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In his fantastic talk at #GTNF2022, esteemed legal scholar @jadler1969 takes on the FDA’s many failings on vaping policy. Let’s look at some highlights. 🪡
First up, he talks about the agency’s fumbling of the PMTA process:
Adler also provides the receipts on how the FDA and CDC’s negligent messaging directly contributed to dangerous misperceptions about vaping – which started *before* the EVALI screw up:
It’s not surprising the public has been misled about the benefits of vaping. That’s because, as Adler points out, the FDA completely forbids companies from talking about how vaping is safer than combustible cigarettes.
It gets even worse. Vaping companies can’t legally repeat what FDA said at this very conference!.
“Producers of electronic cigarettes can’t quote things that Brian King said here yesterday [ . . .] that are indisputably factually true.”
Finally, Adler explains why these rules would violate the First Amendment and SCOTUS precedent:
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By granting cert in the Triton case, the Supreme Court is now poised to rebuke @FDATobacco's unlawful and destructive vape regulatory scheme. But readers of the New York Times and Wall Street Journal, the nation's two biggest papers, would have no idea. They didn't cover it.
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It's not like these papers don't obsess over SCOTUS / FDA. They've each got scores of stories in just the last few days, including this one on Loper fretting how the agency's "critics" (read: the American people) may confront the agency. (Shut up and eat your spinach, peasants!)
@By_CJewett even indulged Mitch Zeller whining that he can no longer rig the system for his friends. (Unmentioned: Zeller was the architect of the ban on flavored vapes that now has the agency facing an epic defenestration. Cheer up, Mitch, you're about to make history!)
It’s literally incredible. The world’s leading public health authority, @WHO, is now getting regularly lit up by @CommunityNotes for brazen and calculated deceits about nicotine vaping. Let’s take a close look.
THREAD 🪡
There is a widely-held scientific consensus that vaping is vastly less harmful than smoking. Yet with zero supporting evidence, WHO flatly insists the opposite, with the clear intent to dissuade the public.
Not only is WHO's claim wrong—they themselves have said it's wrong. Among the more than 100 scholarly sources cited in this community, two are from the World Health Organization itself!
Deceptive headline, half-truths and a whole lot of scaremongering. @USATODAY's @Mary_Walrath just wrote maybe the most irresponsible anti-vaping story we've ever seen. Let's do the fact-checking her editors should have done before publishing this train wreck. THREAD 🧵
Reporting on a study from @EmoryRollins, Walrath's piece veered off the rails immediately with the headline. There isn't a shred of evidence (in the article, the study or anywhere else) to support the claim that vapor poses a risk "like secondhand smoke."
We invite USA Today and Emory to prove us wrong. They won't, because there is no evidence causally linking nicotine vapor to *any* disease. Walrath buried this critical fact in the 9th (!) paragraph of her story.
🔎 This is horrendous. In a forum at @SMPAGWU yesterday (on misinformation!) @DrCaliff_FDA once again misleads Americans with the false notion that vaping is just as dangerous as smoking — thus deterring people from switching to a vastly safer alternative. 1/
Here's the verbatim remarks. Notice the false equivalence and the bunk gateway theory and how he lumps vaping in with lethal diseases -- even though vaping has injured or killed precisely no one and in fact saves lives.
Oh, more proactive you say? So far as we can tell, you haven’t lifted a finger to set the public record straight on what your own @FDAtobacco director says are widespread misperceptions about vaping.
🧐 Can we just talk for a second about the crayola math that @FDATobacco is using to rationalize its attack on open-system vape products? As @Vaping360 reports, the agency showcased an erroneous figure in its own press release.
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And as our @GregTHR notes, the 2023 National Youth Tobacco Survey reported that 7.7 percent of middle and high school students had used an e-cig in the prior 30 days. AMONG THOSE respondents, 11.3 percent said they used a Smok product — which is 0.87 percent of total respondents.
The total number of students that completed this survey was 22,069. By simple calculation, that means that *176 total students* in the nationwide survey said they had used a Smok product in the prior 30 days. That’s the figure FDA is citing to outlaw this entire product line.
Blistering ruling against @FDATobacco just dropped in the 5th circuit vape case. Here's our statement, along with analysis.
THREAD 🪡
Here is a link to the full ruling, which is chock-full of hard-hitting language that rebukes FDA's methods, duplicity, and the horrendous outcomes it has caused. theavm.org/s/bb9i.pdf