Johnson campaign first to condemn FDA vaping regs

October 4, 2016

Featured

By COREY NOLES

Libertarian presidential candidate Gary Johnson’s campaign has now officially gone on the record condemning the FDA’s regulation of the vaping industry.

To date, no other candidate has weighed in on the issue.Gary Johnson

“In the first debate, voters listened to two candidates dance around the American economy,” said Jim Wallace, national director of the Johnson-Weld campaign. “What you’ll never hear from those candidates is how the economy is being killed by excessive regulation. That just doesn’t make any sense.”

He said that he believes vaping is about to be regulated out of existence.

“The vaping industry currently counts about nine million customers, producing about $4 billion a year in annual sales,” he said, citing figures from industry sources. “With the excessive regulation recently introduced by the FDA, as many as 12,000 vaping businesses will be put out of business.”

The regulations require manufacturers to go through a costly pre-market approval process estimated to cost as much as $300,000 to $1 million per SKU. Most believe that such regulations will simply crush the industry, regulating it out of existence.

“As Gov. Gary Johnson has said, the free market and entrepreneurial spirit should be encouraged, not destroyed,” Wallace said. “Nowhere is this more obvious than the vaping industry.”

Corey Noles is the Editor in Chief of VAPE Magazine. He is also the owner of Inked Up E-Liquid Co. and Busted Knuckle Vapor Fluids. Contact him at corey@vapemz.com.

Letter from the Editor

December 7, 2016

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Dear readers,

Happy holidays!

‘Tis the season for bureaucracy! Look for a ton of information from Right 2 Be Smoke Free on pending litigation as well as some guidance from Azim Chowdhury on how to navigate the FDA registration process that ends this month. Time is short, so this is vital information.

We have a candid interview this month with former Winston Man, David Goerlitz. He is a featured guest in A Billion Lives and knows the tobacco game like few others do. He’s worked both sides of the fence from R.J. Reynolds to all of the key players in the anti-tobacco and anti-vaping movements. He has no qualms with sharing the things he’s seen and heard from both sides over the years.

We at VAPE Magazine want to wish every one of you a very happy holiday season!

Thanks for reading! VAPE on!

Corey Noles
Editor in Chief

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City Ordinance Altered In Kansas To Include Vapor Products In Public Smoking Ban

A 2008 ordinance that banned smoking in Manhattan, Kansas’s public places and places of employment was amended Nov. 15 to include vapor products and is now in effect.

Public buildings and those spaces which are open to the public are included in the ban, where both smoking and vaping are now strictly prohibited, according to The Kansas State Collegian, a daily newspaper at Kansas State University.

Originally, the City Clerk’s office received petitions which led to the proposal of the cigarette ban in August 2008, where tobacco smoking was not allowed in the aforementioned locations throughout the city.

no_electronic_smoking_devices_labelAt the time the ordinance was passed there was no language which mentioned the use of vapor products, so lawmakers felt that the new rule should be added to govern the smoke-free alternatives, The Collegian reports.

Michael Campbell, a physician at Lafene Health Center at Kansas State University, says that primary care physicians strongly discourage smokers from making the switch to vapor products because there are chemicals found in e-cigarettes, that like tobacco smoke, are still toxic.

Campbell’s case against vapor products is one that’s been made by many other physicians like him who make claims that vapor products are not effective in helping smokers quit, but the majority of vapers disagree.

“There is a small vaping community here; it would be sad to see that go…I know it has helped a lot of people stop smoking cigarettes,” Stanley Heeney, a 25-year-old Manhattan resident told The Collegian.

The vape ban will be enforced by the K-State Police Department and Riley Police Department in the same way cigarette smokers are warned to stop the act should they light up in public areas where the current tobacco ordinance is in effect.

To read more on this story, click here for the article that appeared in The Collegian.

VAPE News Magazine December 2016 Cover: Winston Man Revolutionized – David Goerlitz – The Gloves are Off

December 6, 2016

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THE GLOVE ARE OFF

Goerlitz, Former Winston Man, shares the stinky truth

By Corey Noles

David Goerlitz pulls no punches.

The ultimate man’s man in the 1980’s, Goerlitz still comes across with that same edgy bluntness, but in a kind way. Now 66, he has traded in his trademark Winstons (he actually preferred Marlboro, shhh), for a slim vape.

He doesn’t give a damn about clouds and thinks the industry is oversaturated with products and juice manufacturers, but he believes it’s worth saving.

Goerlitz recently sat down with VAPE Magazine between whirlwind trips to premiere’s for Director Aaron Biebert’s documentary, A Billion Lives. As this article was written, he was home in Pennsylvania after trips to Miami, Los Angeles and New York City. This morning he leaves for a three-week international tour that begins in India with stops in several countries, including Estonia.

While the trips keep him busy, there’s far more to Goerlitz’s story than just being an emblazoned member of both sides of the war on (and for) tobacco over three decades.

VM: So, David, let’s start from the beginning. Where are you from? Tell us a little about you growing up.

DG: Well, I’m the youngest of 3 boys from a baptist preacher. We moved 14 times in 6 years and every state we went to was different.

My personality was always very outgoing. I was the class clown in high school. I figured I was better off making them laugh with me than at me.

I got married at 20 and were still married 46 years later.

In 1977-78 I lost a lot of weight — about 75 pounds. I was never athletic. I was never into sports. I was more into theater and places where I could play characters. I decided acting would never be a money maker for me because of my size, so I got a regular job.

But by the time I was 29, I was unhappy. Not with my wife, but with having not taken the initiative to move forward and make something of myself.

It wasn’t until I lost the weight on my own without pills or doctors that I found a new me under that flab. I found a strong chin, blue eyes and high cheek bones, so it was suggested I try modeling.

I was able to get a modeling agency to back me in Philadelphia and that’s when it started coming together.

VM: How and when did you start smoking?

DG: I started smoking at 13. Being the son of a preacher it was kind of odd that three loyal Baptist preachers would be smokers, but we did.

My friends and brothers smoked, so I decided to. As a fat kid, I thought it was something that would make me feel grown up, mature and responsible. That’s what the ads told us we should feel. It was the closest thing I could do to make me feel that way about myself. It was a different time. Older students had a smoking area at school even. I remember teachers taking hits off of our cigarettes in the bathroom because there wasn’t time to go to the teachers lounge.

No one put a gun to my head, I did it willingly.

Heck, You could smoke anywhere — even theaters and the back rows of an airplane.

VM: How many years did you smoke?

DG: From the time I was 13 til 1988 when I quit. I quit publicly on the Great American Smoke Out for my kids. I wasn’t successful so I hid it. I’d come in from the bar with cologne, mouthwash and toothpaste to disguise it.

VM: Were you a Winston smoker.

DG: No. I smoked Marlboros. I only smoked Winston when I was around them. Tobacco is tobacco. It goes to

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the highest bidder at the brokerage house, the difference is the additives.

VM: How did the Winston Man deal come together?

DG: I had agents in NY and Philadelphia. From 1964-1979, the Winston campaign was all construction workers because it was a male cigarette. The women had their own already. I went on an audition call in 1980. I was one of 937 who auditioned and one of 6 to get a callback.

They didn’t want people who had done mouthwash or toothpaste ads, because at the time those were considered conflicting.

I won and got the lead role. I worked for them for almost 7-½ years. The money was great. It paid $100,000 a year for 26 days work. I was featured in 42-44 different ads that ran. Unfortunately, my target was kids. If they don’t get you between 13 and 19, they’re not going to get you for the most part.

VM: At what point did you decide to quit smoking?

DG: November 18, 1988 was the Great American Smoke Out. I promised my kids, particularly my son Kevin, that I would quit smoking.

He was begging me. I quit that day and did an event with the American Cancer Society making it public. I was scared to death. We didn’t have Zyban and Chantix and Nicorette gum. It was either cold turkey or keep smoking.

It lasted a month until a neighbor told me he’d found my dog dead in the road. I went straight out to buy cigarettes. So I cheated, then I quit, then I cheated, then I quit, then I cheated. That went on over and over until finally, it took.

Had I had something like vaping to go to, I think it would have been easier. The ability to cut back slowly and at my own pace would have made a huge difference.

Now somebody is trying to take that right away from millions of smokers and that pisses me off.

VM: You were very involved with the anti-smoking movement after you quit smoking and left RJ Reynolds. Who all were you working for after the transition?

DG: I was working for the American Cancer Society, the American Lung Association, the World Health Organization, the CDC, Campaign for Tobacco Free Kids, and eventually, the Truth Initiative.

VM: That reads like a list of the enemies of vaping.

DG: If you read the credits to A Billion Lives, all of those organizations refused to be interviewed. In 2004- 2005, they became as corrupt as the tobacco companies. They tried to script me and wanted me to say things that just weren’t true.

Every year, tobacco companies would spend another $14 billion to replace those who quit and die every day. Those replacements are kids.

I asked Dale Zane, an executive with RJ Reynolds during a shoot at the top of Mt. Evans why they didn’t smoke and was told “We don’t smoke the stuff, we reserve that for young, poor, black, stupid.” Dale Zane, an executive with RJ Reynolds. I testified about that to Congress.

VM: I understand the decision to quit smoking, but when did you decide to get involved in the antismoking movement?

DG: It took two days. When I quit smoking publicly, I got a lot of media attention. That was a great win for the ACS. I have to say, in 1988 and 1989, the movement was reasonable. People were dying of lung cancer. The ACS did strong funding drives and they were becoming a multi-million dollar organization. The salaries were growing, but not enough money was going into research.

Then I began noticing the same

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things with ALS, then AHS, then the CDC.

It was about that time I was approached by Matt Myers from the Campaign for Tobacco Free Kids.

He wanted all the dirt I could give on RJ Reynolds marketing campaign. His partner was Mitch Zeller, the current head of the FDA Center for Tobacco Products.

With millions quitting smoking because of vaping, if public health was the true goal, vaping should have been celebrated by these organizations. But it wasn’t. Because the game is all about money.

Then the taxes came. It was supposed to be all for the children and antismoking education. With that in mind I became very exposed. I started getting death threats from the tobacco companies. My car caught on fire. My tags were stolen, so I would get stopped by police. They were trying to get me to shut up.

In 1989, U.S. Surgeon General C. Everett Koop began his push for a smoke free class of 2000. They put a lot of money into preventing cigarette companies from marketing to children. I was being paid by all of them to go out and tell the truth about the tobacco companies.

Within a year, the tobacco companies are in cahoots with the ACS, AHS, and ALS to come up with the master settlement agreement. The money was supposed to allow the states to do their own anti-smoking campaigns, but the money never went to that.

VM: Is that when you started to distance yourself from the anti-tobacco movement?

DG: They wanted me to shut up, because I was pissing everyone off. Everybody knows smoking kills and that tobacco companies targeted kids.

That’s one of the things I never understood when vaping came around. With millions quitting smoking because of vaping, if public health was the true goal, vaping should have been celebrated by these organizations. But it wasn’t. Because the game is all about money.

VM: When did you start vaping and how were you turned on to it?

DG: In 2006, I started hearing about the electronic cigarette. By 2007, things were starting to happen with it. You could mimic smoking, inhale a vapor with propylene glycol and glycerine. You got the hit of nicotine, but without the issues created by smoking.

NJoy sued the FDA for blocking shipments of electronic cigarettes being shipped into the country. The judge said the FDA cannot regulate and control because they had not been regulated as a cessation device or a tobacco product.

From there it just started growing. Then it wasn’t long before all the vaping groups started forming because it was working. But at the same time, tobacco was hounding the government to start regulating it.

VM: I believe you told me once that vaping wasn’t a lifestyle for you, just something to keep you from smoking. Can you expand on that a bit?

DG: Unfortunately, the market has become very oversaturated. Smokers don’t necessarily want to quit and join a fraternity, smokers just want to quit. They need something to help them quit. They don’t want 7,000 flavors and hundreds of different mods. They just want it to work. They might graduate into something bigger, but it’s a process.

It’s important that we don’t forget about what smokers need.

In 2013-14, that’s when it got really big. If you look at my websites, I said then the jig is up. The die has been cast. They’re gonna ban it, take it away and give it back to the tobacco companies. The vaping community has about three years before we’re shut down if we don’t do something big and do it quick.

VM: Have you been involved with any companies or organizations in the vape industry outside of A Billion Lives?

DG: I have been trying to find a place in the vaping community for six years, but I’m too politically incorrect. You’ve got all these groups who are trying to do the right thing, but they’re not playing their game, The other side is playing nice and we’re trying to and that’s an uphill battle.

VM: Do you feel like A Billion Lives is helping to bring positive attention to the vaping industry?

DG: It’s being seen in many theaters. Its not going to be a blockbuster like Star Wars. It’s going to be like Super Size Me. It will raise the level of awareness. The difference between obesity and smoking is that we still see smokers as lepers and a waste of society. At least with obesity, people try to get fit. At least with that there are positive attitudes people are trying to change.

Vaping is to cigarettes what Slim Fast is to cheeseburgers. It’s a healthier option. But Slim Fast doesn’t get the mess that vapor does. Supplements aren’t even regulated by the FDA.

If [the government] isn’t going to believe these people who are doctors, lawyers and experts in their fields, we’re going to struggle.

The movie is only one resource. We need more. This all has to be exposed and not just to vapers. To everyone.

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Indiana Vape Shop Robbed, 3 In Custody

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THIS PHOTO IS TAKEN FROM SURVEILLANCE VIDEO OF A BREAK-IN AT VAPIN TONIGHT VAPE SHOP IN SCOTTSBURG, IN.

A group of four individuals made off with $10 thousand in stolen products early Friday morning from a vape shop located in southern Indiana.

Store surveillance cameras captured the scene that shows the break-in at Vapin Tonight last week, where four juveniles appeared to have made multiple trips inside, filling backpacks and pillowcases with whatever they could grab, according to WDRB News.

The shop’s owner claimed that three of the four people responsible for the theft have been taken into police custody and that the recovered products cannot be resold in their current state.

Click here to read more and to watch the WDRB News segment.

Alaska Teen Pleads Guilty To Killing Foster Father Over E-Cig Charger

Peter Henry, 18, pleaded guilty on Dec. 2 to shooting and killing his foster father, Marvell Johnson, back in 2014.

Peter Henry, 18, pleaded guilty on Dec. 2 to shooting and killing his foster father, Marvell Johnson, back in 2014.

An Anchorage man pleaded guilty to first degree murder Friday after admitting to police that he shot and killed his foster father because he took away his e-cigarette charger.

Peter Henry, 18, shot 64-year-old Marvell Johnson multiple times in his east Anchorage home on Oct. 7, 2014, based on findings outlined in Johnson’s autopsy report, according to the Associated Press (AP).

Family members claimed that Johnson and his wife opened their home to foster children for nearly 30 years.

Henry’s sentencing is scheduled for March 30, and as per the plea agreement, he will be facing a prison sentence of 80 years with 20 years suspended, the AP reports.

To read more, click here for the article that appeared on Channel 2 News, KTUU.com.

Vaping Banned Within Prestonsburg City Limits

vaping_man_closeupAn ordinance passed in 2013 that banned smoking in all public places and workplaces within Prestonsburg, Kentucky has drawn criticism recently after it was amended to include vapor products in the ban.

Growing concerns over the safety of vapor products and encouraging words from Prestonsburg community members prompted the City Council to amend Ordinance No. 12-2016, which now prohibits the use of all tobacco products throughout much of the city, according to The Floyd County Times.

Originally, the passing of the ordinance over three years ago was fueled by a 2006 report released by the U.S. Surgeon General that focused on findings that showed the harmfulness of secondhand tobacco smoke, the cardiovascular risks involved with inhaling it and its damaging effects on children who are exposed.

The Prestonsburg City Council adopted these findings in their pursuit to preserve the health of non-smokers and children who might otherwise unwittingly come into contact with cigarette smoke. It’s the Council’s opinion that the public’s desire to breathe smoke-free air should come before an individual’s desire to smoke or vape, The Floyd County Times reports.

The ordinance currently exempts vape shops within the city, so vapers can still enjoy a vape inside them, despite it being banned in most other locations that include parks, recreation areas, government office parking lots and inside city-owned vehicles.

To read more, click here for The Floyd County Times piece.

Big Tobacco Companies Set Up Shop To Sell Cigarette Alternatives And Educate Customers

Photograph: Rex Features

Photograph: Rex Features

With dwindling cigarette sales and the growing popularity of smoking alternatives, Big Tobacco is shifting its resources and mimicking the practices of the vape industry to boost sales of its next-generation products.

Taking a page out of the vape shop book, British American Tobacco PLC (BAT) has opened a storefront in Milan for the purpose of selling its own vapor product called Vype, and to educate consumers about the proper way of using it, according to The Wall Street Journal.

In an effort to drum up interest and to offer more variety to adult consumers during a time when cigarette sales in the UK are slipping, BAT released yet another vape device called the Pebble on Thursday.

The Pebble is shaped like what its name suggests and is designed to fit comfortably in the palm of a user’s hand. It promises all-day battery life with liquids offered for its use that are available in four different nicotine strengths and six flavors, The Wall Street Journal reports.

The Pebble is sure to join Vype and will be sold in BAT’s brick and mortar location, with the British tobacco giant becoming keen to retail openings citing the practices of rival Phillip Morris International Inc., which on Wednesday launched a store in London that sells its heat-not-burn product called the iQOS.

BAT has spent a total of $1 billion on its next-gen products over the past five years and is investing more heavily in smoking alternatives as cigarette sales continue to plummet.

This costly investment falls in line with competitor Phillip Morris and its belief that the sale of smoking alternatives will eventually eclipse traditional cigarette sales as fewer people are lighting up and many of those former smokers are gravitating towards smoke-free products.

To read more, click here for The Wall Street Journal article.

St. Louis County Age Requirement For Tobacco Sales Officially Goes Into Effect

t21A countywide ordinance banning the sale of tobacco products to anyone under 21 in St. Louis County went into effect Thursday, amid concerns from vapor product users who have also been affected.

The St. Louis County Council approved the measure dubbed Tobacco 21 (T-21) on Sept. 6, citing nearly 2,000 people who had died due to smoking-related illnesses, and the 800 kids that began smoking in the county last year, according to CBS St. Louis.

Tobacco 21 ordinances have been implemented in other jurisdictions nationwide and now St. Louis County can be counted among them.

Opponents of the measure took issue with the fact that T-21 also prohibits the sale of vapor products to anyone under 21 years of age.

Second District Councilman Sam Page, who helped approve the ordinance, says that choosing to lump e-cigarette products in with conventional tobacco was necessary in stopping adolescents from becoming addicted to nicotine at a very young age, CBS reports.

For months many individuals have argued before the Council that vapor products actually do have the capability to help smokers quit, but those testimonies from the public did little to sway the council members in their decision to add e-cigarettes to the sweeping T-21 measure.

To read more on this story, click here for the CBS St. Louis writeup.

Wisconsin Senator Calls For Obama Administration To Stop Regulating

By CHRIS MELLIDES

A leading Senate Republican chairman urged three top regulators in the outgoing Obama administration Tuesday to cease implementing new regulations, including those governing the vapor product industry, warning that the burdensome rules would likely be stripped away under a Trump presidency.

Senator Ron Johnson (R-Wis.) is the chairman of the Senate Homeland Security and Governmental Affairs Committee who was recently reelected. His desire to reduce and limit regulatory overreach and to support American small businesses were shining attributes that led many in the vape industry to take notice in recent months.

In May, Johnson sent a letter to the Food and Drug Administration (FDA) questioning their motivations and demanding that they justify the harsh regulations they began to implement back in August. The FDA’s eventual response did not satisfy Johnson’s inquiry and opened up more questions regarding the agency’s intent.

Republican senator and Homeland Security and Governmental Affairs Committee chairman Ron Johnson. (BLOOMBERG VIA GETTY IMAGES)

Following election day, Johnson appeared on video specifically thanking vapers for helping to get him reelected, and that he would continue to fight for the industry that has benefitted so many of them.

In letters the Wisconsin senator sent to the Environmental Protection Agency (EPA), the Department of Labor and the FDA, Johnson was critical in his call for an end to these controversial and costly regulations.

“On November 8, the American people voiced their disapproval of a federal government run by regulation and executive fiat,” wrote Johnson.

In his letter to FDA Commissioner Robert Califf, Johnson wrote, “In light of the significant economic costs on the e-cigarette industry and the substantial likelihood that the incoming administration and the 115th Congress will unwind this burdensome regulation, I call on the FDA to cease its implementation of the current regulation over e-cigarettes.”

He also wrote, “I hope the FDA will acknowledge the reality of the situation and ensure that small businesses and consumers do not continue to incur avoidable financial costs due to this regulation.”

Johnson’s actions are such that they should no doubt be applauded by the vape industry, particularly by those small business owners who would be forced to close their doors should the FDA regulations come to pass in their entirety.

However, while President-elect Trump has promised to pull back regulations and trim away government spending, it’s still too early to know what a Trump administration will ultimately mean for the future of the vape industry in this country.

Johnson’s letter to the FDA can be found here.

Chris Mellides is the Managing Editor of VAPE Magazine. A seasoned journalist, he has worked in all areas of the media industry since first getting his start in newspaper reporting ten years ago. Contact him at chris@vapemz.com.

Vape Community Plans Fundraiser For Slain Man

Billy Dezern shown here

Billy Dezern

Members of the Louisville community suffered a tragic loss Saturday when a well-respected vape shop employee was struck down and killed by an alleged drunk driver.

Billy Dezern and his father were fixing a broken car along the I-65 in Bullitt County, when the two were hit by a truck driven by a man believed to have been intoxicated at the time of the incident, according to WDRB NEWS.

Dezern’s father was taken to a nearby hospital and listed in critical condition, but Dezern was pronounced dead at the scene.

The 21-year-old worked at a vape shop called Weird Vapes and the shop’s owner, Billy Bryant, thought highly of his late employee.

“He was a frequent customer for quite a while, and I figured if he was gonna buy as much of it, then I might as well put him to work selling it, so he sold for me,” Bryant said. “You don’t have to be blood relatives to be family, and we considered Billy to be a family member.”

That closeness those who knew him felt led several in the vape industry to organize a fundraiser at Thoroughbred Vapors with all money raised from donations and raffles going to the Dezern family, WDRB reports.

Thoroughbred Vapors manager, Abby Wynn, describes the Louisville vape community as “tight-knit” where people are made to feel like family.

“He was willing to do anything for anybody,” Wynn said when describing Dezern. “And unfortunately, he passed in doing so.”

A GoFundMe campaign was created to help raise money for the family’s funeral expenses and in just three days has raised nearly enough to meet the $10,000 goal.

“Obviously, we’re not gonna take away their pain, but I hope that we can ease their hardships,” Bryant said.

To read more on this story, click here for the WDRB NEWS article.

The GoFundMe campaign can be found here, and will be running until the end of the week.

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