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Vaping Wins Second Chance in Court and More! Tobacco Harm Reduction News

Company that manufactures vaping liquids wins a second chance in court — and FDA gets scathing court opinion. As Columbus flavor ban kicks in, Ohio lawmakers attempt to stop such laws. Oregon court blocks Multnomah County flavor ban. Stanton Glanz is up to his usual trickery. Wisconsin public health twists good news into bad. University of Louisville Study claims some nicotine in vapes isn’t less harmful than smoking. 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 // Stop A Federal Tax!

Comparing “oranges to oranges” (in this case milligrams of nicotine in vapes vs cigarettes,) if HR 5715 is enacted, vapes would be taxed at a rate approximately 5X higher than cigarettes! Vaping consumers will be paying up to 6¢/mg of nicotine compared to 1.1¢/mg in cigarettes.

The tax hike is just as bad, if not worse, for nicotine pouches, snus, and moist snuff — all reduced risk products compared to cigarettes!

TAKE ACTION: Fight a National Vapor Tax!

CALL TO ACTION // Pennsylvania: Stop a Flavor Ban!

HB 1161 would ban tobacco and nicotine products in any flavor other than tobacco.

TAKE ACTION: Pennsylvania: Fight a Flavor Ban!

CALL TO ACTION | Michigan: Stop a Slew of Anti-Vaping Laws

STOP an onslaught of anti-vaping bills!

Lawmakers in Michigan are once again throwing everything and the kitchen sink into a raft of anti-vaping bills aiming to reduce everyone’s access to these life-saving products! These bills include everything from a flavor ban and tax hikes to repealing state preemption of local tobacco retailer laws.

TAKE ACTION: Michigan: Stop a Slew of Anti-Vaping Laws


Fifth Circuit Court Rips FDA, Grants Triton Appeal

The US Court of Appeals for the Fifth Circuit majority has ruled the FDA acted “arbitrarily and capriciously,” sending manufacturers “on a wild goose chase,” telling them what would be needed for approval and then denying all applications.

CASAA director Jim McDonald reporting for Vaping360.

READ MORE: Fifth Circuit Court Rips FDA, Grants Triton Appeal

Take the 2023 ECigIntellignce Adult Vaper Survey

CASAA assists ECigIntelligence with their annual U.S. survey of adults who vape by helping develop survey questions that aid vaping advocacy efforts. As we do every year, CASAA is asking our members to participate in this year’s survey!

Please click here: Take the 2023 ECigIntelligence Adult Vapers Survey


Columbus Tobacco Store Expects 65% Loss in Business Because of City’s Flavored Tobacco Ban

City lawmakers said they banned flavors because they feel it targets minorities and children. Moe Ismail, the manager of a local vape store, said children shouldn’t even be considered in the conversation. “That’s irrelevant to us. 21 is the guideline for federal reasons and we ID people off the front.”

READ MORE: Columbus tobacco store expects 65% loss in business because of city’s flavored tobacco ban


Ohio Lawmakers Override Gubernatorial Veto In Order To Block Flavor Bans

Approval of the veto override in the Ohio Senate would prevent the favor ban enacted in Columbus from taking effect. It would also end ongoing efforts to impose a flavor ban in Cleveland and other localities.

“They are deciding winners and losers based on a business address and with no regard for how prohibition-based policies like local flavor bans can impact businesses and move products into illicit channels and online sources. The responsible licensed, regulated and taxpaying brick and mortar businesses in communities suffer while criminal enterprises that don’t care about age verification and online vendors who are already selling illegal vapes to minors thrive.” ~ Beth Wymer

READ MORE: wmakers Override Gubernatorial Veto In Order To Block Flavor Bans


Oregon Court of Appeals Blocks Multnomah County Jan. 1 Ban on Flavored Tobacco Products

The court issued a stay on Dec. 29th pausing enforcement of the ban, pending ongoing litigation. The court’s order cited concerns from tobacco and vaping interests that the ban would force businesses to permanently close if the court did not step in.

READ MORE: Oregon Court of Appeals blocks Multnomah County Jan. 1 ban on flavored tobacco products


Stanton Glantz Up to Usual Trickery

He’s being deceptive by stipulating “after ecigs widely used.” By 2015 (when Juul became popular,) the high school smoking rate was already at a record low of 9.3%. Declines are expected to slow the closer they get to zero because those would be the least likely to quit.

Although a slower decline would be expected, looking at the past 30 years it’s clear that the decline accelerated in the past decade as vaping increased.

His “3x more likely to start smoking” comment ignores common liability AND the fact that smoking rates have reached a record low.


Wisconsin Public Health Twists Good News to Sound Bad

It’s no surprise there would be more “underage” sales when you suddenly make thousands of adults “underage.”

The rest of this article is typical alarmism — including making the “gateway” claim despite the fact that teen smoking in Wisconsin is down to 1.8%.

The article source for the numbers is from this infographic (above,) which also claims 10.5% vaping (2022) means “nearly a decade of lost progress” compared to 10.7% smoking (2014.)

However, youth smoking in Wisconsin is down 8.9 percentage points since 2014 while vaping is up only 2.6 points, meaning there actually was progress with a 6.3 point decline over that period. Their own chart shows vaping dropped by nearly 50% since 2018!

READ MORE: Vaping down among Wisconsin teens, but underage sales rise under new law


Vapers Hoarding Products Ahead of Netherlands Flavor Ban

It’s insane that vapers in the Netherlands have to resort to “hoarding” because of a ban on low risk alternatives to smoking. Of course, if they wanted to buy deadly cigarettes, that’s not a problem.

READ MORE: Vapers Hoarding Ahead of Flavor Ban


Brown University Researchers Underline Importance of Scientific Evidence in Addressing Smoking-related Issues

Do we stand on a self-proclaimed moral high ground and undermine the tools that can help or do we genuinely commit to saving and enhancing lives? We practice harm reduction with methadone, seatbelts, helmets, speed limits, condoms, alcohol – why should tobacco be any different?”

~ Dr. Jasjit S. Ahluwalia

READ MORE: Up in Smoke


University of Louisville Study Claims Nicotine in Some e-Cigarettes Isn’t Less Harmful

First of all, vaping is less harmful because it eliminates where 99.9% of the harm comes from: smoke. No one has been claiming that it’s the nicotine that makes vaping safer because nicotine risks are already so low.

Second, they exposed tiny mice to three 9-minute puff sessions. It’s unlikely that a human would have that kind of exposure in a short period.

Finally, humans in the real world have been vaping nicotine salts for years without increased reports of arrhythmias. Many animal studies (especially those exposed to unrealistic doses) don’t translate to real world data for humans.

READ MORE: UofL study disputes claim that nicotine in some e-cigarettes is less harmful


Lindsey Stroud, author, Director of the Taxpayers Protection Alliance Consumer Center and Visiting Fellow at the Independent Women’s Forum, joins CASAA CEO Alex Clark and CASAA Member Coordinator Kristin Noll-Marsh for Part 2 of a two-part series breaking down vaping by the numbers! In this episode, she counters claims that more youth vape than adults, that vaping doesn’t help adults quit smoking and that flavor bans are good for public health.

Catch the next show LIVE Saturday, January 13, 2024 at 4:30PM ET/3:30PM CT!

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 // 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 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.