Thinking 'bout THR Newsletter
June 27-29, 2024
Order In The Court
VAPE CASES…
Anticipation…
Breaking News!!! “AVM has learned that the Supreme Court will conference again Monday on whether to take up the White Lion case. Attorneys for other federal vape cases vs. FDA were also notified, an indication the Court *may* bundle those and hear all those cases together.” (Wages and White Lion/Triton) (Magellan Technology) (Logic Technology) (Lotus)
CHEVRON…
Ruling:
SCOTUS: LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE, ET AL. “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute delegates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it. But courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.”
Headlines, Statements and Press Releases:
Tobacco Reporter: US Supreme Court Overturns Chevron Deference. “In the years since electronic nicotine delivery systems (ENDS) became subject to FDA regulation, the vast majority of courts reviewing ENDS industry challenges to premarket application denials, as well as FDA rulemakings and guidance documents, have rubber-stamped the agency’s interpretation of the Family Smoking Prevention and Tobacco Control Act (TCA) and the “appropriate for the protection of the public health” standard.”
Global Action To End Smoking: Supreme Court Decision Jeopardizes Public Health And Regulatory Protections. “But the solution is not to weaken the FDA’s authority; on the contrary, the future of public health in this country is for that agency to fully embrace the concept of the continuum of risk in its tobacco product authorizations. It’s time the agency to follow through on its own comprehensive plan from 2017 to build a robust off-ramp for adults who smoke while protecting youth and minors from initiating nicotine use.”
Reason: SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority. “Critics have long complained that Chevron deference allowed bureaucrats to usurp a judicial function and systematically disadvantaged "the little guy" in disputes with an overweening administrative state. The Supreme Court endorsed that critique by a 6–3 vote today, repudiating the idea that agencies, rather than judges, should resolve ambiguities in the statutes under which they operate.”
Campaign for Tobacco-Free Kids: U.S. Supreme Court Ruling Should Not Impact FDA’s Authority to Regulate Tobacco Products. “…Today’s ruling does not impact the FDA’s authority on these critical issues, and the FDA should move forward in exercising this authority to protect public health and save lives.”
VTA Statement: Response to SCOTUS Decision to Overturn Chevron. “VTA welcomes the decision by the Supreme Court of the United States to overturn Chevron vs. The Natural Resources Defense Council. The decision clearly bolsters what VTA has been saying for years: the U.S. Food and Drug Administration (FDA) and, specifically, the Center for Tobacco Products (CTP), overstepped its authority when it chose to implement a de-facto ban on flavored e-cigarettes in its deeply flawed implementation of the PMTA process.”
HALFWHEEL: SUPREME COURT OVERTURNS CHEVRON DEFERENCE, A LIKELY HIT TO FDA’S TOBACCO REGULATORY AUTHORITY. “Today’s decision to overturn Chevron opens up the door to many attacks on the FDA’s Center for Tobacco Products (CTP) and the regulations it has created since Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009. With Chevron overturned, there will be many questions regarding whether the agency did, in fact, overstep Congressional intent with various regulations. It also will likely create major complications for future rules that the FDA has already proposed, such as bans on menthol cigarettes and flavored cigars, the introduction of nicotine limits, or requirements for tobacco manufacturing facilities.”
New York Times: Supreme Court Ruling Could Put the F.D.A. in the Cross Hairs of Its Critics. “This is disastrous for public health. This is disastrous for the critical role of science-based regulatory agencies,” said Mitch Zeller, a former F.D.A. associate commissioner and tobacco division director. “Chevron has worked well for half a century and makes a lot of sense.” … “Others expect a broad onslaught from tobacco companies regulated by the agency. “I would expect the tobacco industry to target every aspect of the F.D.A.’s regulatory infrastructure,” said Desmond Jensen of the Public Health Law Center. The agency decides which e-cigarettes are authorized for sale and can reject new cigarettes that could attract new smokers.”
STAT: Vape makers see Supreme Court ruling as a weapon in fighting FDA. (Paywalled) “The court on Friday overturned a judicial rule, known as the Chevron doctrine, which instructed courts to defer to regulators on certain legal issues. Vape manufacturers see the decision as a powerful weapon in their fight against the FDA’s efforts to ban the majority of vapes lining store shelves.”
American Cancer Society - Cancer Action Network: Supreme Court Decision to Overturn ‘Chevron Deference’ Threatens to Disrupt Public Healthcare System “In response to the court’s decision, the following statement was issued by: American Academy of Pediatrics, American Cancer Society, American Cancer Society Cancer Action Network, ALS Association, American Heart Association, American Lung Association, American Public Health Association, American Thoracic Society, Bazelon Center for Mental Health Law, Campaign for Tobacco-Free Kids, Child Neurology Foundation, Epilepsy Foundation, Muscular Dystrophy Association, National Health Law Program, Physicians for Social Responsibility, The Leukemia & Lymphoma Society, and Truth Initiative. As leaders who share a mission to protect and advance the public’s health, our organizations are disappointed by the Supreme Court’s decision today to eliminate the long-standing rule of Chevron deference. As we described in our Amicus Brief, which Justice Kagan drew on in her dissent, this rule has long helped ensure that healthcare laws are interpreted and implemented appropriately.”
Reactions on X:
Jonathan H. Adler. (Thread) “The Chief's Loper Bright majority is very powerful and well done. (And I say that as one who did not think Chevron needed to be overruled to cure agency overreach.) Decision is grounded in history and text of the APA and powerfully deploys stare decisis doctrine.”
American Vapor Manufacturers. (Thread) “BREAKING: In a major blow to federal agencies like FDA, SCOTUS has overruled the Chevron doctrine, which required courts to defer to the legal interpretations of unelected bureaucrats.”
Meetings, Webinars, and Podcasts:
FDLI Webinar: The Fate of FDA Authority: Addressing Recent Supreme Court Decisions on Mifepristone, Chevron, and Beyond. July 11, 2024, 2:00-3:30 PM ET
Smoking-Cessation Hope for People With Mental Health Conditions. “But among all respondents, three methods led to “significantly higher odds of quitting successfully” than the rest, based on self-reported abstinence from cigarettes. Those three were vapes, the medication varenicline and heated tobacco products.”
Reluctant Quitters. “Martin Dockrell, the Tobacco Control Programme Lead for The Office of Health Improvement and Disparities (OHID), previously Public Health England, is reminding doctors and nurses that vaping helps smokers to quit even if they don’t want to stop smoking. He is encouraging them to read a paper on the subject published by JAMA Network Open.”
THR experts at the Italian Senate: Australia vs. New Zealand case study. “…two leading experts in the medical and legal fields presented an overview of the international situation regarding the policies for combustion-free products, with a particular focus on Australia and New Zealand.”
Employment Opportunities…
*NEW* Trainee Press Officer Science Media Centre UK. Application deadline: 9 am Monday 1 July 2024.
Wanted: Conference/Seminar Submissions…
Call for speakers. The Society for the Study of Addiction is now accepting applications for speakers at the PhD Symposium. The application deadline is July 3, 2024
Nov 14-15, 2024, UK - SSA Annual Conference. Submissions for posters and oral presentations are due by July 3, 2024
Sep 16-17, 2024 - 7th Summit on Tobacco Harm Reduction by SCOHRE. Call for abstracts for short oral or poster presentations. The submission deadline for abstracts is July 12, 2024.
*NEW* Call for proposals - FDLI Enforcement, Litigation, and Compliance Conference: For the Drug, Device, Food, and Tobacco Industries. Submission deadline is July 12, 2024
TOPS Tobacco Online Policy Seminar call for papers/nominations. The submission deadline is October 7, 2024.
Wanted: Survey Participants
Exploring Vapers' Attitudes towards Potential Restrictions of Vaping in the UK. Update: Now open to anyone 16 or older (Previously 16-30)
Seeking participants from the following countries: Mexico, Colombia, Ecuador, Argentina, Costa Rica and Peru. Encuesta sobre consumo de nicotina y experiencia de personas usuarias
Call for Experts
WHO Call for Experts - Technical Advisory Group on Economic and Commercial Determinants of Health 24 May 2024 - Call for experts. The Deadline for applications is 7 July 2024.
Call for Comments
On June 5, the FDA announced the closing date for the public comment period on Swedish Match U.S.A., Inc’s applications, submitted for the renewal of existing modified risk tobacco product (MRTP) orders for their General Snus products. Public comments on these applications must be submitted to the docket by the docket by 11:59 p.m. EDT on July 5 to ensure they receive consideration by FDA. Pointers for making comments here.
Call for Papers
CALL FOR YOUNG RESEARCHER EDITORIALS (YRE): PUBLIC HEALTH AND HEALTHY LONGEVITY. Manuscript Submission Deadline 14 July 2024
Maternal and Child Health. DEADLINE FOR SUBMISSIONS: July 15, 2024
Rural Health Disparities: Contemporary Solutions for Persistent Rural Public Health Challenges. The deadline to submit an inquiry is July 19, 2024.
A 10-year Update on Nicotine and Tobacco Research Related to Sex/Gender. The submission deadline is July 31, 2024.
Health Effects of Electronic Nicotine Delivery Systems (ENDS): What Can Be Learned from Human and Experimental Studies? A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 31 July 2024
Health and Risk Behaviors in Adolescents and Youths. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 31 July 2024
Substance Use, Stigma and Social Harm. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 31 August 2024.
Themed issue/section on Non-Medicinal Oral Nicotine Products. Deadline for manuscript submissions: 30 September 2024
Tobacco Use in Adolescents and Youth. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 30 September 2024
Tobacco Use, Vaping, Heating, Nicotine Dependence, Smoking Cessation, and Public Health. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 30 September 2024
Cancer prevention. Submission Deadline: 11 October 2024
Mental Health, Stigma and Addictive Behaviors. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 15 November 2024
Generating stronger evidence to inform policy and practice: natural experiments on built environments, health behaviours and chronic diseases. Submission deadline: November 30, 2024
Cancer Causes and Control. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 31 December 2024
Factors Associated with Successful Smoking Cessation. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 31 December 2024
E-cigarettes and Vaping Products: Health Effects and Toxicological Impacts. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 21 January 2025
STRONGER Scholars: A Research Education Program to Reduce Tobacco-Related Cancer Disparities and Improve Health Equity. A special issue of the International Journal of Environmental Research and Public Health. Deadline for manuscript submissions: 31 December 2025
For global coverage of calls to action: Advocating For Tobacco Harm Reduction.
The events listed below focus on nicotine. Some may not support reduced-risk products. Some have covered nicotine in the past but may not cover that topic every year.
Jul 4-5, 2024, Opatija, Croatia - 13th Workshop on the Economics of Risky Behavior. Program here.
Jul 12, 2024, (Virtual) 10:00-11:00 AM ET - TOPS Tobacco Online Policy Seminars.
Jul 21-23, 2024, San Marcos, TX, US - Texas Tobacco-Free Conference
Jun 26, 2024, (Virtual) 2:00-3:00 PM ET - TOPS Tobacco Online Policy Seminars.
Aug 9, 2024, (Virtual) 2:00-3:00 PM ET - TOPS Tobacco Online Policy Seminars.
Aug 18-21, 2024, Mobile, AL, US - Federation of Tax Administrators - 2024 Tobacco Annual Meeting
Aug 23, 2024, (Virtual) 2:00-3:00 PM ET - TOPS Tobacco Online Policy Seminars.
Sep 6, 2024, (Virtual) 2:00-3:00 PM ET - TOPS Tobacco Online Policy Seminars.
Sep 7-10, 2024, San Diego, CA, US (In-person & Virtual) World Conference on Lung Cancer.
Sep 8-11, 2024, Atlanta, GA, US - 77TH TOBACCO SCIENCE RESEARCH CONFERENCE
Sep 16-17, 2024 (Virtual) - 7th Summit on Tobacco Harm Reduction by SCOHRE
Sep 20, 2024, (Virtual) 2:00-3:00 PM ET - TOPS Tobacco Online Policy Seminars.
Sep 23, 2024, NYC, NY, US - New Approaches Conference
Sep 24-25, 2024, Athens, Greece - GTNF
Oct 4, 2024, (Virtual) 2:00-3:00 PM ET - TOPS Tobacco Online Policy Seminars.
Oct 13-17, 2024, Edinburgh, Scotland - CORESTA Congress 2024
Oct 15, 2024, US (Virtual) - FDLI Introduction to Tobacco Law and Regulation *NEW* Early bird registration ends July 31, 2024
Oct 23-25, 2024, Lisbon, Portugal - LISBON ADDICTIONS European Conference on Addictive Behaviours and Dependencies.
Oct 23-25, 2024, Broadbeach, Australia - Oceania Tobacco Control Conference 2024. See list of Conflict of Interest Principles.
Oct 23, 2024, Washington DC, US (In-person and Virtual) - FDLI Tobacco and Nicotine Products Regulatory Science Symposium
Oct 24-25,2024, Washington DC, US (In-person and Virtual) - FDLI Tobacco and Nicotine Products Regulation and Policy Conference. Early registration expires July 31, 2024
Oct 27-30, 2024, Minneapolis, MN, US - 2024 APHA Annual Meeting and Expo (Public Health). Registration opens in June.
Oct 28-29, 2024, Charleston, SC, US (Virtual and In-Person) 2024 NICOTINE AND TOBACCO SCIENCE CONFERENCE
Nov 14-15, 2024, UK - SSA Annual Conference. Early bird discounts until September 9, 2024
Nov 14-16, 2024, Chicago, IL, US—AMERSA Conference—Registration opens in June. Note: We won't know until the agenda is announced if nicotine will be part of this year's conference.
December 5, 2024, UK (Virtual and In-person), E-Cigarette Summit UK
Check out the public Google calendar of THR-related events created and maintained by Clive Bates. Also, check out the event calendar from Ecig Intelligence. Their listings include consumer/trade shows and expos that I don't include in this newsletter.
Jan 15-19, 2025 Seattle, WA, US - Society for Social Work and Research.
Mar 12-15, 2025 New Orleans, LA, US - SRNT 31st Annual Meeting
Aug 26-28, 2025 Chicago, IL, US - The National Conference on Tobacco or Health (NCTOH) (Link is to the announcement, not event info)
Sep 10-12, 2025 Romania - SRNT-E Conference
Nov 17, 2025 (all week) Geneva - FCTC COP11
Nov 24, 2025 (all week) Geneva - FCTC MOP4
Mar 4-6, 2026 Baltimore, MD, US - SRNT 32nd Annual Meeting
Notes:
Deadlines are in bold type. Additions to the seeking participants and events sections since the last edition will be denoted by "*NEW*"
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 believe that everyone deserves a seat at the table. If you’re interested in nicotine with a focus on THR, this newsletter is for you.
Until next time,
Skip “#BeKind” Murray
