel shop!

VISIT: CASAA Apparel and Swag Store

CASAA MEDIA // Spotify

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CASAA MEDIA // Podcast

Catch up on past tobacco harm reduction news with Alex and Logan on the CASAA podcasts on SoundCloud every Monday and now live on YouTube and Facebook every Saturday at 3:30 PM.