Enforcement is not experiencing a level playing field.
Every day, thousands of people die from smoking. THOUSANDS! The US alone sees 1300 of them.
This isn’t a casual evening spent on the stage of the local comedy club. This is life or death. That’s a topic I am unable to joke about.
Sitting here in my quiet little corner, my vision focuses on the fact that the FDA is under political pressure based on a moral panic over youth use of vapor products. They are being pushed to enforce a market that has exploded and is becoming a Genie that is impossible to stuff back in the bottle. No one seems to be talking about products that haven’t been deemed an “epidemic” of “youth-appealing” options.
While many focus on the enforcement of vaping, some non-vaping businesses are flying under the FDA’s radar, and they are making unproven smoking cessation claims. Today, I went searching for examples of these products while also looking for the latest headlines about youth use of nicotine.
My search led me to these “Flavored Toothpicks with Lobelia Plant That Can Help Quit Smoking.” As the rabbit hole queen, I had to learn more about lobelia. An active ingredient in the Lobelia plant is lobeline. “Lobeline was once used as a nicotine substitute in many antismoking products and preparations designed to break the smoking habit. In 1993, the U.S. Food and Drug Administration (FDA) prohibited the sale of smoking products containing lobeline. The FDA reported that such products were not effective in helping people quit or reduce smoking.”
Does your stepmom smoke? A seller offers a quit-smoking bracelet they claim is the ideal stepmom gift. The stones in the bracelet are supposed to help with focus, strength, and tranquility. However, the listing doesn’t explain how wearing a bracelet helps people stop smoking.
Have you seen the quit smoking inhalers “made of scientific metal aluminum material?” These nicotine-free and smoke-free devices use botanical essential oils that “help relieve tension, anxiety, and stress.”
Other products available are quit-smoking gummies that contain Ashwagandha and a “Zen Calming” blend for those trying to quit nicotine. This listing has sold over 200 bottles in the last month. I wonder how many of those people successfully quit smoking.
Perhaps The Safe Quit Smoking Tool for Smoking Cessation, with over 800 units sold in the last month off of this listing, will do the trick for some people who smoke. It looks like a cigarette and puffs like a cigarette, but it is not a ciggy. What is it? I’m not sure! I think it’s a tube that offers the sensation of holding a smoke and inhaling it.
Someone who smokes can spice up their quit-smoking journey with the Wild Essentials Quit Smoking Essential Oil Roll On. Their ad claims, “A QUIT SMOKING SOLUTION IN A ROLL-ON: Made in the USA with Organic Jojoba Oil and our “Quit Smoking” is our proprietary blend of Cinnamon, Eucalyptus, Frankincense, Helichrysum, Lemon, Marjoram, Black Pepper and Spruce premium essential oils to help quench the cravings.”
For the academics reading this, how many grants are available to study the use of herbs and essential oils for smoking cessation? How many studies have already been done using those substances? I ask a lot of questions, so I’ll follow that up with a “why” to both of those questions.
It isn’t a surprise to find “Quit Smoking Patches to Help Reduce Cravings” available online. We’re all familiar with patches, a form of nicotine replacement therapy (NRT) that has helped some people stop smoking and is now available over the counter (OTC). The listing says these patches contain herbs and a “natural tobacco extract.”
On another website, the extract is identified as nicotine, and the herbs are mint, ginger, sweet orange oil, clove oil, and anise oil. Contact information shows that a company in California distributes it. I find it difficult to find what I want to know on the FDA website, so someone might have to help me with this. I searched the approved drugs page for “nicotine” and did not find this product listed. Is this NRT an approved smoking cessation product? Aren’t all products containing nicotine regulated in the United States?
These are only a few of the many listings on one e-commerce site. A Google search provides even more results. The FDA approves some of the products found as smoking cessation products, but many are not. While vaping is not approved for that purpose, vape product manufacturers and sellers are not allowed to make smoking cessation claims. I am troubled by the inconsistencies in enforcement and the unequal demands for enforcement.
It is impossible for consumers looking at these products to know which have any science backing up their cessation claims. It is also unclear which products have been approved or authorized to be on the market. How is this helpful to people who smoke?
Until next time…
PS: I have been reading and writing for the last 12 hours. Most of it while seeking material for my newsletters. The most enlightening thing I read today is this article by Kiran Sidhu, “Why I Report on Tobacco Harm Reduction.” In it, she said, “When received wisdom differs so starkly from the truth, it’s hard to leave that alone.” How many of us have experienced the receiving end of the “discrediting the messenger” she discusses? I think many of you will relate to this article. Please take a minute and read it.
I’m grateful for those who walk past the noise and the vitriol attacks and continue to do the right thing. From those who choose this as a career to the many volunteers, thank you for trying to help people who smoke.
What is being asked of public health leadership in this moment? “Second, leadership should be aware of the needs of the many. Creating a healthier world means creating such a world for all people, not just some. This means embracing a vision of leadership which works to ensure no one is excluded from the conditions that create health.”
NCSCT - “Every time anyone talks about ‘the harms of vaping’ they put another load of people off switching and keep them smoking.”
Jeffrey Weiss - “Much of DOGE’s focus will be on “administrative reductions and cost savings” – and that rationale would clearly apply to any agency effort that is duplicative of work done by another agency. That concern exists here, with OSH responsibilities overlapping with those of FDA’s Center for Tobacco Products. Indeed, in a recent JAMA article, former FDA Commissioner Scott Gottlieb has suggested moving OSH out of CDC and placing it under CTP.”
The next one has nothing to do with the nicotine space, but it rang nicotine bells for me anyway. I think about how often we try to coerce instead of entice people to stop smoking or switch to something less harmful. When people want to ban what helps some of us not smoke, it does feel like we’re being punished for quitting smoking the “wrong” way.
This quote from Naomi Fisher, author of When the Naughty Step Makes Things Worse, struck a chord with me. Naomi states, “Because being deliberately made unhappy isn’t a good way to affect change. You can’t punish someone into doing well.”
392: Vaping Heads to SCOTUS. Jonathan Adler (Case Western Law) and Ari Cohn (FIRE) discuss the FDA’s war on vaping and the Supreme Court case FDA v. Wages and White Lion Investments.
Study results could keep panic at bay over arrival of HTPs and nic pouches in the US. “This debate – or to put it more honestly, dispute – goes to the heart of US perceptions of and policy on tobacco harm reduction. But it has been clouded by the (lack of) distinction between nicotine and smoking, and also by the sometimes awkward way in which the Centers for Disease Control and Prevention (CDC), operator of some of the most important surveys of nicotine consumption habits in the US, presents its data.”
Single-use vape ban pushed back by two months. “The date for a ban on the sale and supply of single-use vapes in Northern Ireland been pushed back by two months. Environment Minister Andrew Muir had previously said he intended to ban them from April 2025, but on Wednesday he said the ban would not come into effect until 1 June. The new date ties in with planned new laws being developed separately by the Scottish, Welsh and UK governments. Muir said aligning the dates would provide clarity for businesses which sell single-use vapes.”
Denver City Council approves ban on sales of flavored tobacco products. “The ordinance includes bans on e-cigarettes, menthol cigarettes, vapes and other flavored nicotine and tobacco products.”
$81.5 Million in Unapproved Electronic Nicotine Delivery Systems seized by Chicago CBP. “During the last 12 months, U.S. Customs and Border Protections (CBP) officers in Chicago made 121 seizures containing over 3.2 million prohibited Electronic Nicotine Delivery Systems (ENDS) products with a Manufacturer’s Suggested Retail Price of more than $81.5 million.”
School Board approves purchase of vape detectors for pilot program. “The devices will be purchased for $97,291 through a Stronger Connections Grant. East Ridge High School was selected for the pilot program because it is the district’s largest school. If the data shows the devices are effective in reducing vaping at East Ridge High, district leaders will explore expanding the program to all high schools and to middle schools.”
Kentucky lawmaker proposes tougher rules to penalize underage vaping. “Although a new state law takes effect in January aimed at keeping non-FDA regulated vape products off store shelves, a state lawmaker wants an even bigger push to keep vapes away from Kentucky youth with tougher licensing regulations and penalties for possession.”
Republican files bill to close loophole in Virginia’s ban on nicotine products for people under 21. “Del. Paul Milde, R-Stafford, filed a bill that would close the loophole currently allowing people under 21 to possess nicotine products without any penalty. The current law passed by the General Assembly bans the sale of nicotine products to anyone under 21, but it does not ban the possession of nicotine products…Milde says this is not an effort to criminalize, but instead, the goal is to use civil penalties to discourage kids from using nicotine products.”
(Note from me: While I do not know the particulars of the Virginia bill, I am aware that fines can sometimes have unintended consequences. In an op-ed I wrote in 2023, I talked about those consequences. “There are cases of schools using the police to ticket and fine students. In some cases, students are required to go to court if they’re caught vaping. This means they miss school, and their parents must take the day off from work. Fines and loss of work are detrimental to low-income families. Some school districts send unpaid fines to collection agencies, including those for vaping. These actions can lead to wage garnishments and loss of driving privileges. Additional financial strains on these families can affect the mental health of all family members.” ~Skip)
Two-thirds of NYS Healthcare professionals say we are experiencing a youth vaping epidemic. “E-cigarette use continues to be higher among high school students than middle school students (5.6% in 2022). The proportion of high schoolers who reported vaping on at least 20 days in the past month has increased from 1.9% in 2014 to 7.9% in 2022…More than one in five high school students reported vaping cannabis (21.1%), smoking cannabis (15.1%), and/or smoking a blunt (9.6%) at least once in the past 30 days.”
San Antonio-area high school removes doors to restrooms to deter vaping. “A high school in Boerne Independent School District has removed hallway doors leading into restrooms in an effort to crack down on student vaping. Officials at Samuel V. Champion High School said this move comes amid an uptick of reports of students vaping on school grounds. The campus has also taken additional measures to ensure student safety, including additional hallway and restroom monitoring.”
More news: Vapers Digest Dec 16, and AVM,
Mistrial ruled in state's case against e-cigarette company.
December: Month - Universal Human Rights Month, Seasonal Affective Disorder (SAD) Awareness Month. Day - Dec 20 - International Human Solidarity Day.
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 on BlueSky, LinkedIn, and X (Twitter).