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FDA’s War on Vaping Takes Some Hits and More! Tobacco Harm Reduction News

FDA’s war on vaping takes some hits. Study finds vaping not a gateway to smoking. Idaho’s deadly anti-vaping campaign. Unsurprising illicit market in CA after flavor ban. Truth Initiative changes its mission. Calls to Action and more!

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

CALL TO ACTION // Oregon Flavor Ban

HB 3090 has been scheduled for a HEARING before the House Committee on Behavioral Health and Health Care on MARCH 21st at 5 PM.

TAKE ACTION NOW and then follow this CTA for more updates!

TAKE ACTION: Stop the Oregon Flavor Ban

CALL TO ACTION // New York Flavor Ban

Governor Kathy Hochuk is proposing to ban flavors even for the few, far safer tobacco and nicotine alternatives to smoking that are still legally available for sale in NY. This isn’t just a ban on menthol cigarettes! She’s also proposing another tax hike!

TAKE ACTION: New York – Stop a Flavor Ban!

CALL TO ACTION // Minnesota Flavor Ban

SF2123 was ultimately passed and referred to the Senate State and Local Government and Veterans Committee. The House companion bill, HF 2177 (Rep. Ethan Cha, DFL-Woodbury) has yet to be scheduled for a hearing.

TAKE ACTION: Minnesota – Stop a Flavor Ban!

CALL TO ACTION // Nebraska Vapor Tax

LB 584, a 5c/mL tax on e-liquid scheduled for a hearing on Tuesday, was pulled from the agenda, potentially for changes that may include a 20% wholesale tax which could mean a price increase from the original 5c/mL.

TAKE ACTION: Nebraska – Stop a Vapor Tax


HEADS UP! // Vermont Flavor Ban
S.18 would deny thousands of adults access to the non-tobacco flavors that help them abstain from smoking. The bill has passed in the Senate and moves next for consideration in the House. Studies show non-tobacco flavors are preferred even by adults who smoke. Watch for a CASAA Call to Action next week!
HEADS UP! // Illinois Public Vaping Ban

If you’re trying to reduce smoking harms, you don’t lie (ie. claiming vaping is a risk to bystanders) to take away important incentives for people who smoke to switch to far safer alternatives. Businesses should be able to choose!

READ MORE: Lawmaker Pushes to Ban Vaping Indoors


SB 259 would have required low risk, smoke-free alternatives to be flavored like “tobacco,” prohibiting even FDA-authorized flavors. A Finance Committee hearing was held on February 16, but it failed to be voted on before the crossover deadline to send the bill to the House.


The ill-advised flavor ban has been officially scrapped (for now) in favor of increasing MSA funds going to smoking cessation/prevention, and a working group to evaluate taxes, licensing fees and enforcement penalties.

READ MORE: Flavored Nicotine Ban Stalls in Public Health

HAWAI’I CALL TO ACTION // Flavor Ban Update

The Hawai’i flavor ban–based on lies such as “vaping is a gateway to smoking” and “youth vape for flavors,” while implying adults would be happy with “flavorless vapes”–appears to be dead in the water.

READ MOREHawaii bill to ban flavored tobacco products goes up in smoke

FDA // Fifth Circuit Court Ruling

The “unanimous ruling by a three-judge panel of the Fifth Circuit included pointed criticism of the FDA Center for Tobacco Products for the CTP’s unannounced policy shifts regarding flavored vaping products and marketing plans intended to reduce youth use.”

The Fifth Circuit panel found that Reynolds “easily met its burden,” and is likely to prevail on the merits of the case.”

READ MORE: Fifth Circuit Slams FDA, Stays Vuse Vibe Menthol Denial

FDA // Committee to Probe Agency Failure

House Committee on Oversight and Accountability Chairman James Comer (R-Ky.) is conducting oversight of the Food and Drug Administration’s (FDA) regulation of tobacco and nicotine products through its Center for Tobacco Products (CTP). The CTP has failed to effectively define and administer its tobacco and nicotine regulatory programs, resulting in industry uncertainty and unsafe products reaching the marketplace.

“We have deep concerns that CTP’s decisions have been influenced by political concerns rather than scientific evidence.”

READ MORE: Comer Probes FDA’s Tobacco and Nicotine Regulatory Programs Riddled with Uncertainty

FDA // Mission: Impossible

But to receive that FDA order to sell tobacco or nicotine products [even those in a class of products that have been scientifically proven to be far safer than smoking,] you must prove something no other US product is required to prove: that your product won’t appeal to minors (who can’t even legally buy it) and that it is “appropriate for the protection of public health.” Essentially, you must prove that your product is safe and protective even for people who will never use or aren’t even allowed to use your product.

To legally keep selling your deadly old cigarettes in the US? No marketing order is needed. Just keep selling them like you always have.

RESEARCH // No ‘Gateway’ Effect

“The analysis…clearly points to very few youths reporting continued cigarette smoking regardless of baseline e-cigarette use. Collectively, concerns about a gateway effect and a potential increase in youth cigarette use…are not supported by the data.”

READ MORE: e-Cigarette and Cigarette Use Among Youth: Gateway or Common Liability?

CASAA IN ACTION // Martin Cullip on CASAA Live

Guest Martin Cullip (@NannyFreeState) explains what the WHO FCTC COP10 would like to do with vaping and other Tobacco harm Reduction products.

If you missed the last CASAA Live show, catch the replay now!

Watch Full Episode: CASAA Live | COP10 & The Future of Vaping with Martin Cullip

IN THE MEDIA // Doctor Doesn’t Know Nicotine

Is Dr. Owens absolutely certain that “nicotine itself is the problem?”

Because there was a LARGE retrospective study of surgical patients in 2019 that demonstrated NRT use (ie. smoke-free nicotine) was NOT associated with adverse outcomes after surgery:

READ MORE: The Association of Nicotine Replacement Therapy With Outcomes Among Smokers Hospitalized for a Major Surgical Procedure

IN THE MEDIA // Another Misleading Headline

Typical Alarmist Headline:

“E-cigarette Flavors are Associated with Lower Odds of Quitting”

Actual Study Funding:

“Overall, there was inconclusive evidence about the role of flavored ENDS use and smoking cessation outcomes”

READ STUDY: The role of flavored electronic nicotine delivery systems in smoking cessation: A systematic review

READ MORE: E-cigarette flavors are associated with lower odds of quitting

TOBACCO CONTROL // Hiding The Truth In Numbers

Did you know that 2.8 million FEWER kids are vaping today than in 2019?

Did you also know that 3.1 million FEWER kids use any type of tobacco/nicotine product than in 2019?

Did you know that the 1 million kids who STILL SMOKE aren’t smoking cigarettes in “kid-friendly” flavors, because those were banned in 2009?

COMMENTARY // Public Health Caught Lying About Vaping

Idaho PBS and state health officials LIE to the public, including telling them smoking is not more harmful than vaping. This violates the public health code of ethics and (unlike nicotine vaping) is actually killing people.

Rather than calling this a public “education” campaign, Idaho Public Television should more accurately call this a public “miseducation” campaign.

First, it is simply not true that vaping is no safer than smoking. There are a multitude of studies showing that vaping is much safer than smoking. I won’t repeat all the evidence here but it can be found throughout my blog. Even scientists who are profoundly anti-vaping admit that vaping is much safer than smoking.” 

~ Dr. Michael Siegel.

READ MORE: Idaho Public Television and State Health Officials Lie to the Public by Telling them Smoking is Not More Harmful than Vaping

TOBACCO CONTROL // Truth Initiative Should Stay in Its Lane

In 2019, Truth’s stated mission was to prevent YOUTH TOBACCO use, but now it has added “nicotine dependence” to that mission. However, there’s no evidence that ADULT nicotine dependence (absent smoking) is any more harmful than caffeine dependence.

Why is youth-oriented Truth suddenly concerned about ADULT women vaping?

Remember, in 2015 (when these ads came out) 13.6% of adult WOMEN still SMOKED. Companies were prohibited from telling the truth about LOWER RISKS and vaping is still considered “less cool” than smoking.

These also weren’t “Big Tobacco” ads. They were small start-ups competing AGAINST popular Big Tobacco cigarettes. If you can’t truthfully tell adults that your product is far safer than smoking, what are your only other marketing options other than suggesting it’s “cooler?”

LEGISLATION // An Unsurprising Result of Prohibition

A reporter asked, “Where do teens usually buy e-cigarettes around here?”

One CA teen said, “There’s stores in the city that sell it underground, they will just sell it out of their trunks.”

Is anyone truly surprised by this post-prohibition development?

READ MORE: California flavored tobacco ban loophole may be putting teens, youths at risk

TESTIMONIAL // Anecdote # 13,512

Mr. Miller switched to vaping and saw his health improve dramatically. He no longer suffers from COPD and his doctors told him they can’t even tell he ever smoked!

What’s YOUR real story? Submit your testimonial today!


SUBMIT YOUR STORY: CASAA Testimonial Project

CASAA MEDIA // Spotify

CASAA’s podcast is on Spotify! Please give us a follow here:

CASAA IN ACTION // Twitter Spaces

The week we recap the Reagan-Udall sessions with Amanda Wheeler, Tim Andrews and CASAA CEO Alex Clark, who all presented to the panel about FDA’s issues regulating reduced-harm products. What grade would you give FDA? Also available on CASAA’s Spotify channel (above.)


CASAA Live is on alternating Saturdays at 4:30 PM ET/3:30 PM CT/2:30 PM MT/1:30 PM PT on Facebook, YouTube and Twitter!

If you missed the last CASAA Live episode you can catch up NOW before the next show!

On this past week’s episode, special guest Martin Cullip–Tobacco Harm Reduction author and international fellow of the Taxpayers Protection Alliance’s Consumer Center–spoke to to CASAA CEO Alex Clark and VP Logan Evans about FCTC COP10: What it is, how it affects tobacco control policies around the world, and how you can get involved!


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 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 // 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.