July 9, 2014
Tobacco Free Kids has created a microsite -- http://regulateALLtobacco.org -- aimed at generating comments to the FDA deeming docket to counter the tens of thousands of comments being submitted by cigar lovers and vapers. Their goal is to distribute the URL far and wide so groups can share with members, generate alerts, put in newsletters, etc. While theoretically the comment process should be about quality not quantity, quantity does count.
The site includes background info, talking points, fact sheets on cigars and e-cigarettes, and sample comments for parents, health care providers, concerned citizens and public health advocates. There are several click-through opportunities to submit comments directly into the deeming docket at Regulations.gov, along with some basic instructions on how to fill out the comment form.
The site is not branded with any logo (although it does state at the bottom that it was developed by CTFK so people know where it came from). CTFK won’t capture any names or know who clicks through to take action.
The site has been tested in all major web browsers and has been designed to work on smartphones and tablets.
Please share widely with your networks!
July 9, 2014
The National Association of Tobacco Outlets (NATO) has sent an action alert to its members telling them how to submit comments to the FDA and suggesting what to say.
The full alert is here; the key elements are reproduced below:
D. Suggested Comments on Premium Cigars
The proposed definition of a premium cigar should not include a minimum retail price of $10 per cigar. This price point is unrealistic and arbitrary because a significant majority of premium cigars have a retail price below $10, with many premium cigars priced substantially less than $10 per cigar.
June 28, 2014
Back in 1994 ABC News aired an important documentary on its documentary series Day One that exposed the fact that Philip Morris was manipulating nicotine delivery in its cigarettes to maximize addiction potential. The documentary played an important role in moving the discussion of the tobacco industry forward (including then-FDA Commissioner David Kessler to propose regulation of tobacco products as well as contributing to the pressure for litigation against the cigarette companies.
Philip Morris sued ABC and ABC caved rather than defending the Day One documentary. This shameful episode, as well as CBS's caving to Big Tobacco by attempting to spike the 60 Minutes segment featuring former tobacco company executive and scientist Jeffery Wigand (that also included me confirming what Wigand said) is described in the excellent Frontline documentary "Smoke in the Eye," which can be viewed on the Internet Archive here.
It turns out that ABC spiked a second documentary, prepared for its documentary program Turning Point, "Tobacco Under Fire.".
June 28, 2014
The latest attempt to use trade agreements to create new channels for tobacco companies and other multinational companies to use investor-state provisions in treaties to allow these companies to sue governments to block sensible public health, public safety, worker protections, and envioronmental protections is the proposed Transatlantic Trade and Investment Partnership Agreement (TTIP).
The European Commission is in the middle of a consultation EU on investment protection and investor-to-state dispute settlement (ISDS) after which it will decide whether or not to agree to provisions that would be binding to all member states directly, or whether each member state would process the agreement separately.
While the trade agreement is very complex, the underlying principles that need to be stressed are not; Multinational companies should not be given standing to sue countries over laws designed to protect the public. In addition, all dispute resolution should be done in the open, in court, not in secret arbitration proceedings.
June 27, 2014
Several people have asked me why we are submitting so many (relatively) short comments rather than one huge one, which is what most groups do. Others have asked how to comment.
First, how to comment:
Go to http://www.regulations.gov/#!submitComment;D=FDA-2014-N-0189-20870 and either type your comment into the box, upload a file, or both. If you upload a file, I suggest including the title or summary in the box together with "See attached file."
Why we are supporting so many shorter comments:
1. The first thing happens with comments is that they are processed by counting and classifying them. Limiting the topic of a comment to one subject increases the chances that it will be counted and classified correctly.
2. While the FDA denies it, the number of comments matters.
3. The next thing that will happen is that a contractor will code the comment's content. It is simple human nature to be able to concentrate longer on something short and relatively simple than something that is very long. Keeping the length shorter and the comment more focused on a single topic increases the chances that it will be coded properly.