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Limited State Registries Will Negatively Impact Consumers of Nicotine Products 

WASHINGTON, D.C. – In the first few months of 2024, more than a dozen bills have been introduced in US states calling for a state-based Premarket Tobacco Product Application (PMTA) registry for alternative nicotine products such as vaping devices, heaters, and nicotine pouches.

Although this type of legislation has already been passed in Oklahoma, Louisiana, and Alabama, it’s crucial that other states recognize the unintended consequences and course-correct before it is too late.

ELIZABETH HICKS, US Affairs Analyst at Consumer Choice Center, responded, “While the intention behind these bills is to manage consumer access to unregulated nicotine products on the illicit market, the reality is that the FDA is not approving enough new devices and products to create a competitive, regulated marketplace that meets consumer demand.”

While 26 million nicotine alternative products submitted PMTAs to the FDA, only 23 have been approved. Of those 23 approved products, 12 are simply tobacco-flavored e-liquid refills.

“The FDA is hiding the ball here on product approvals and how few new products are actually coming to market. If the goal is to improve public health across the country, then consumers deserve to choose from a variety of different nicotine alternatives,” added Hicks.

“The FDA’s flawed PMTA process needs reform. Instead of restricting consumer access to products that have been demonstrated to be 95 percent less harmful than combustible tobacco, state legislatures should refrain from adding to counterproductive federal policies and advance tobacco harm reduction through a competitive marketplace,” she concluded.

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The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Washington, D.C., Ottawa, Brussels, Geneva, and other hotspots of regulation and inform and activate consumers to fight for  Consumer Choice. Learn more at consumerchoicecenter.org

Checking in on Michael Bloomberg’s multi-million dollar global crusade against harm reduction

For years, we’ve covered the extent of former New York City mayor Michael Bloomberg’s multi-million dollar campaigns to try to shape the lives of ordinary consumers.

What began as an erstwhile nanny state campaign on Big Gulps in New York City has ballooned into a massively funded operation that uses grants and NGO funding on many tobacco issues, mostly on outlawing nicotine alternatives like vaping products.

In 2019, Bloomberg pledged $160 million to get US states and localities to ban flavored vaping products, mostly funneled to anti-tobacco groups who’ve pivoted from “stop smoking” campaigns to “stop consuming nicotine in all forms.”

Those efforts quickly scaled to the level of the World Health Organization, including funding US anti-tobacco groups in the millions to even go so far to completely outlaw nicotine alternatives in developing countries across Latin America, Asia, and more. While nations on these continents typically have larger smoking populations than in the US and Europe, they have thus far been deprived of the life-saving nicotine alternatives that would serve as a less harmful switch away from smoking.

In the name of “halting tobacco,” Bloomberg and the organizations he funds have actively sought to poison the well of tobacco harm reduction by miscasting vaping products as “just as bad” as combustible tobacco. Even though health agencies in nations such as the United Kingdom, New Zealand, and even Canada actively recommend vaping products to get smokers to quit, this option is kept off the table in developing nations where Bloomberg has influence.

In February of this year, Bloomberg’s commitment to severely restrict harm reduction increased significantly to nearly $420 million, hoping to drive a larger global campaign in 110 countries around the world to cut off citizens from nicotine alternatives that are less harmful.

Over $280 million of that money will focus on developing countries, offering grants to political groups, health agencies, and politicians to implement a zero-tolerance nicotine agenda.

The issue with Bloomberg’s approach, and by extension the dozens of health and anti-tobacco groups he funds, is their denial of the real scientific evidence on tobacco harm reduction.

Rather than endorse the market-derived alternatives that have been successful in getting adult smokers to quit – much more effectively than government education programs – they have created a false equivalence between the vape and the cigarette.

That not only harms public health, but continues to fester a narrative of misinformation that has captured many public health researchers and government agencies. We know this all too well from our cross-national survey of health practitioners in Europe, in which many doctors were simply unaware of the growing category of less harmful nicotine alternatives like vaping, heat-not-burn sticks, nicotine pouches, and more.

As Bloomberg continues his global crusade against harm reduction, and many groups pick up his baton to carry out policies to deny safer options to smokers who need them in developing countries, researchers and activists must continue to underscore the need for options and consumer choice when it comes to nicotine alternatives.

Consumers, political leaders, and community activists must uphold the both scientific and anecdotal evidence provided by the consumer-led revolution in harm reduction. Only then can we continue to save lives, influence better policy, and ensure a generation of people who will have more options to live their lives, not less.

Congress wants to sneak in an effective ban on synthetic nicotine vaping that would harm consumers

WASHINGTON, D.C. – This week, it was revealed that several congressmen and US senators have added a provision in the upcoming emergency government funding bill that would relegate tobacco-free synthetic nicotine to the regulatory authority of the Food and Drug Administration and its premarket tobacco application process.

This would give vaping firms less than two months to file a lengthy and convoluted Premarket Tobacco Application (PMTA), which will ultimately lead to most small vaping firms and shops going out of business.

Yaël Ossowski, deputy director of the Consumer Choice Center, said this will actively harm adults who want to quit smoking.

“The byzantine process of asking permission to sell harm reducing vaping products in the 21st century is asinine in itself. But using sleight of hand during an emergency government funding bill to castigate millions of vapers and the entrepreneurs who make and sell the products they rely on is the definition of active harm,” said Ossowski.

“Only the largest and most powerful vaping and tobacco companies can afford the lawyers and the time necessary to complete the paperwork necessary to pass the FDA’s process, meaning thousands of hard-working American business owners will now be forced to close, depriving millions of adult consumers of harm reducing options. Many will be forced back to cigarettes.

“Synthetic nicotine is an innovative method of providing nicotine independent of tobacco, and millions of American adults now use these products as a less harmful method of consuming nicotine. A back door bureaucratic power move like this represents a sledgehammer to the men and women of our country who have sought out vaping devices to kick their cigarette habit,” added Ossowski.

“The method of fattening up continuing resolution bills with laws that benefit special interests, without broader democratic debate or analysis of the costs and benefits, is shameful in our modern American Republic.

“We hope our elected representatives reject this particular provision on synthetic nicotine and go back to the drawing board to offer a more permanent, sane, and smart policy on the next generation of vaping products,” said Ossowski.

Vaping is a more effective smoke reduction tool than government policies

Middle schoolers, high schoolers, and university students have increased their use of e-cigarettes, despite rising public concern. While underage nicotine consumption and smoking-related lung disease deaths are a real problem, legal vaping products, and accurate consumer information can combat instead of worsen these effects. We should welcome the presence of alternatives to tobacco, and endorse safe, and legal options.

At the beginning, there were the strange cigarette look-alikes that light up as you took a drag. Now, the e-cigarette market has expanded to include safer alternatives, ranging from popular Juul products to vapes the size of a pistol grip. In Europe, the so-called “heat-not-burn” also constitutes a new type of vape, by heating up the tobacco instead of burning it, thus avoiding the more unhealthy effects of tobacco combustion. The idea that these alternatives are a good thing will raise eyebrows for many, and rightfully so. If you’ve followed the health scare surrounding vaping, you’d think that the mere thought of encouraging e-cigarettes is problematic.

While no potentially harmful product should ever be encouraged, we should recognize its harm-reducing effects. The UK’s Department of Health and Social Care, Public Health England, assessed in 2015–confirmed since then–that vaping is at least 95% less harmful than smoking conventional cigarettes. Between 2011 and 2017, the number of smokers in the UK fell from 19.8% to 14.9%. At the same time, the number of e-cigarette users rose: almost half of these consumers use e-cigarettes as a means of quitting smoking. The UK is an example that shows how a permissive vaping policy is better at helping those who want to quit smoking.

On the other hand, the US Food and Drug Administration, as well as most European nations, have released serious public health warnings regarding vaping. A recent spike in vaping-related lung illnesses has made officials afraid of the rise of e-cigarettes. Symptoms of those affected by recent illnesses include trouble breathing, chest pain, fatigue, and vomiting. About half the patients are teenagers or young adults.

Here is where giving the full picture is important.

The two main ingredients used in vape liquids, propylene glycol (PG) and vegetable glycerin (VG), are used to form their vapor and add flavor. Added to these two ingredients is a third, usually a common food flavoring found in cakes, oils, and other food items. All of these compounds are common food ingredients that are deemed healthy and safe by regulatory bodies including the FDA. Other variable ingredients include the stimulant alkaloid nicotine. Although not all vape liquids contain nicotine, the addictive chemical is the main draw for smokers that want to quit smoking. Compared to other alternatives, like the Nicotine Replacement Therapy patches and drugs, vaping has been found to be more effective.

On Dec. 6, the Center for Disease Control (CDC) released a report which uncovered that none of the patients affected in recent cases had used conventional nicotine vapes. Most of the affected consumers had used black-market THC products—many in states that have not legalized marijuana. In most of these terrible cases of vaping-related lung disease, Vitamin E has been found in these moonshine liquids. Vitamin E is very harmful when inhaled.

In Europe, more countries are approaching the issue from a different direction. Portugal’s Directorate-General for Health released a statement saying users should refrain from modifying their e-cigarette liquids or add any substances that aren’t legally marketed and labeled. That is certainly a more consumer information-based approach than the state of Michigan, which decided to ban flavored vaping outright (at least as a temporary measure).

If we want to combat deaths arising from black market products, we have to embrace safe legal products. A legal and regulated market is the best method for rooting out bad products and actors. A ban on flavored liquids will only drive those who wish to use flavored vaping products to the black market, or back to cigarettes. Recent studies have shown that if vaping products are outlawed, current vapors are more likely to return to smoking. That would be very consequential for public health.

A lot of myth-busting needs to be done on the issue of e-cigarettes. More than that, however, let’s just consider what harm-reducing products have actually done. The government has tried for decades to get people to stop smoking. In order to do that, it has utilized paternalistic policies, like taxation, restrictions on packaging and sales, which have all been shown to be ineffective. All reduction in cigarette sales has been offset by a spike in black market sales. In this shadow economy, consumers are being misled, and people get hurt.

We need to encourage the marketing and branding of safe and legal vaping products. Consumer information is necessary in order to crowd out dangerous black market products.

Vaping has achieved what decades of government policies couldn’t–gave consumers a viable alternative. This type of innovation should be celebrated, not reprimanded.

Originally published here.


The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at 
consumerchoicecenter.org

Trump Administration Takes Aim at E-Cigarettes

Yaël Ossowski, deputy director of the Consumer Choice Center, said the Trump administration needs to follow the facts.

“The fact is that the technological revolution that is happening today with vaping is giving people a less harmful alternative to consume nicotine, the stimulant alkaloid that smokers are actually addicted to. That’s something to celebrate,” Ossowski said.

“Trump needs to know that, as well as the fact that adult smokers are switching en masse to these new reduced-risk products and they’ve been proven to be 95 percent less harmful than traditional cigarettes. These individuals switch in part due to vaping flavors, and that should be kept in mind. That said, no one wants teens to be vaping, and we should make sure of that,” he said, adding “there is more we can do to stop youth vaping, but we must preserve this technology as a tool for adults to consume their nicotine in a less harmful fashion.”

Read more here

A pod vape ban would only serve to harm consumers

CONTACT:Yaël OssowskiDeputy DirectorConsumer Choice Centeryael@consumerchoicecenter.org An FDA pod vape ban would only serve to harm consumers Washington, D.C.: In comments at the Brookings Institution this week, outgoing FDA chief Scott Gottlieb suggested the agency may take pod-based nicotine products off the shelves in order to combat teen vaping. Yaël Ossowski, Deputy Director of the Consumer Choice Center […]

Vapor Companies Respond To FDA Warning Letters

BREAZY: One of the most straightforward responses from vapor companies came from Consumer Choice Center, whose senior fellow, Jeff Stier, applauded the FDA’s efforts. He also said that responsible regulation is possible while still offering adult consumers an alternative to cigarettes that significantly reduces the harm from smoking. “We applaud FDA for cracking down on online and […]

Letter to the Utah House Revenue and Taxation Committee on HB 88

Dear Chairman Eliason and members of the House Revenue and Taxation Committee, I received thoughtful feedback from many of you after I wrote to you last month to share my concerns that H.B. 88 (Electronic Cigarette and Other Nicotine Product Amendments) would harm Utah consumers (especially the most vulnerable), local businesses, and provide no countervailing benefit to […]

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