brēTH Magazine - Issue 1 - May/June 2017

How the vaping industry can come back from a death sentence Feature story inside. Plus advocacy & industry news, and more... Grab your vape & enjoy!

INsideEditor In Chief / Publisher Pg. 4 Editorial - Welcome To brēTH!Kevin E. SkipperContributors The concept of magazines isn’t new. The concept of a vaping magazine isn’t new. But brēTH Magazine is a new spin on both,Brian Fojtik combined to form an educational and entertaining take on vapingAlbert Harper indsutry news...Patrick RiffeKevin E. Skipper Pg. 8 Brian Fojtik: It’s Time for Vapers toBill Tarling Seize the Moral High GroundJonathan Thomas In less than a decade, the consumer-driven market for vapor products hasProduction Support disrupted a longstanding power structure that’s existed for the last fiftyJen Eldridge years. On one side, you have tobacco companies that sell cigarettes...Cover ArtRyan GriffordTechnical SupportGeorgi Trifonov2 brēTH Magazine

CoverStoryFDA’s Pg. 11 Jonathan Thomas: The UK is WAY ahead of the USA (NOT the Other Way Around)DeathSentence? For the past year or two I heard that the United Kingdom vapor market was about two years “behind” the market in the USA... Page 12 Pg. 22 Albert & Jessica Harper: The Consumer View Bill Tarling: PRECEDENCE: Pg. 24 Patrick Riffe: InnovationPg. 14 The Most Dangerous Word In With Amnesia LegislationWhile the vaping world appeared to be falling into turmoil,the warning cries of advocates went mostly disregarded asfoolishness. Issue 1 May/June 2017 3

Welcome to brēTH MagazineThe concept of magazines isn’t new. The concept of a vaping magazine isn’t new. But brēTHMagazine is a new spin on both, combined to form an educational and entertaining take onvaping indsutry news...There are many ways to obtain informa- The truth must keep us going. We knowtion in 2017, from a variety of social media these products have and will continue tooutlets to Google. We decided to launch save lives. We do this for our children, ourbrēTH Magazine to provide focus to the families, our friends and loved ones. And wedriving issues in the U.S. and global vaping persevere not only for current vapers andindustry. At brēTH Magazine, we will bring smokers, but for generations of smokers toour community information and informed come so that we may one day be rid of theopinions and analysis from the vapor indus- scourge of smoking to derive the pleasurestry, consumers, and advocates – all of whom of nicotine.are vapers and former smokers. This is the vaping advocate’s raison d’etreWe will promote constructive dialogue (reason for existence) – eradication of com-about the current state of affairs affecting bustible tobacco.vapers. Together, we’ll look at where thingsare, where they’re headed – and hopefully brēTH Magazine will be a part of this mis-inspire you to take action. It’s our goal to sion by providing accurate information andhelp you individually determine how you informative articles. Most of all, we want tocan best affect policy and inspire others to provide a perspective that will inspire you,do the same. promote constructive dialogue, inform your positions and help you positively affect theVaping represents a consumer-driven solu- change we all seek. We invite you to join ustion to a public health catastrophe that has in sowing the seeds of truth and winningeluded government for over half a century. this fight against incredulous ignorance andIf you solely consider the impact vaping can dishonesty.have on preventing the disease and prema-ture death caused by smoking, vaping holds Together, we can save an industry and cre-the potential to benefit mankind as much as ate a legacy of which we can be proud. Youany innovation in history. Opportunities like don’t have to do everything, but you dothis don’t come along often and we all have have to do something. Get involved!a chance to be a part of it. Kevin E. Skipper, EditorMake no mistake, we’re in for one hell of atough fight. This war against vaping will notbe quickly or easily won. It will be constantand riddled with many frustrations andnever-ending challenges. We’re up againstdeep pocket special interest groups with nu-merous conflicts of interest and an incessantdrive to selfishly maintain their funding.4 brēTH Magazine

Issue 1 May/June 2017 5





It’s Time forVapers to Seize the Moral HighGround By: Brian FojtikIn less than a decade, the con- ago, e-cigarettes and vapor prod- Tobacco control groups ucts arrived on the scene and have had a much moresumer-driven market for vapor changed the dynamics of the public difficult time adjustingproducts has disrupted a long- policy landscape. Vapor products to the disruption of theirstanding power structure that’s disrupted the tobacco market world...somewhere alongexisted for the last fifty years. enough to get noticed by tobacco the line, these groups lost companies and have obviously sight of their mission.On one side, you have tobacco gotten the attention of tobaccocompanies that sell cigarettes control groups. We’ve seen similar a misguided war on nicotine andpeople have enjoyed for genera- scenarios play out in other markets tobacco companies. Rather thantions. But as we all know, smoking – Uber and Lyft disrupted the taxi- a foundation of science, theireventually causes some to get sick cab market, and AirBNB disrupted mission now seems to be built onand die. On the other side, you the hotel market. Regardless of emotion and tired, old habits.have tobacco control groups fight- whether a disruption is perceiveding tobacco companies by pushing as good or bad, it’s always unset-government policies to restrict tling to the status quo.the companies’ ability to sell andconsumers’ ability to buy and use Tobacco companies have started Groups like the American Cancercigarettes. adjusting to the new world. It’s not Society should be fighting cancer. difficult to understand why. Most If they had been paying atten-Over fifty years, tobacco control of these companies have for dec- tion, they’d have figured out thatgroups have spent millions of dol- ades embraced a long-term busi- vapor products hold the potentiallars attacking smoking, tobacco ness strategy. A business model to end (or at least significantlycompanies, their business partners, where some customers get sick reduce) preventable, smoking-their products and eventually and die isn’t ideal, even to them. related lung cancer. And whilesmokers themselves. During the Since long before e-cigarettes hit youth experimentation with vaporsame period, tobacco companies the market, tobacco companies products may be worth watching,have spent millions defending the have invested in research and the Campaign for Tobacco Freesame. Make no mistake that at development of reduced harm Kids should be doing cartwheelsleast as far as perceptions have products, launched products and about the fact that since the ar-been concerned, tobacco compa- explored products that might ap- rival of significantly safer vapornies wore the black hats. Every- peal to their customers. products, teen smoking rates havething they say or do is viewed with taken a nosedive. Recently, Newsuspicion. Tobacco control groups Tobacco control groups have had a York’s Health Department releasedhave worn the white hats. Like the much more difficult time adjusting data that demonstrates that asgovernment, they’re ‘only here to to the disruption of their world. It’s vapor product experimentationhelp.’ Reality today might be shift- become increasingly apparent that increased, teen smoking sunk toing away from the perceptions of somewhere along the line, these rates lower than they’ve ever seen.the past. groups lost sight of their mission. Think about that – fewer teens in Instead of educating about risks New York smoke than ever before.This power structure has contin- and fighting disease, they now The phenomenon isn’t unique toued, unabated for half a century. aggressively perpetuate harmful New York. It’s being replicated allAs we all know, about ten years misperceptions in furtherance of over the country.8 brēTH Magazine

It’s time to honestly acknowl- toys) possibly seize the moral high Vapers can’t wait for the moraledge that public health groups, ground in the eyes of the public, high ground to be given becauseand agencies of government, are the media and government? Think it won’t happen. It’s got to bebecoming as much a part of the it can’t be done? Well, it has been taken. It’s taken when you standproblem as they are a solution. done before. For inspiration, watch for a higher aspiration to whichSomewhere along the way, they the documentary “How to Survive others can relate and embrace.ceased to be honest, science-based a Plague” (it’s on Netflix) about the When telling a story, whether itadvocates for promoting public fight for rights and a more respon- be to a politician or new friends athealth. Instead they now spread sive government during the rise of the bar, one only gets a preciousmisinformation that ultimately the AIDS crisis. The people at the few seconds before your audienceserves to keep smokers smoking center of that fight were “misfits” in decides whether to listen to you– and dying. And of even greater the eyes of many, but they banded or just wait foryou to be done. Inconcern, too many in public health together and accomplished great those first seconds, they need toand government seem to see ten things. hear who you are and why youmillion vapers, almost all whom care. They need to hear what youare current smokers cutting back Vapers can’t wait are fighting for.or former smokers who quit withvapor products, as part of the for the moral high Each vaper’s message is his own. Isproblem. By spreading misinforma- it to save lives? To ensure peopletion, they encourage the media and ground to be given have the information they need topoliticians to view vapers the same make informed choices? Or is itway. Somewhere along the way, because it won’t because you watched your motherthese public health officials forgot die from lung cancer and there arethat these vapers are the “public” happen. It’s got to over 400,000 smokers dying everythat they presumably are so serve. year who deserve a better option?And they seem completely blind to be taken. That’s for every vaper to figure outthe fact that in terms of reducing for themselves.smoking, these people represent In any movement, it’s importantten million success stories. to stand up and be FOR some- Figure it out. Then give them the thing. Only being against taxes and fight of your life -- because it is theThe treatment of vapers, as much regulations, while important, simply fight for your life.as anything demonstrates that isn’t enough. Dr. Martin Lutherthese organizations have lost the King, Jr. didn’t just stand against Brian Fojtik is a Senior Fellow withmoral high ground. These groups discrimination, he stood for the Reason Foundation.claim to be about fighting smoking, higher ideal that all men are cre-but when confronted with millions ated equal and endowed by theirof Americans who have found a Creator with inalienable rights. Heway to win their battles with ciga- stood for the hope that one dayrettes, do they try to understand our children would be judged notand learn? No, they declare war. by the color of their skin but by theSadly, vapers are seen as adversar- content of their character. If this isies to be defeated, rather than a to be a lasting movement, it mustresource to be mined for solutions. continue to oppose government overreach.This behavior is not ethical normoral. It’s time for the vape com- But if your audience is unfamiliarmunity to claim the moral high with the details of vape policy,ground abdicated by these heinous they probably won’t be stimulatedmiscreants. How can the com- by the laundry list of things youmunity of vapers (which to some oppose.may resemble the island of misfit Issue 1 May/June 2017 9



The UK is WAY ahead ofthe USA (NOT the Other Way Around) By: Jonathan Thomas For the past year or two I heard that the United Kingdom vapor market was about two years “behind” the market in the USA. This“To keep a healthy vapor industry was mainly speaking to the under matured market for hobbyist in any country, style vapers, cloud chasers, vape trickers, high wattage stuff…you smokers MUST be know what I mean. I won’t even start on how unfortunate it is that ”our top priority. NOT putting majority of your focus on current hobbyist vapers is considered being “behind.” The fact is, the industry in the UK is kicking ass... Since December 2016, I have by the FDA in the United States. been here in the UK (Leicester Tobacco Products Directive (TPD) England to be exact), and it regulations aren’t perfect by any has been an eye opener to say means; however, there is an attain- the least. The vapor indus- able pathway to market for small to try here is booming, but in a medium vapor companies. different way than what we have experienced in the USA. I will leave it to you, or maybe a fu- The boom here is largely be- ture article, to delve into the “whys ing fuelled by actual smokers and why nots” behind the reasons converting to vaping! the USA is killing our industry. For now, just know that for the most YEP! Vaping is doing JUST part, vaping is being allowed to what it was invented to do do its thing here in this part of the here. Also, to note, British world. To keep a healthy vapor smokers are switching to industry in any country, smokers vaping at a higher rate than MUST be our top priority. anywhere else. I’ve read that in the UK, every four minutes In coming articles, podcasts and a smoker switches to this less videos, I will share my opinions harmful alternative. I cannot and more info on TPD regulations, speak to the accuracy of that differences in the two markets, and statement, but based on my anything else I find relevant. Please personal experience, it sure stay tuned, have fun, and stay seems like it. focused on what is important. One contributing factor is JT that governing bodies and @vapestars on Instagram public health groups put off a www.youtube.com/vapestars “cautiously supportive” vibe when it comes to vaping. They do not bash vaping like their American counterparts. Hell, even the upcoming regulations here allow for this market to continue to grow without the prohibition level of regulation being enacted Issue 1 May/June 2017 11

REPRIEVE ForVaping IndustryBy: Kevin E. SkipperRome wasn’t built in a day. This is an expression citizens into back alley criminals. And for what? Nicotine consumption? I think few have everwith which we are all familiar, but often forget in accused the government of being reasonable, butthe trenches of battle. People tend to focus on the deeming regulations ratchet the irrationalismthe here and now, the issues facing them in the to a whole new level. What was once the Ameri-coming weeks and months, and tend not to be can dream has become the American nightmare,long sighted enough to see that efforts to shape and it is time for us all to wake up and snap backpolicy from a decades long prejudice against nico- to reality.tine consumption (attributed to a long history oflies and misdirection from the tobacco industry) There are various strategies in play to overcomewill take time to shift to one of harm reduction. the deeming regulations and save the industryOpponents of the vaping industry misconstrue, or from the guillotine. This article will explore thesesimply do not care, why vapers are so adamant in and shed some light on how the industry cantheir support of this product. E-cigarettes are at reverse course from doom and gloom to pros-least 95% less harmful than combustible tobacco, perity. Mistakes have been made in the vapingand they are effective at stopping people from industry over the past several years with regardssmoking. to strategy and unification. But if our mistakes have taught us one thing, it is that we cannot letThe Food and Drug Administration (FDA), under our mistakes define us. We must learn from themthe Obama administration, clearly was not inter- and steadfastly march onward to victory; there isested in promoting public health as they spear- no other option.headed draconian measures to ensure the deathof the vaping industry in the form of the “deem- Last year, Rep. Tom Cole (R-OK) and Rep. San-ing regulations” – a defacto prohibition on vapor ford Bishop (D-GA) introduced the Cole-Bishopproducts in the U.S., while leaving deadly tobacco amendment to the 2017 Agriculture Appropria-cigarettes unscathed. Much has been debated tions Bill with the goal of moving the predicateabout the deeming regulations, but one thing is date in the deeming regulations from an unrea-clear no matter which angle you view them from – sonable and unrealistic February 15, 2007 to athey are a death sentence for the vaping industryin America. In fact, even without their full imple-mentation, the regulations have halted innovationand caused a shift in focus from saving lives tojust trying to survive for the thousands of busi-ness owners across the land, many of whom haveinvested their life savings into this industry.America has tried prohibition, and it does not Representatives Tom Cole (R-OK), left & Sanfordwork. People will go to extraordinary measures to Bishop (D-GA), rightlive their lives with liberty and free will. Prohibi-tion does more harm than good by creating blackmarkets and turning once law abiding, peaceful12 brēTH Magazine

The much more equitable August 8, 2016. The former date means an endy?? to the vapor industry in America. The Federal government has a history of poor fiscal management and did not address the 2017 budget with a long-term solution, but instead provided a stop gap approach until the end of April 2017. The end of April came, and with a budding Presidential administration taking root in the first quarter of this year, new issues arose requiring funding – many of which were contentious, and many of which were opposed vehemently by the minority Democratic party. With opposi- tion from Democrats to riders being added to the budgetary extension (this is where the Cole-Bishop amendment fits in), closed door sessions took place and the predicate date change was not included. The fis- cal extension now runs through September, and while there is a small chance the Cole-Bishop amendment could be included in the next round of ‘pass the buck’, with each day the likelihood of that diminishes. Understanding this was a possibility, Representatives Cole and Bishop teamed up again in early 2017 in a bi-partisan effort to change the predicate date with the introduction of HR1136. This legislation would accomplish essentially the same thing as their amendment by modern- izing the predicate date, but is not reliant upon the uncertainty of the Federal government’s budgetary process to get the job done. Since introduction, HR1136 has received support from both sides of the aisle, garnering 48 Republican and six Democratic co-sponsors. If there is any chance of success, there must be increased bi-partisan support. Historically, this has been difficult to achieve as some Democrats ap- pear to be anti-vaping while most of the support for the industry has come from the Republican side of the aisle. That said, HR1136 com- prises the vaping industry’s most viable option for survival by provid- ing an immediate ‘stop the bleeding’ solution. A continued push with previously unseen fervor from industry and consumers alike is the only way HR1136 succeeds, particularly as it relates to garnering support from liberals. The newest addition brought to the table is legislation introduced by Rep. Duncan Hunter (R-CA), current vaper and former smoker, in the last week of April 2017. HR2194 (The Cigarette Smoking Reduction and Electronic Vapor Alternatives Act) is a comprehensive overhaul of Representative Duncan Hunter (R-CA) Issue 1 May/June 2017 13

the way tobacco harm reduction products – such Other recent developments inspire positivity inas electronic cigarettes – are viewed and treated by the vaping community as well. There are ongoingthe Federal government. The Bill calls for a com- efforts by the Village of Hartland, WI to challengeplete redefining of the FDA’s Center for Tobacco the veracity of the deeming regulations based onProducts and places emphasis on promoting harm an obscure, but to date very effective, clause in thereduction while quantifying risks associated with National Environmental Policy Act (NEPA) knownvarious products used by consumers to intake nico-tine. Still in the very early stages, HR2194 holdspromise for the future as it is the first Federal leg-islation introduced that would address and definevapor products as a separate, less harmful, class ofproducts than traditional combustible tobacco.Amid these legislative actions, litigation is pend- as ‘coordination’. Coordination requires Federaling at the Federal level, notably in the form of the agencies to seek input from local governmentalNicopure/Right 2 Be Smoke Free lawsuit brought bodies on regulations that could adversely affectagainst the FDA. Oral arguments were heard by their citizens, and the local government itself. ThisJudge Amy Berman Jackson (US District Court – approach is pending, and the results remain to beDistrict of Columbia) from the parties in October seen. However, after three days of testimony at2016. While there has yet to be a ruling issued in their local hearing this past week, facilitated by Mr. Fred Kelly Grant (former Federal prosecutor, Dr. Scott Gottlieb Awaits Senate Confirmation proponent of local rights, and coordination expert), To Become The Next FDA Commissioner the Village voted in favor of sending their findings to Mr. Tom Price, Secretary of Health and Humanthis case, the industry is hopeful that Judge Jack- Services, for review and consideration. The Villageson will err on the side of public health and harm of Hartland, home to Johnson Creek Enterprises,reduction, and grant relief to the Plaintiffs in the is hopeful that the FDA will set aside the deemingnear future. Furthermore, there are various other regulations, but are willing to head to court for alawsuits pending, and notably on May 1, 2017 the decision if that isn’t the initial outcome.FDA postponed all deeming regulation deadlines bythree months citing pending litigation, and a desire The industry and vapers are hopeful that creativeto determine direction from incoming leadership, and intelligent minds are working from many anglesi.e. Dr. Scott Gottlieb. Dr. Gottlieb has passed all to ensure the defeat of the FDA deeming regula-hurdles up to a full Senate vote, and awaits con- tions and realize a resurgence of the vaping indus-firmation as the next FDA commissioner in the try from the verge of a death sentence. One thingcoming days. This delay clearly signals the FDA is is certain, if nothing is ventured, nothing is gained,not prepared, at least at present, to implement the and in this case, there is much more at stake thandeeming regulations as they are currently con- the death of an industry. Lives will continue to bestructed. lost at staggering rates annually to combustible to- bacco. If there is a chance to change that via harm reduction devices that actually work for smokers (such as e-cigarettes), each and every one of us has an obligation to do something to facilitate the pro- cess. The tide may finally be turning in the favor of truth and harm reduction in America. Rome wasn’t built in a day, but built it was...14 brēTH Magazine



‘PRECEDENCE’THE MOST DANGEROUSWORD IN LEGISLATIONBy: Bill Tarling While the vaping world appeared to be falling into turmoil, the warningcries of advocates went mostly disregarded as foolishness.A quick look around, and you could see how quickly vapers had grown in numbers, far beyond what could havebeen predicted. Our vape family had grown closer together in a sense of comradery and kinship never found assmokers. We were too powerful to be stopped – but the danger signs were all there…It’s easy to forget just howbig the world is. Thanks to the internet, we’re no longer restricted to just our local backyard for finding friendsand hobbyists who share our thrill and passion for vaping. We can now jump online at almost any hour, and chataway with our fellow vapers across the globe. As hobbyists and vapers, social media has been great for sharing interests and the latest vape news;however, it can also have negative effects when fighting for local vaping rights. Don’t forget, just as easily as wecan get info on the latest vape regulation news and media coverage from elsewhere, so can the politicians andanti-vaping groups – and you can be damn sure they’ll use those restrictions and bans to claim proof that morevape restrictions are needed in your area as well.JUST THE FACTS… The most common misconception about regulatory law is thinking they are based on decisions resultingfrom extensive fact checking. “We just need to educate them about the truth about vaping” is the usual cry of ac-tion, but it’s too frequently a failing approach for one simple reason: law and politics are not based mainly on factor fairness -- they are built around posturing and power positioning. Consider seemingly common sense issues from past parliamentary arguments. Even when all partiesagreed, very little proceeded without long drawn out disagreements and flaring disputes from all sides. Whatshould have been logical cooperative non-partisan votes usually develops into mired pomposity. In the politicalgame, the opposition will argue about ‘ruling validities’ to create a winning pretense for their party: if the passinglegislation turns out to have been flawed or bad, they can claim they ‘tried to stop it’ – if it works out well, theycan claim they supported it and helped make it stronger by ensuring everything was properly worded. Things get even more complicated when a legislative bill centers around a controversial subject matter.All the parties will pontificate and spew nonsensical claims, as we have seen time and time again with every pieceof vaping related ruling. Facts and truth go right out the window as the politicians switch to their snake oil side-show pretense of indignant blustering.FICTION VS. TRUTH We’ve all seen the sensationalized headlines: ‘E-Cigs Filled With Toxic Chemicals’ – ‘Vape PoisoningsIncreasing In Epidemic Numbers’ – ‘Vape Pen Explodes In Fireball Right Beside Baby’ – ‘E-Cigs Market To Kids ToGet Them Addicted To Nicotine & Smoking’ – ‘E-Cigs Linked To Cancer’ …16 brēTH Magazine

We cringe every time we see the latest anti-vaping portant omission the ANTZ (Anti Nicotine & Tobaccoheadline, not just because we know it’s untrue, but Zealots) don’t want the public to know is the plain andrather because the public [and legislators] don’t know simple fact that the main reason there’s been such anit’s fake, and will believe the fear mongering. impressive growth and usage, in such a surprisinglySensationalism also sells misinformation quickly. Con- small span of time, is because the products work! Ifsider which you would find more attention grabbing vape products weren’t so successful or effective as aand memorable: safer alternative, then there simply wouldn’t be such a high demand -- or even any vape community activity.“A man had a flat tire, and pulled over to the side ofthe highway to change it.” You don’t see millions of NRT users around the world gathering for celebrations and events – anx-or ious to check out the latest foodie flavorings and high tech collectable nicotine gum, patch, or inhaler…NRT“The tire blew without warning at high speeds, making products are boring, but then again, it’s hard to getthe vehicle dangerously hard to control. The terrified excited about a product that only has about a 3%-8%driver swerved precariously off the road through on- success record – especially compared to the 70%-80%coming traffic, missing near collisions by just feet.” success rate of vaping -- in cutting down smoking, andThe same tactic is used in the media to dramatize creating millions of ex-smokers so quickly.enhanced dangers by headlining ‘E-cigarette EruptsIn A Ball Of Flame’ as it’s more exciting to make it It’s no wonder Pharma is desperate to hidesound like vapers are all walking around with deadly their abysmal figures. In what other industry would aexplosives. Additionally, pointing fingers as if ‘that 90%+ failure rate be considered a good thing? Thenvape devices blew up’ encourages people to be leery again, it was much easier to keep that poor perfor-whenever they see one. Ordinary batteries are too mance out of the spotlight when there was nothing tocommon place to draw much apprehension (we’ve all compare it against… and then those nasty vapers justlived with drawers filled with loose household batter- had to come in, exposing how badly their high costies), so calling attention and blaming ‘that strange look- NRT products worked. That can really hurt sales. Theing thing these people are putting in their mouth’ is a solution: Pharma keeps the smiling showmanship maskmuch more exciting sell. on, barking how wonderful it is that their products have saved so many smokers from doom – and how,INFERENCE BY OMMISSION sadly, there simply isn’t any proof or information to One of the easiest ways to present a de- show vaping as having any effect. Sometimes it’s bestceptive claim, without lying, is by simply letting the for business to just skip over unnecessary details likelistener or reader fill in the blanks, subconsciously all the studies and reports which prove the superior-drawing their own conclusion based on only partial ity of vape products [by a landslide] … and of course,information. A perfect example of this ploy is how please don’t look at those anecdotal vapers – theyoften ‘alarming escalation of use’ or ‘rapidly increas- don’t really count, so just ignore them.ing occurrences’ is used to again generate a sense ofurgency and impending danger. It creates a simulatedcredence that these devices must be brought undercontrol immediately – or else! Of course, we know it’s a gross misrepre-sentation of the figures, because the products wererarely even available at the start of their timetable.It’s easy to chart an impressively dramatic climb whengoing from zero sales to millions of devices in undera decade. To public perception, the numbers soundcredible – and once you add in hyped danger claims,it creates heightened fears and panic: ‘We must stopthese deadly products before they kill us!’ An im- Issue 1 May/June 2017 17

The human mind is desperate to fill in logical connections to missing pieces of a thought, and will do its What information or data you leave out can make a bigger impression than dis-best to fill in likely words and links. Think Caveman style: “Pharma… Medicine Make Better… Pharma Make Medi-cine… So Pharma Good ---Vaping… Is Smoke… Smoke Bad… Smoke Is Fire… Fire Hurt… Vaping Hurt… So Vap-ing Bad”. As simple and silly sounding as the caveman example is, that’s pretty much all the ANTZ do. They justinclude negative words or concepts when talking about vaping, knowing the listener is likely to form their ownimpression that the negatives and vaping are associated or the same thing. Also, listen to the pacing and the way they deliver both sides of their argument. When talking about howfantastic Pharma and Health Organizations have been in fighting the battles; their voice is smooth, soothing,happy, excited. When talking about smoking or vaping, they’ll speak in short beats or segments, sound harsheror severe, frowning almost as if they have a disgusting taste in their mouth. If challenged with actual facts, they’lloften simply chuckle dismissively – mocking the facts, and giving the impression the pretend data [real facts]shouldn’t be taken seriously.THE ART OF DISTRACTION Since controversial or bad legislation is harder to pass on its own, a lot of unrelated filler is often addedto act like a magician’s misdirection. If someone looks too closely, the real intentions and flaws in the trick willbe spotted so: distract, deflect, and misdirect. For anti-vaping regulations and campaigns, the distraction abuseis easy. Since they don’t want the public looking too closely at what they’re really doing, they simply switch anytalking points to:• We must protect the kids!• The nicotine will turn your kids into addicts or it will kill them!• Smoking deaths and health costs have been proven, so we must stop vaping which is contributing to those figures, and they should have to pay for all the damage they’re causing!• We only have public safety in our hearts, and are doing everything we can to stop these vaping people from poisoning you, and putting you at risk of being killed in a massive flaming explosion!Now, as vapers, we all know their deceptions are blatant falsehoods or intentional distortions and misrepresenta-tions of the facts – but so what?! Vapers and those in the industry aren’t the ones they’re trying to fool -- theirtarget audience is the public and other lawmakers. If they can keep us busy trying to defend or correct their mis-information given to public perception, then they know we won’t have enough dedicated resources to fight back.BIG TOBACCO PLAYBOOKEarly on, the tobacco and oil companies developed highly effective marketing techniques that could easily beused to counter any negative publicity. It’s all about steering the conversation away from provable facts, and sow-ing seeds of doubt about their validity.DISTRACT: If the vape industry gets the chance to include factual information, simply cut it off with unrelatedmaterial to change the subject.DISMISS: Want to bring up RCP studies? They quickly dismiss the value as if it’s completely irrelevant to theargument - “we can’t really use that information because their market is completely different”. It doesn’t matterthat the markets (and lungs) are pretty similar, sharing many of the same devices and juices in common; just makeit sound unimportant, and switch subjects away from the professional study results.DEFLECT: When the pro-vaping side brings up tangible and citable proof, counter with vagueness. “There’s a lotof inconclusive opinions on both sides, but there are thousands of studies and reports against what you’re say-ing”. They don’t even have to cite any specific counter studies.MISDIRECT: If the ANTZ are challenged to cite specific studies, they can simply pick any generic report [real or18 brēTH Magazine

closing all the legitimate facts when you want to make something appear bad. fabricated]. Even if the industry has already completely debunked the results, our side must then veer away from They just lead the public to whatever mistaken conclusions they want. the proven studies to explain how and why their named study wasn’t accurate. They can repeat the deflection over and over with a new named ‘report’. If they keep us busy having to explain why their sources were wrong, then we can’t argue our own points and proof. To give appearance that we’re lying (and so that they can switch completely to a different subject), they can often end the debunking counter with “So everybody is wrong except you?” ACCUSATORY ASSOCIATION: Pay close attention to any media or legislative presentation by ANTZ groups or organizations, and you’ll quickly notice how they intermingle completely unassociated products and vaping in the same presentations: • Cigarettes kill, so we must stop kids from vaping so they don’t get addicted • There are so many toxins in smoke, so nobody should have to breath in their vape fumes • We worked hard on bringing down smoking rates, but now e-cigs use is escalating and undoing all our work by increasing tobacco usage again • Tobacco companies lied to us for years and said smoking were safe, just the way they’re trying to do with their electronic cigarettes now • We all know cigarette companies used shows and cartoons to market their products to kids [e.g. The Flint- stones commercials for Winston cigarettes], and we banned advertising to youth. But now these e-cigarettes specifically market their products as a youth appealing lifestyle in ads and commercials again, and need to be stopped. [Note: they’ll almost always use (tobacco owned) Blu adverts as their example] • Of course these vaping products are going to tell you they’re “safe” so they can keep marketing and selling them, just like the tobacco companies did before we stopped them • We all know cigarettes are made to get smokers addicted to nicotine, and these new products are made to get a whole new generation addicted • I lost a family member to smoking, and I don’t want the same thing to happen to other people getting ad- dicted smoking these new untested electronic cigarettes and other tobacco products • People are using these vaping pens to smoke drugs • When people “smoke” these e-cig and vaping products THE KIDS CARD: The total devastation ploy to gain immediate support – “We Have To Protect The Kids!” Even when their policies will have the complete opposite effect, and can cause harm rather than “pro- tect”, there’s no argument against it. By making the bold statement, the listener is left with the mental option of either agreeing or else to be accused of wanting to harm children. The intended effect is “either you believe us and care about children, or you don’t care about children and should be ashamed of yourselves.” Whether or not kids are even legitimately part of the issue, simply claim that’s your motivation and you are looked at as the protective good guy – and the other side becomes the abusive uncaring bad guy who only cares about their own profits. In fact, the playbook tactics are so effective that they’re used almost daily by environmental agencies, activists, and even governmental departments. Don’t believe it? Just consider every argument used by the FDA, CDC, Surgeon General, American Lung Association, Campaign for Tobacco-Free Kids, Health Canada, and other health organizations encouraging anti-vaping regulations. DISSEMINATING DECEPTIONS Here’s where it all starts to tie together, allowing each precedence to begin its impact. Negative reports are like gossip: people love to spread the shock value, retelling the story with their own emphasis and speculations. Each person stretches the narrative into their own version of the events or claims until it becomes an unrecognizable whopper. Nobody cares about the real truth; misinformation and juicy gossip spreads much faster. Another ad- vantage negative claims have over facts is they can be changed, adjusted, moved around, misdirect, and even use fabricated data to create any results desired. Issue 1 May/June 2017 19

All you need to do is point and accuse the vape industry of lying – you can even be vague and just make up new “It can take two years to pass a law,‘alternative facts’ if arguments aren’t going your way. That’s the biggest difference…while the ANTZ can make up any facts of associated pretenses they want,the vaping industry is fighting the battle based on what true facts are currently available – and those facts areusually rigid and unchanging without new evidence. That puts us at a huge disadvantage right from the start.The anti-vaping attackers already know every proven report or talking point we can use in debates – so all theyneed to do is distract away from the proof. When confronted with actual facts, the ANTZ simply yell out: “Lier! Deceiver! Destroyer Of Our Chil-dren!” – Truth and evidences are inconsequential to them, because they don’t have to win. If they lose, they cansimply adjust their story for the next location – and if they win, then they claim that victory as proof that they arein the right. It becomes a Salem Witch Hunt lose/lose defense for vapers: “Throw them in the water! If they [va-pers] are lying witches, they will float and should be killed [banned] – if they drown [go out of business so vapersgo back to smoking] then we were wrong. Unfortunately, after we’ve drowned to prove ourselves, it’s a little toolate to help all the businesses that were forced to close, and for the renewed smoker market.It’s important to realize that negative and positive precedents are not balanced equally. We’re closer to “guiltyuntil proven innocent”.THE CONTAGIOUS PRECEDENCE As stated, the ANTZ don’t need to win every battle, they just need to win a few to start the steamrollprocess. Go back just a year or two, and the general response was, “No, we aren’t looking at taxing these vapeproducts like tobacco”. Yet several states tested the waters, seeing if they could get a small cash grab tax passedthrough. Most were defeated without too much effort early on – but once they saw where their arguments wereweak, they reinforced them for more serious attempts. It didn’t take long before a localized sin tax (even prior to the FDA Deeming Regulations taking effect)was passing Council approval. So then their neighbor in the next County or State presented their case: “Thoseguys got it approved, so that proves we can legally do so as well.” Suddenly, at lightning speed, new bills and by-law submissions started being proposed all around the country. Taxes, raise the age to 21, ban both smoking andvaping from public areas, ban indoor usage, regulate vaping the same as smoking – it became a rapid-fire assaulton vapers. We manage to defeat some of the unjust attacks on vaping, but the battles have now gotten morefrequent, costlier, and ever more contagious with each loss. We are now faced with an epidemic crusade againstour industry, and are fighting just to stay alive.THE 20/80 PANDEMIC BATTLE As if it wasn’t hard enough trying to protect our rights against the unethical tactics used by the anti-vap-ing lobbyists and government organizations; the Precedence Factor has one more huge kick to our mods waitingfor us. When the ANTZ get a victory (i.e. anything to restrict or impose penalties on vaping and the industry), theprecedence has huge political weight to do the same elsewhere; however, a win for our side sadly doesn’t auto-matically carry the same impact to other areas. That doesn’t mean a win in our column doesn’t have an effect orvalue, but rather that we need to remember politicians are more readily swayed to erring on the side of caution:“It may be safer than smoking, but we don’t want to be responsible for allowing it in case we can be blamed ifsomeday it’s shown it really was bad.” Harm reduction, health improvements over smoking, and science mayseem like a logical no-brainer decision; but all the other side needs to do is plant a little doubt to coerce the deci-sions against us. It doesn’t help when the ANTZ can also dangle the “look at all this free tax money you can have”carrot in front of their eyes. Don’t forget, most of the politicians and public are not vapers. They have little understanding of whywe’re so protective of vaping. They’re just told “vaping is bad – vaping is smoking”, and then the hard punch: “We20 brēTH Magazine

10 years to change a law, aren’t banning the products, we’re just making sure they aren’t hurting us like smoking did.” But it takes a lifetime to undo the damage done by a bad law.” The ANTZ just leave out the fact that the restrictions take away all the aspects which helped create the 70-80% success rate to create ex-smokers. Once the new regulations and laws take place, businesses start to shut down, unable to afford staying open. Once the businesses and suppliers close, there are fewer options for vapers and smokers to stay off cigarettes. Granted a black-market growth is imminent, but with dwindling suppliers and increased prohibitions, even they will start resorting to homemade sup- plies… and, for smokers, the ANTZ claims that our products are ‘as dangerous or worse than cigarettes’ could become true. The ANTZ can use every win to spread the ban infection further and further. We need every single win, no matter how small, to gain an impact elsewhere. I call it the 20/80 Pandemic Precedence Battle to give everyone an idea of how much each win is worth for Vapers vs. ANTZ. For every win or gain, they get in unfair restrictive legislation -- we have to fight at least four times harder just to stay even. The next time you hear of a Call To Action or new proposed legislation taking place in another place, don’t sit back thinking “I’m glad it’s not us” … because if they lose, there’s a good chance you’ll be hit with the exact same assault at home. We can’t lazily say a battle in another State, Province, or Country is their problem, not ours. Every fight, regardless of where it happens, puts us all in jeopardy. Have You Read The Truth About Vaping? It’s At Least 95% Less Harmful Than Smoking. Click The Image To Read The Report. Issue 1 May/June 2017 21





The Consumer ViewBy: Albert M. Harper & Jessica K. HarperIn vaping, there are two key classifications that de- adults in the US to continue to smoke. In 2015, per the Center of Disease Control, about 15 of every 100termine where you fall in the community: industry and US adults smoked cigarettes. Since cigarettes are theconsumers. There are businesses, who either manu- leading cause of preventable disease and death in thefacture, distribute, or retail vapor products; and con- United States, one would assume a successful tobaccosumers, who purchase the products for use in various harm reduction product would be accepted, not ne-ways to suit their personal style. Each classification gated, by the FDA.plays an integral part and contributes to the commu-nity, neither able to survive without the other. In these “deeming regulations”, the FDA added a clause that allows a change to the rules as they seeVaping is a consumer created answer for a tobacco fit, at any point in time. The struggle to adapt toproblem. Although it may not seem that the consum- newly formed and ever changing regulations has leders hold much sway within the industry, they are some vape shops to use creative business strategies,indeed the foundation from which it was created. structures and advertising. Some unsavory industryThat holds true today as much as it ever has. We, the professionals don’t care about the consumer, only thevapers who purchase vaping products, choose what almighty dollar. This is causing the regulations not toinnovations take flight, what dies, and most impor- be enforced, or properly implemented at the businesstantly, set the tone for how we are portrayed. level, which causes more confusion to vapers. Not only does that cause there to be a lack of education aboutWith false information flowing from many sources current events, but also leads ignorance about the cur-about electronic cigarettes and their components, the rent state of the industry and the potential decimationignorance brought forth has caused many concerns. of the very products they use to not smoke.From inaccurate media reporting, destructive businesspractices, and unyielding regulations, persecution has What Is The Vape Shop’s Role?caused consumers to question if it is worth the aggra-vation. At the same time, potential consumers (smok- Vape shops stand at the frontlines of this smallers) question the industry’s standards and believability industry. They are the first contacts and mentors tothat this technology is lifesaving. The ramifications of consumers. A vape shop’s focus should be helpinghow vaping is portrayed to smokers with misinforma- smokers switch to a healthier alternative (vaping) fromtion will leave a billion lives lost in the next century. one that will certainly kill them (combustible tobacco),We can do better. but that is not always the case. Proper education from shop to end-user is vital. Whether it is product safetyA vast majority of current end-users are unaware that knowledge or advocacy information, shops shouldthe US Food and Drug Administration (FDA) has set always put their best foot forward when it comes toforth regulations condemning vaping as tobacco prod- educating their customers. Again, neither entity canucts. Due to the misinformation, categorizing vaping survive without the other. Knowing that, shops shouldproducts as tobacco products and effectively banning understand that these regulations can eradicate theirthem in the United States will be the death of innova- business, and cost businesses around the countrytion and will create future complications for current thousands of jobs. Keeping themselves and their cli-and potential vapers. entele up to date on current information, encouraging positive public perception and safety, and supportingAs of August 8th, 2016, vapor products are subject to local and national advocacy organizations are key tothe Federal Food, Drug and Cosmetic Act, as amended the success of the vaping industry.by the Family Smoking Prevention and Tobacco Con-trol Acts. These regulations are a scheme to extinguish If a shop is not successfully running their business tothe vaping industry, ultimately leading millions of support this industry, the ultimate hardships fall on the24 brēTH Magazine

consumer. Since the end user is the one that is most What Is The Consumer’s Role?publicly viewed, many challenging problems can ariseif a vape shop does not properly mentor their custom- An essential way to help cure this bad image is byers. This is essentially where the media spins their educating yourself and others, as well as holding shopsstories and creates propaganda. If a consumer harms accountable. It is hard to fight facts, and it empowersthemselves on faulty equipment, then vaping becomes others around you to have a realistic view of vaping.‘dangerous’ or ‘lethal’. Blowing large clouds in public Also, work within the local community by giving yourbecomes ‘unhealthy second hand vapor’. Intellectual business to shops that have the best interest of theProperty (IP) theft of established brands becomes ‘ap- industry at heart. Don’t support shops or manufactur-pealing to children’. This is now fed into the general ers that allow unsafe or unlawful practices, or thosepopulation and essentially confuses smokers on the not supporting advocacy efforts. Do reach out to yourbenefits of vaping. elected officials and let them know that you, their constituent, supports vaping.We’ve all seen the headlines, magazine articles, ‘healthstudies’ and campaigns against vaping. The constant Your personal story can sway the minds of many,bombardment of anti-vaping rhetoric is nothing more especially legislators. They understand that yourthan bad press and gives a negative outlook on the vote counts. Join or support an advocacy organiza-industry. Vapers are in a battle of ignorance daily. Not tion that fits your personal ideals. Look at your stateonly do they see the vaping industry at war with au- organization(s) – they can make you aware of issues inthoritarian agencies, but they also see conflicts within your home state. Most importantly, doing somethingthe industry itself. Let’s face the facts: smokers are is better than nothing. No one person can save thisthe future of the industry and the customer of tomor- industry, but we can play a significant role in endingrow. How are these people supposed to react when the unfair propaganda and confusion. It will take allthey finally see what’s going on? vapers, acting in unison, to ensure vaping stays around for smokers who have yet to make the switch. Have You Contacted YourCongressperson And Asked That They Co-Sponsor HR1136?Click Here To Find Your Representative Issue 1 May/June 2017 25

INNOVATION WITH AMNESIA By: Patrick Riffe #sonoflibertyradioI started vaping in 2011, back when vaping was an infant. Thetechnology was new and wonderful. That is not to say that in 2017 it still isn’t wonderful, but it is not the same.In 2011 everyone had to struggle. out a hand and help them find the path. It’s so easy now, we have advanced soThere weren’t thousands of flavors much since 2011. We have no excuseand hundreds of tanks and devices to not provide a pathway for smokersto choose from. Hell, we still call our to become vapers. Why aren’t we do-devices “mods” now even though we ing it?called them that because they weremodified flashlights or you had to There are plenty of people in thismodify them to make them better. You industry that have lost sight of wheredon’t have to modify anything anymore they started on the journey. Lots ofto find a good vape now. vape shops don’t stock simple devices that won’t scare a novice. If you makeI am not trying to sound like the crazy e-liquid do you make a simple tobaccoold fart down the street always chas- flavor? What about a higher concen-ing the kids of his yard, but new vapers tration of nic? Only 0, 3 and 6? Thetoday have it much easier than we did. first thing a thirty-year smoker will askIt was a struggle to rebuild cartos. You about when they walk into a vape shophad to hunt to find a good liquid. But, is, “Do you have anything that tastesit was worth it. We knew in our hearts like my Salems?” “Marlboro?” “Ciga-that we were saving ourselves from the rette?”. If your answer is, “No, I don’tgrips of smoking. We were passionate stock tobaccos because they don’t selland hungry for this miracle. New things well.” Or, “No, but I have a great fruitweren’t arriving every day like they are loops flavor.” You are not serving thenow. We had to wait for innovation. smoker.We weren’t running to the conveniencestore for a pack of smokes so it was What most people aren’t thinkingworth it. about is that the vapers of the future are the smokers of now. Much of thisThat is something many in this indus- industry has evolved, they’ve evolvedtry either didn’t experience, or have and changed to serve vapers. Theyforgotten. There are still smokers out sell products that appeal to vapers.there. They are waiting for us to reach You’ve evolved. You don’t vape like26 brēTH Magazine

you smoked. Smokers don’t want devices that at. They complain that higher nic e-liquid doesn’tgo up to 300 watts, they don’t want fruit loops, sell well. Of course, it doesn’t, high nic vapersthey don’t want something they have to rebuild. use less. So, they buy less.Smokers want something that resembles smok-ing and tastes enough like their cigarette that The shops have forgotten. Smokers are verythey can substitute. loyal. Most of us stuck to one brand. We smoked the same brand year after year. The onlyFinding that in the current industry is getting thing that will make a smoker change brand isharder and harder as the industry continues to price. Marlboro smokers will stick to that brandevolve. We call ourselves a “community”, but if they can afford it and only switch to anotherwe make it hard to bring in new members. If we red brand when the price gets too high. If yousee a smoker, we rush away so we don’t have provide a quality experience with a smoker onto smell them. We complain that we are forced conversion they will stick with you for a longto vape where the smokers smoke. Instead we time. They may evolve into a different state ofshould sit down and wait for one of them to vaping and you will sell them more gear, more e-make a comment or ask a question. It will hap- liquid. You will be successful in their success.pen. If you don’t offer what they want. They will goIf the current trend of innovation with amnesia somewhere that does fill their need or they willcontinues we will eventually fade away. Fewer continue to smoke and eventually die. That issmokers are adopting, many vapers are tran- not a failure we as an industry or “community”sitioning away to nothing and the market will should feel comfortable with. If we forget aboutshrink to nothing. We must try to embrace the smoker we have failed the most importantsmokers and offer them a solution to smoking. mission that we can undertake.While we fight the legislative battle, we mustalso begin to court the public. Our advocacy My name is Patrick Riffe and I am a vaper. I willefforts have remained in the vaping community fight for as long as it takes to save vaping for theand now more people than ever believe that lives of the smokers who will die if I fail.smoking is less dangerous than vaping. Thatmeans smokers believe that the cigarettes they “We have no excuseare smoking with thousands of carcinogens are to not provide abetter than vaping. If we continue to only edu-cate vapers this will only get worse. pathway for smokers to become vapers.Grandma, Uncle Fred, wives, cousins and friends Why aren’t wewill continue to die at the rate of 480,000 a year doing it?”if we continue to turn a blind eye. Stagnationis never a good thing and innovation is the life’s Issue 1 May/June 2017 27blood of our industry. We must continue to dowhat is necessary to grow without leaving thefuture of vaping behind.Innovation in areas of hardware that are simpleto use and provide the draw for a smoker withthe ability to advance are necessary. The newpod systems are a step in the right direction,however they need to be available, and afforda-ble. Shops aren’t picking them up because eitherthe price point is not right for them or they don’tuse enough e-liquid to justify selling them be-cause we all know e-liquid is where the money is