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FDA’s ‘Systematic Failure’ with Vaping and More! – Tobacco Harm Reduction News

FDA’s ‘Systematic Failure’ with Vaping, UK considering prescription vapor products. Legislative updates and heads up. Finland’s snus experience. Consumers left out of vaping debate and more!

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

CALL TO ACTION // National Nicotine Tax

A proposed federal tax on far safer alternatives to smoking will disproportionately impact the very communities who need more support not more stigma and financial burden. Harm Reduction should not be discouraged! Take Action!


TAKE ACTION: Stop an Excessive Federal Tax on Safer Nicotine Products

HEADS UP! // Fairfax, California

City is prohibiting vaping and smoking in private homes in residential complexes, despite lacking evidence of any health risk to bystanders from vapor. The ban will require a 2nd vote at the council’s next meeting.

READ MORE: Fairfax to expand smoking ban at residential complexes

HEADS UP! // Florida

There are zero studies that have demonstrated any real health risk from brief exposure to outdoor smoke and this bill would also prohibit outdoor vaping. Clearly, this is not about public health, so it’s just legalized harassment.

READ MORE: Push to ban smoking on Florida beaches intensifies

UPDATE // Denver, Colorado

Good news is flavor ban stalled again. Bad news is most of the Council was more concerned about preserving sales of combustible products rather than tobacco harm reduction products. Thankfully, Councilmember Kendra Black “gets it!” However, this issue is still coming back to the committee on November 17th, so keep up the pressure and let them hear from consumers!

READ MORE: Lawmakers again postpone a bill banning flavored tobacco product sales in Denver

TAKE ACTION: Denver, CO – Stop a Flavor Ban!

UPDATE // Bangor, Maine

Ignoring the facts and science, the City Council has voted 7-1 to become the first city in the state to ban flavored tobacco products–including menthol cigarettes and non-tobacco flavored vapor products–beginning June 1, 2022.

READ MORE: Bangor bans flavored tobacco products

IN THE NEWS // FDA Actions

On October 22, the Food and Drug Administration (FDA) put Fumizer’s flavored vaping products back under review—rescinding the denial it had issued in September. The reversal marks the second such rescission from the agency to date.

“A rescission in California for Fumizer is evidence of the systemic failure of the agency to ‘adequately assess’ the science and data of a wide range of small- and mid-sized applicants, while giving all of their time and attention to the large companies like Juul and Reynolds.”

READ MORE: FDA Puts A Second Vape Company Back Under Review

LAW & ORDER // Vape Justice

The 5th Circuit Court of Appeals has rejected FDA arguments for the MDO against Triton Distribution’s vapor products, opining that the order was “likely arbitrary, capricious or otherwise unlawful” and “our system does not permit agencies to act unlawfully even in pursuit of desirable ends.”

READ MORE: Judges Reject FDA’s “Surprise Switcheroo,” Issue Stay to Triton

PUBLIC HEALTH // Consumer Voices

This article exemplifies the main problem in tobacco/nicotine policy making–special interests such as the tobacco industry, convenience stores, vape and hookah shops, and tobacco control are all having their say, but where are the consumers?

READ MORE: Push to ban sale of flavored tobacco, vape juices in Denver sparks intense debate

IN THE NEWS // Exposing Media Misinformation

Rather than use an image of one of the many flavored products actually made by the company in the article, Reuters editors choose an image of a completely unrelated brand that (coincidentally?) has the word “candy” in the name.

READ MORE: Texas company can keep selling flavored e-cigs, 5th Circuit rules

COMMENTARY // World Health Organization’s War on Vaping

The tobacco policies the WHO endorses have an enormous influence on countries around the world who look to them for guidance. That, according to Harry Shapiro, the author of Fighting the Last War, is not a good thing.”
~Helen Redmond, Filter Magazine

READ MORE: Fighting the Last War: An Excoriation of the WHO and Tobacco Control

TOBACCO HARM REDUCTION // Finland and the EU Snus Ban

Smoking among Finnish men declines as low risk snus use rises, while smoking takes a slight uptick in women (who are less likely to use snus.) At the same time, Finland is part of the EU, where snus remains banned, resulting in an absurd scenario where Finnish Customs seized several thousand kilos of snus & nicotine pouches. So, while cigarettes remain perfectly legal in the EU, people wishing to use much safer nicotine products must turn to the black market.

READ MORE: Daily smoking declines, snus use on the rise

READ MORE: Customs reveal extensive snus smuggling network

PUBLIC HEALTH POLICY // A Tale of Two Countries

As US officials continue to vilify vaping, UK officials are looking for ways to get them into the hands of as many people who smoke as possible. Prescription vapes could help those of low income or are reluctant due to misinformation.

READ MORE: England could prescribe e-cigarettes on National Health Service

TAKE ACTION // CASAA State Facebook Groups

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!

Don’t forget to also follow our official Facebook page at


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.