Thinking 'bout THR News & Views
December 2-6, 2024
All eyes turn to the courts.
There is no commentary this time; we’re jumping right into litigation.
SCOTUS oral arguments:
Supreme Court Justices Grill FDA, Vape Companies in Triton Case. “Presumably, you put [nicotine] in to addict adults and children,” said Justice Sotomayor… “One hopes for the justices to find the system is broken, but that doesn’t seem likely,” observed a leading advocate.” (Quoting the tweet from Filter.)
FDA battles vaping industry at the Supreme Court. “There's a concern that the FDA has kind of been operating in an ad hoc, unfair manner in the way it's been evaluating all these applications for what are literally millions of vaping products," says law professor Jonathan Adler, who has written extensively about this subject.” (NPR)
Supreme Court hears fight over FDA's refusal to approve flavored vapes. “The companies, which face potential civil and criminal penalties for marketing products without approval, say the FDA got it wrong, arguing that flavored vapes can be used to help people stop smoking.” (NBC)
US Supreme Court wrestles with FDA denial of flavored vape products. “Liberal Justice Elena Kagan told Eric Heyer, the lawyer arguing for the e-cigarette companies, that the FDA had been "completely upfront" about its regulatory approach.” (Reuters)
Trump’s Plans To Decimate Regulation Hang Over Supreme Court’s Vaping Arguments. “The shift in power may render ephemeral what sounded like a likely Biden administration win. The justices seemed skeptical, nearly across the board, that the agency had misled the vape company by requiring that it show that the harms outweigh the risks.” (TPM)
There are many more. Here are some headlines (I’m over trying to read all of them to find a quote!).
SCOTUS Skeptical of an FDA Acting Arbitrarily Against Vape Products. (CCC)
Supreme Court weighs FDA block on kid-friendly flavored vapes. (ABC)
The Supreme Court seems likely to reverse a ridiculous decision about vaping. (VOX)
Supreme Court Hears Case on Flavored Vapes Popular With Teenagers. (NYT)
Oh my gosh! This is getting a lot of coverage. None of these look like anything that would positively influence the public’s perception of vaping. (See me give up on reading depressing news…)
More on SCOTUS:
Missed it? You can listen to the replay here or read the transcript here.
Recap on X with Jim McCarthy and Jeff Stier.
Threads of live tweets: Lindsey Stroud and AVM.
Other cases:
Two vape retailers sued RI in federal court to block a new law and claim it will force closure. “The lawsuit argues, in part, that the new regulations will adversely impact public health and is de facto “irrational” as it will result in more people smoking cigarettes.”
US Supreme Court rejects tobacco firms' appeal over graphic warnings. “The justices turned away an appeal by RJ Reynolds and other tobacco companies of a lower court's ruling that found that a set of health warnings required by the U.S. Food and Drug Administration did not violate the rights of the companies under the U.S. Constitution's First Amendment. The action by the justices means the lower court's ruling stands.”
ZYN-owner, Philip Morris International faces monopolization lawsuit. “The consumer lawsuit seeks class action status for ZYN consumers and damages of more than $5 million while also asking the Court to force PMI to divest Swedish Match.”
Until next time…
PS: I had scheduled the next News & Views to go out on Friday, but I already have so much in this one that I’m sending it today.
Music. No explanation is needed.
Who can tell me a flavor only young people like and adults hate? Is that what it means to be a “kid-friendly” flavor?
Today is Giving Tuesday. While many people associate this day with making financial donations to non-profit organizations, not everyone has money to give. But what does it mean to give? It means giving something of yourself. Give your time, hope, enthusiasm, and knowledge. Most importantly, give kindness all day long.
Prof Marewa Glover - “…People who smoked were labelled “smokers”; and that label was made into a dirty word. It was a “denormalisation” strategy aimed at encouraging dislike, even hatred, towards these “recalcitrant” people so they would be discriminated against, cast out and marginalised. The flawed theory was that the more miserable they could be made to feel, the more likely they would be to quit smoking. Many people I’ve interviewed over the last few decades said they felt like they were treated like lepers…”
Jeffrey Weiss - “Last year, the journal “Tobacco Control” published an editorial introducing a new “people-first” policy that, among other things, replaces the word “smoker” with “adults who smoke” or “people who smoke.” The new policy is intended to “reduce stigma.” The editorial compares the change to those that have occurred in other areas – noting the elimination in the professional literature of labels like “alcoholic,” “drug abuser” and “addict.” … While I welcome the empathy that the change reflects in how we relate to others, I don’t believe the change goes far enough. If we really want to put “people first,” we need to do more than be polite and respectful in how we address them. In this context, to truly put “adults who smoke” first, it is also essential to be up-front and honest with them about products that have the potential to improve their health and protect them from premature death.”
Ziauddin Islam - “This is high time to work together to create a world where smokers have access to safer alternatives and where evidence-based policies drive public health decisions. The lives of millions of smokers depend on it.”
Dr. Derek Yach | Did Trump Change the Game for Tobacco Harm Reduction?
GFN Insights #2 | HARM REDUCTION IN ACTION | Featuring Adriana Curado.
PackBreakers Episode 6: The Birth of VSML With Craig Stuart.
Remember the commercial with an egg in a frying pan that said, “This is your brain on drugs?” Sometimes, I get hyper-focused on something and collect a ton of information on a topic. I like to call it, “This is Skip’s brain on Google.” It is when my autism and ADHD are in harmony with each other instead of opposing each other. It is my happy place. I spend countless hours looking for information and reading what I find. Because I shared Marewa and Jeffrey’s thoughts on “smoker” in the social media section above, I thought I’d share my notes on person-first language, “smoker,” and stigma with you. It is on my list to learn how to write something where I encourage the end of calling people “smokers.” But first, I must know what style to use and how to write it. And then, I have to find the time to start and complete such a project. I’m good at starting things but not so good at seeing them across the finish line!
Circling the drain: now Prague joins Rome and Bucharest in opposing EU public vaping ban. “We believe that policies that aim to protect public health should be rational, realistic and based on prevention and harm reduction”
Harry’s blog 124: Giving a voice to the voiceless. “…Consumers are shut out of the international debate and denied a seat at the table while their lived experiences are ignored or dismissed as utterances in the service of Big Tobacco. The same problem is faced by experienced and credible THR researchers trying to find a home for their papers in mainstream academic journals…But more generally, the main points are that this is the first study to be conceived and led by nicotine consumers, who, in a nice touch, are given lead author status. And equally important, the first such paper to be published in one of the journals of Nature no less.”
Korea moves to restrict use of synthetic nicotine vapes. “According to ruling People Power Party Rep. Park Sung-hoon’s office, Wednesday, a report he received from the health ministry found that synthetic nicotine can cause many harmful health effects in users. Based on the results, the government is seeking to expand the legal definition of tobacco to regulate vapes using that nicotine type — a highly addictive substance some studies suggest is as addictive as heroin or cocaine.”
Labour under fire over plan to jail those advertising vapes for up to two years under new smoking crackdown. “Shadow Business Minister Greg Smith said last night: 'A potential two year prison sentence for those advertising nicotine products to adults who are seeking to make the brave leap to quitting cigarettes is wholly inappropriate. It's madness.
'Furthermore, this section of the Tobacco and Vapes Bill requires real scrutiny as we shouldn't have a situation where consumers can't see their choices or understand them if no communication about them is allowed’.”
Denver should reject a flavored tobacco ban. “Three years after the last failed attempt to ban flavored tobacco, prohibition is once again on the Denver City Council’s agenda. Even when motivated by the best intentions, the evidence shows these bans often do more harm than good.”
Kyrgyzstan to ban vapes and e-cigarettes from 2025. “The purpose of this Law is to ensure the protection of the health and well-being of citizens from the use of electronic cigarettes with nicotine-containing liquid. The law prohibits the import, circulation and use of electronic cigarettes in the territory of the Kyrgyz Republic.”
The WHO’s Missed Opportunity: A Call for a Pragmatic, Evidence-Driven Approach to Vaping. “When it comes to global public health, one of the most glaring missed opportunities in recent years is the World Health Organisation’s (WHO) stance on vaping. The WHO has consistently taken a sceptical, and at times, adversarial position on e-cigarettes, despite mounting evidence that they represent a much safer alternative to smoking. As smoking-related diseases continue to claim millions of lives worldwide, vaping has emerged as a potential harm-reduction tool for smokers looking to quit or reduce their tobacco consumption. Yet, the WHO’s approach remains rooted in caution, focusing on the potential risks of e-cigarettes without fully embracing their role in reducing tobacco-related harm.”
December: Month - Universal Human Rights Month, Seasonal Affective Disorder (SAD) Awareness Month. Week - December 1-7: Crohn’s and Colitis Awareness Week (Nicotine connection here), Dec 2-8: (US, UK, & ?) National Grief Awareness Week 2024. Day - Dec 3: Giving Tuesday, Dec 7 - National Cotton Candy Day. “Kid-friendly flavors” - The rest of the story! Did you know a dentist invented Cotton Candy? Does this have anything to do with quitting smoking? Of course it does! Too Much Fluff Over Flavors. But wait! There’s more! The Road to Quitting Smoking Is Paved With Candy. Dec 10 - Human Rights Day and the Universal Declaration of Human Rights, Dec 12 - International Universal Health Coverage Day, Dec 17 - (CA) Anti-Bullying Day (a reminder that being an advocate ≠being a bully), Dec 20 - International Human Solidarity Day. “International Human Solidarity Day is an annual observance that emphasizes the importance of unity, cooperation, and shared responsibility in addressing global challenges. It serves as a reminder that by working together in solidarity, we can create a better world for all and achieve common goals, including peace, social justice, and sustainable development.”
Notes:
I create these newsletters as a personal project. They are not affiliated with any current or past employers or groups I do volunteer work with. I receive no financial compensation for my efforts to create these newsletters.
My blog, Skip's Corner, has an X/Twitter account. My personal accounts are at BSKY, LinkedIn, and X (Twitter).