Latest / The Chuck ToddCast / Interview Only w/ Dr. Brian King - Decades of Anti-Tobacco Wins Are Being Reversed Under Trump
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- 0:00Speaker 1: This episode of The Chuck Podcast is brought to you
- 0:02Speaker 1: by Chapter. Now, almost everything you hear about medicare is
- 0:06Speaker 1: somebody quietly trying to steer you somewhere, and you're skeptical
- 0:12Speaker 1: of that, as you should be.
- 0:13Speaker 2: I get it.
- 0:14Speaker 1: I mean, there's a federal lawsuit going on right now
- 0:17Speaker 1: over exactly this companies that branded themselves as unbiased while
- 0:21Speaker 1: allegedly pointing people toward whatever would pay them the most,
- 0:25Speaker 1: as some sort of broker. So if your default is
- 0:28Speaker 1: to distrust everyone in this space, honestly, I get it.
- 0:31Speaker 1: I'm a bit distrustful these days myself. That's the whole
- 0:34Speaker 1: reason I want to tell you about Chapter. They're independent
- 0:37Speaker 1: medicare advisors whose entire model is that their advisors are
- 0:41Speaker 1: not paid to push any one plan. They're just trying
- 0:45Speaker 1: to help. Yes, there's compensation that goes with it, but
- 0:47Speaker 1: it's across the board is what they're trying to do.
- 0:50Speaker 1: At the end of the day, they're advocating for you.
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- 1:27Speaker 1: they'll help you fight it. They want to stay an
- 1:30Speaker 1: advocate for you even after you've done this.
- 1:33Speaker 2: So look, I get it.
- 1:35Speaker 1: I think there's all sorts of space. You see a
- 1:38Speaker 1: lot of people are throwing themselves in this healthcare space.
- 1:41Speaker 1: When I like about these Chapter folks, I've spent time
- 1:44Speaker 1: with them. This is a very transparent organization. It is Medicare,
- 1:49Speaker 1: and all of its affiliated stuff can be very confusing.
- 1:53Speaker 1: The whole point of this is to make this easier
- 1:56Speaker 1: and less confusing. Okay, so look, take this cup deicism
- 2:00Speaker 1: you already have in all of this, pointed at your
- 2:02Speaker 1: own plan for twenty minutes. It's free, there's no pressure,
- 2:06Speaker 1: and then call Chapter today at nine eight zero seven
- 2:09Speaker 1: three four three.
- 2:11Speaker 2: Nine eight five.
- 2:17Speaker 1: So for most of my lifetime, fighting tobacco has been
- 2:20Speaker 1: one of the great bipartisan public health success stories in America.
- 2:24Speaker 1: Think about where we started in nineteen sixty five. More
- 2:27Speaker 1: than four and ten Americans smoke cigarettes today fewer than
- 2:31Speaker 1: one intended. That's one of the most dramatic improvements in
- 2:35Speaker 1: public health this country has ever seen. It didn't happen
- 2:38Speaker 1: because one law changed everything. It happened because of decades
- 2:41Speaker 1: of policy. Congress required warning labels, States raised cigarette taxes.
- 2:46Speaker 1: Smoking disappeared from airplanes, restaurants, office buildings. Tobacco companies were sued.
- 2:51Speaker 1: In two thousand and nine, Congress gave the FDA broad
- 2:54Speaker 1: authority to regulate tobacco products, including how they're marketed and sold,
- 2:59Speaker 1: and government got remarkably good at helping people quit smoking.
- 3:03Speaker 1: If you're old enough, you remember the CDC's tips from
- 3:07Speaker 1: Former Smoker's campaign. The commercials were not subtle. Sometimes you
- 3:12Speaker 1: looked away, people spoke through tracheotomies, cancer survivors talked about
- 3:16Speaker 1: what smoking had taken from them. They were incredibly uncomfortable
- 3:20Speaker 1: to watch, which was the point, and the results were extraordinary.
- 3:23Speaker 1: Research is estimated that the campaign itself generated more than
- 3:27Speaker 1: two million additional calls to one eight hundred quit Now
- 3:32Speaker 1: the eight hundred number that helped produce over one million
- 3:35Speaker 1: successful quits, prevented and estimated one hundred and twenty nine
- 3:38Speaker 1: thousand premature deaths and save roughly seven point three billion
- 3:43Speaker 1: dollars in healthcare costs. Folks, it's an astonishing return on
- 3:47Speaker 1: investment for a government led public health campaign. But here's
- 3:50Speaker 1: where the story has changed. Over the past year. Much
- 3:52Speaker 1: of the federal tobacco control infrastructure has been quietly dismantled.
- 3:57Speaker 1: The CDC's Office on Smoking and Health, the office that
- 4:00Speaker 1: coordinated much of this work that I just described, effectively eliminated.
- 4:04Speaker 1: The national Tips campaign, has largely disappeared. State quit lines
- 4:09Speaker 1: report dramatically fewer calls without the constant national ad campaigns, and,
- 4:15Speaker 1: in an irony that almost sounds made up, when adults
- 4:17Speaker 1: smoking recently fell below ten percent, that milestone was not
- 4:22Speaker 1: even announced or celebrated by the CDCs tobacco experts. It
- 4:25Speaker 1: was highlighted through outside research because many of those experts
- 4:29Speaker 1: were no longer in government. Now there's one more side
- 4:32Speaker 1: of this debate. The administration and many harm reduction advocates
- 4:35Speaker 1: have been arguing that the real goal should be moving
- 4:37Speaker 1: adult smokers away from combustible cigarettes toward products like e
- 4:42Speaker 1: cigarettes or nicotine pouches like zin right, which many researchers
- 4:47Speaker 1: believe are substantially less harmful than smoking. They're still kind
- 4:50Speaker 1: of harmful. Some of the same advocates actually criticize my
- 4:54Speaker 1: guest today when he ran the fbaida's Tobacco Center, arguing
- 4:58Speaker 1: he was too restrictive in improving these products. It's an
- 5:00Speaker 1: important perspective to keep in mind because here's what has
- 5:03Speaker 1: raised eyebrows. Tobacco companies dramatically increase their political giving and
- 5:08Speaker 1: gained access to senior administration officials, and they also won
- 5:12Speaker 1: a series of significant regulatory victories from the FDA.
- 5:16Speaker 2: Now, does one prove the other.
- 5:19Speaker 1: No, correlation isn't necessarily causation. But hey, we've all been
- 5:24Speaker 1: in this rodeo in Washington before. But the timeline is
- 5:27Speaker 1: striking enough that it's worth examining carefully. And that's why
- 5:30Speaker 1: I wanted to have this conversation. My guest today's Brian King,
- 5:33Speaker 1: who until last year directed the FDA's Center for Tobacco Products,
- 5:37Speaker 1: the exact office responsible regulating cigarettes, vaping products, and nicotine patches.
- 5:43Speaker 1: For that, he was in senior leadership with the CDC's
- 5:45Speaker 1: offices Smoking in Health, So needless to say, he's been
- 5:48Speaker 1: on the front lines of this. What was an incredible
- 5:51Speaker 1: success story that in the last eighteen months is now
- 5:55Speaker 1: getting called into questions. So I want to get it
- 5:57Speaker 1: into that. So Brian, welcome to the podcast, and let
- 6:00Speaker 1: me just.
- 6:00Speaker 2: Start with I wanted to frame the conversation this way.
- 6:06Speaker 2: What I leave out now, I think you covered it nicely.
- 6:09Speaker 2: We've made considerable progress reducing cigarettes smoking this country, I think,
- 6:13Speaker 2: one of the greatest public health achievements of the past century.
- 6:16Speaker 2: But in recent months we've seen corporate capture of key
- 6:20Speaker 2: regulatory activities by the federal government and also elimination of
- 6:24Speaker 2: our boots on the ground doing work to address what
- 6:26Speaker 2: remains the nation's leading preventable cause of disease and death.
- 6:30Speaker 2: So highly problematic and simply unprecedented.
- 6:33Speaker 1: So look, you've been focused on this and you're quite
- 6:37Speaker 1: frustrated by it. I think that's why you're trying to
- 6:40Speaker 1: sort of sound the alarm here. So walk me through
- 6:43Speaker 1: here what happened, right, I mean, let's get into some
- 6:46Speaker 1: specifics here. We had the donations, you had White House access,
- 6:49Speaker 1: you had mar lago meetings, FDA approvals. This is more
- 6:56Speaker 1: than a circumstantial case, right.
- 6:58Speaker 2: Yeah, when you look at ultimately what has occurred, most
- 7:02Speaker 2: of the activities started in terms of FDA actions and
- 7:06Speaker 2: response to some of this industry pressure earlier this year.
- 7:09Speaker 2: And so in March of this year, the agency issued
- 7:12Speaker 2: a guidance which indicated that they were more responsive to
- 7:15Speaker 2: authorizing flavoredy cigarettes. And so, in the past, the agency
- 7:20Speaker 2: followed of the strict science and was only willing to
- 7:22Speaker 2: authorize flavors if the applicant provided the sufficient a scientific
- 7:27Speaker 2: evidence to show that it was better than tobacco flavor,
- 7:29Speaker 2: which we know tobacco flavor isn't appealing to kids, and
- 7:32Speaker 2: so to document that they've met the scientific bar, you
- 7:36Speaker 2: have to show that your product is more effective than
- 7:38Speaker 2: tobacco to help an adult smoke or transition completely. And
- 7:41Speaker 2: so the agency in March issued a guidance basically saying, Wow,
- 7:44Speaker 2: we're going to open the door a little farther and
- 7:45Speaker 2: we're going to base our decisions on maybe certain flavors
- 7:50Speaker 2: are better than others. And they highlighted mint and spice,
- 7:56Speaker 2: and they said that you know, flavors like fruit are
- 7:59Speaker 2: still probably about two thirds of kids use those products.
- 8:02Speaker 2: And they also said that age gating technology wasn't necessarily
- 8:05Speaker 2: a panacea, and so technology they would prevent people from
- 8:08Speaker 2: accessing based on age was promising, but there was inconclusive evidence.
- 8:12Speaker 2: And so since the release of that guidance, you then
- 8:15Speaker 2: saw a matter of a couple weeks later authorization of
- 8:19Speaker 2: a brand of e cigarets cult Glass, which is a
- 8:21Speaker 2: California company, and they authorized them in fruit flavors, which
- 8:24Speaker 2: is the most commonly used flavor among kids, and basically
- 8:27Speaker 2: said that agegating was the golden ticket to get that authorization,
- 8:31Speaker 2: and so it was a complete pivot from what had transpired.
- 8:34Speaker 2: But what occurred only a couple days prior was a
- 8:37Speaker 2: meeting out of Florida golf course between the administration, the President,
- 8:42Speaker 2: and key executives from several tobacco companies where they basically
- 8:46Speaker 2: pressured the administration to do more to be responsive to
- 8:50Speaker 2: the tobacco industry's interest. And so only a matter of
- 8:53Speaker 2: days later you had the FDA Commissioner resign over this.
- 8:56Speaker 2: You had them completely buckle and turn and authorize these
- 9:00Speaker 2: these products. And then only a couple of days later.
- 9:03Speaker 2: From there, you then had a new guidance that was
- 9:06Speaker 2: issued that basically said, they're going to be more lenient
- 9:08Speaker 2: to the tobacco industry and if certain companies are far
- 9:11Speaker 2: enough in the application review process, they are not going
- 9:14Speaker 2: to take any enforcement action against them, and even further,
- 9:17Speaker 2: they're going to issue a list to the public saying
- 9:19Speaker 2: these are the industry players that were were willing, you know,
- 9:23Speaker 2: to allow to be on the market illegally while their
- 9:26Speaker 2: applications remain under review. So a lot has transpired, but
- 9:30Speaker 2: the bottom line is the dislodged after corporate capture and
- 9:34Speaker 2: also a series of donations that have been made by
- 9:36Speaker 2: industry over you know, many years, but also to the
- 9:41Speaker 2: superpack for the current administration, as well as a five
- 9:44Speaker 2: million dollar donation before that meeting that occurred at the
- 9:47Speaker 2: golf course in Florida with the President in May.
- 9:51Speaker 1: Look, I think the it's you know, what you just
- 9:55Speaker 1: outlined is sort of just another day in Washington, right.
- 9:58Speaker 1: I Mean, I hate to say that, but it's like
- 9:59Speaker 1: this is, you know, I teach a class for a
- 10:03Speaker 1: USC in my fourth year teaching it the next the
- 10:06Speaker 1: next in the spring semester, which is how Washington works.
- 10:10Speaker 2: And you just described one way.
- 10:11Speaker 1: Washington works, right, but that is that is you know,
- 10:15Speaker 1: I my joke to the kids are like Washington's always
- 10:18Speaker 1: working for somebody. You know, My job as a reporter
- 10:20Speaker 1: was to figure out for who, right, and your job
- 10:22Speaker 1: as a citizen is to try to make.
- 10:24Speaker 2: It work for everybody.
- 10:25Speaker 1: So that you know, there's nothing about this story that
- 10:29Speaker 1: feels like unfamiliar to how the Trump administration acts. So,
- 10:33Speaker 1: but let's talk about that the health harm here have
- 10:41Speaker 1: it feels as if like we've just there's this conclusion
- 10:44Speaker 1: now that it was the smoke itself that was the
- 10:47Speaker 1: cause that the health concern, and that if you imbibe
- 10:52Speaker 1: tobacco and nicotine in other ways, it's okay, what's the
- 10:56Speaker 1: actual health.
- 10:59Speaker 2: Data on that topic? So when you look at tobacco products,
- 11:03Speaker 2: they exist on a continuum of risk, with cigarettes smoking
- 11:06Speaker 2: being the most deadly. So cigarette contains seven thousand chemicals
- 11:10Speaker 2: seventy carcinogens, aargably one of the most deadly consumer products
- 11:14Speaker 2: known to mankind, still killing.
- 11:16Speaker 1: Let's do this can't compare? Why is a cigarette so
- 11:18Speaker 1: much more deadly than a cigar?
- 11:21Speaker 2: So both are combustible products, so both have risk. And
- 11:24Speaker 2: so anytime you inhale toxins into your lungs, which are
- 11:28Speaker 2: meant for clean air, there's going to be risked. And
- 11:30Speaker 2: so combustible products in general are at the highest end
- 11:33Speaker 2: of that continuum, and.
- 11:34Speaker 1: That includes cannabis. That includes right, whether it's.
- 11:37Speaker 2: Anytime anything exactly the lungs are intended for for clean air. Right.
- 11:42Speaker 2: What makes the cigarette worse? Though? What is it the cigarette?
- 11:46Speaker 2: Not only is it products of combustion, but the tobacco
- 11:50Speaker 2: industry has put other ingredients into those products over many
- 11:54Speaker 2: years to make them more deadly and more addictive. And
- 11:58Speaker 2: so although nicotine is not the drug in these products
- 12:02Speaker 2: that is causing the death and disease directly, it's certainly
- 12:05Speaker 2: the highly addictive agent that is causing people to continue
- 12:08Speaker 2: to come back for more. And so when it comes
- 12:11Speaker 2: to cigarette smoking, seven thousand chemicals seventy carcinogens nearly harms
- 12:15Speaker 2: every organ of the body, including twelve types of cancer,
- 12:19Speaker 2: and so the risk is very well established. That said,
- 12:22Speaker 2: we've seen new products enter the market that are lower risk,
- 12:25Speaker 2: but that doesn't mean no risk, and that includes these
- 12:29Speaker 2: cigarettes and nicotine pouches and others. And it also doesn't
- 12:32Speaker 2: mean that particularly vulnerable populations like kids should be using
- 12:35Speaker 2: these products. Kids should not be using any tobacco products,
- 12:37Speaker 2: and those who aren't already using them certainly shouldn't start.
- 12:40Speaker 2: And when it comes to nicotine, it's a highly addictive drug.
- 12:43Speaker 2: It can harm the developing adolescent brain, which continues to
- 12:46Speaker 2: develop until about age twenty five, and it can also
- 12:49Speaker 2: prime the brain for addiction to other drugs. And so
- 12:51Speaker 2: nicotine is not a completely risk free a drug. It's
- 12:56Speaker 2: something we use in therapies like nicotine replacement patch and
- 12:59Speaker 2: others to get pull off nicotine in the long term,
- 13:01Speaker 2: but it's not something that we should be introducing the
- 13:04Speaker 2: population to unless it's for the purposes of an FDA
- 13:08Speaker 2: approved a therapeutic purpose or FDA authorized Look.
- 13:12Speaker 1: When I was a kid, my parents were concerned about
- 13:14Speaker 1: too much caffeine consumption when I was ten or eleven,
- 13:17Speaker 1: let alone nicotine consumption. What is the level of you know,
- 13:21Speaker 1: you know, we're worried about kids with nicotine. What would
- 13:23Speaker 1: you say about just caffeine.
- 13:25Speaker 2: Yeah, it's not a direct apples to apples comparison when
- 13:29Speaker 2: you look at the way that both of those function
- 13:31Speaker 2: in the body. There's different safety profiles, there's different pharmacodynamic
- 13:35Speaker 2: profiles and ultimately different risk profiles in the long run.
- 13:39Speaker 2: And so it's not a direct apples to apples when
- 13:43Speaker 2: it comes to nicotine. And we know that there are
- 13:45Speaker 2: inherent risks, particularly to kids, and we also know you
- 13:48Speaker 2: know that it's you know, something that can increase cardiovascular
- 13:52Speaker 2: risk as well, particularly in chronic exposure. So it's not
- 13:55Speaker 2: just the addiction and the impact on the developing ls
- 13:57Speaker 2: and brain, but also in the long term, even for adults,
- 14:00Speaker 2: there's profound cardiovascular risk. And so you know, bottom line
- 14:04Speaker 2: is adult smokers, if they transition completely from a cigarette
- 14:08Speaker 2: to these products, it would be a benefit to that individual.
- 14:11Speaker 2: But the end of goal should be to get off
- 14:12Speaker 2: completely and in the meantime that can't come at the
- 14:14Speaker 2: expensive kids.
- 14:15Speaker 1: Well, you know, and this to me seems to be
- 14:17Speaker 1: the conundrum, which is, if you're a chain smoker, vaping
- 14:22Speaker 1: and nicotine pouches are an improvement, right, you'd rather have
- 14:27Speaker 1: grandma or grandpa pet Can we get you off the winstons?
- 14:31Speaker 1: Can we get you you know, using some zen? But
- 14:35Speaker 1: it does seem as if we have we passed, you know,
- 14:39Speaker 1: when smoking was more of a recent phenomenon that made sense.
- 14:42Speaker 1: We're now, arguably, what do we.
- 14:45Speaker 2: Are?
- 14:46Speaker 1: We twenty five years into the pouch thing and we're
- 14:51Speaker 1: about fifteen years of mainstreaming vapes.
- 14:54Speaker 2: What would you say? So, yeah, you said it's entered
- 14:56Speaker 2: the US market around in two thousand and eight. Okay, So.
- 15:02Speaker 1: To me, the concern would be that it now is
- 15:04Speaker 1: actually it's been so long, and that it turns into
- 15:08Speaker 1: a gateway back to smoking.
- 15:10Speaker 2: Is there any evidence of that? So if you look
- 15:12Speaker 2: at the preponerance of the science, know that doesn't mean
- 15:15Speaker 2: that it's not happening. But when we look at the
- 15:18Speaker 2: longitudinal evidence, which is what follows people over time, it
- 15:21Speaker 2: does not peer based on the existing literature that it's
- 15:24Speaker 2: a transition to smoking. But that still doesn't negate the
- 15:28Speaker 2: inherent risk of using the product, particularly among kids, and
- 15:32Speaker 2: so you know, ultimately it's important to look at the
- 15:34Speaker 2: preponderance of the evidence. But even if it's not leading
- 15:37Speaker 2: kids to smoke, they still shouldn't be exposed to nicotine
- 15:40Speaker 2: and the adverse effects of these products, and all the
- 15:43Speaker 2: more reason why we need a well regulated marketplace to
- 15:45Speaker 2: make sure that only those products that are actually going
- 15:47Speaker 2: to help adult smokers transition completely are the ones that
- 15:51Speaker 2: are authorized on the market, and that's why that FDA
- 15:53Speaker 2: review is so critical, and enforcement is also essential to
- 15:56Speaker 2: get the products that aren't authorized by FDA off the market.
- 16:00Speaker 1: So look, I you know, I remember Trump was was
- 16:05Speaker 1: I think it was he was trying because it had
- 16:08Speaker 1: been a big sort of there had been some advocates
- 16:10Speaker 1: in the sort of megaspace about hey, the flavored vapes
- 16:14Speaker 1: and the flavor, you know, please bring it back, bring
- 16:16Speaker 1: it back. So this has always felt like there is
- 16:19Speaker 1: a constituency in his political base that has been agitating
- 16:24Speaker 1: for this for some time.
- 16:25Speaker 2: Has it not? Oh yeah, there's certainly been pressure on
- 16:28Speaker 2: FDA for for many years. I think you know what's
- 16:31Speaker 2: different here is that you actually have the administration acting
- 16:35Speaker 2: on it and following you know, very flagrant political donations
- 16:40Speaker 2: and pressures. And you know, having served in the US government,
- 16:43Speaker 2: I'll say that there was always White House interest and
- 16:45Speaker 2: tobacco work. You know, it's the leading cause of preventical
- 16:48Speaker 2: disease and depth. You know, I would question if an
- 16:50Speaker 2: administration's health insurance services didn't have interest in that. But
- 16:53Speaker 2: what we're seeing now isn't just interest, it's interference. And
- 16:57Speaker 2: I think that it's also highly ironic because you have
- 17:00Speaker 2: a health department that's basically priding itself on being anti
- 17:03Speaker 2: corporate capture and championing, you know, efforts to prevent chronic disease,
- 17:08Speaker 2: and in this case, you've got both happening with corporate
- 17:11Speaker 2: capture and not doing anything to address the leading cause
- 17:14Speaker 2: of preventable disease in the country.
- 17:16Speaker 1: So I'm trying to put myself in the shoes of
- 17:19Speaker 1: Altria here or any of the tobacco companies, and you know,
- 17:23Speaker 1: I'm trying to continue to grow my business. I'm just
- 17:25Speaker 1: like being very cynical and transactional here. As I'm thinking
- 17:28Speaker 1: this through, I would think it's in their interest to,
- 17:32Speaker 1: you know, at this point they pivoted their business to
- 17:36Speaker 1: I assume, you know, exporting cigarettes internationally and trying to
- 17:43Speaker 1: essentially corner the domestic market on the on the nonsmokable
- 17:46Speaker 1: tobacco products, right, whether it's the pouches, the vapes, the SIGs,
- 17:50Speaker 1: et cetera. So isn't it I could make a case
- 17:55Speaker 1: that it's actually in the domestic tobacco company's best interest
- 17:58Speaker 1: to continue the anti smoking campaigns, to continue the transition
- 18:04Speaker 1: of my two packa day people I want to not
- 18:08Speaker 1: only now, I'm fine with them quitting because I can
- 18:11Speaker 1: transition them to my growth business over here. So again
- 18:15Speaker 1: I'm being cynical transactional business guy here. That's the part
- 18:20Speaker 1: that's a head scratcher to me. Why get rid of
- 18:22Speaker 1: this ad campaign?
- 18:24Speaker 2: Yeah, well, it's contra productive to common sense and also
- 18:28Speaker 2: public health. You know, there's certainly been you know, vocal
- 18:32Speaker 2: attention from industry indicating that they want to transition people
- 18:35Speaker 2: to lower risk alternatives. But in the same breath, many
- 18:39Speaker 2: of them are still selling cigarettes, making massive amounts of money.
- 18:43Speaker 1: How much of their bottom line is the actual old
- 18:46Speaker 1: fashioned cigarette It varies by the company, but for many
- 18:50Speaker 1: it's still the majority of their portfolio and in some
- 18:53Speaker 1: cases most. And is it more international than domestic these days?
- 18:57Speaker 1: I mean, you know, Asia, you see a lot of
- 19:00Speaker 1: cigarettes smoking.
- 19:00Speaker 2: Yeah, it's certainly you see far more marketing, you know,
- 19:04Speaker 2: for cigarettes, you know, internationally, but even in the US
- 19:06Speaker 2: you have companies that are heavily promoting It's about a
- 19:08Speaker 2: million dollars an hour is still being spent to advertise
- 19:11Speaker 2: cigarettes in the United States alone, So it's not going away.
- 19:14Speaker 2: And you've also seen adapting to regulations. So you know
- 19:17Speaker 2: now that they can't advertise on television and radio. You
- 19:21Speaker 2: know now you've seen shift to point of sale at
- 19:23Speaker 2: convenience stores, you've seen electronic promotion through the Internet and
- 19:29Speaker 2: social media. But all that said, you have this irony
- 19:32Speaker 2: because if the goal is really to transition people, you're
- 19:35Speaker 2: seeing the industry fight tooth and nail at the federal
- 19:38Speaker 2: level and the state and local level to basically prevent
- 19:40Speaker 2: policies from going in place they would actually help people
- 19:43Speaker 2: stop smoking. So graphic warning labels, the industry has been
- 19:46Speaker 2: litigating that for over a decade in this country, when
- 19:49Speaker 2: over one hundred countries have already done it. Then there's
- 19:51Speaker 2: a strong evidence space pushing back against the menthol role
- 19:54Speaker 2: that the Bidenair administration wanted implement all actions that would
- 19:57Speaker 2: reduce smoking. And so, if you really want to help
- 20:00Speaker 2: people transition away, it's not just creating a product that
- 20:02Speaker 2: will make you money, it's also creating an environment with
- 20:05Speaker 2: policies that will actually drive people to quit or transition
- 20:08Speaker 2: to those lower risk alternatives. And that's where you have that,
- 20:12Speaker 2: you know, complete conflict of actual action when it comes
- 20:15Speaker 2: to the industry.
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- 22:00Speaker 1: in Louisiana.
- 22:06Speaker 2: They clearly they wanted this ad campaign to end. Well,
- 22:10Speaker 2: we can't connect the dots precisely, but I think that
- 22:15Speaker 2: the tobacco industry is certainly not perturbed that the campaign
- 22:20Speaker 2: is off the airwaves. It was highly effective on the
- 22:23Speaker 2: airways for over a decade, has helped over a million
- 22:25Speaker 2: Americans quit smoking, and was part of CDC's Office on
- 22:28Speaker 2: Smoking Health. It is now has been completely eliminated. Those
- 22:31Speaker 2: staff are not brought back. They're currently on administrative leave.
- 22:34Speaker 2: They're protected by litigation by the state's attorney general, but Ultimately,
- 22:38Speaker 2: that was the office responsible for monitoring youth tobacco use
- 22:41Speaker 2: in this country through the National Youth Tobacco Survey. They
- 22:44Speaker 2: responsible for the TIPS campaign. They gave grants to all
- 22:47Speaker 2: fifty states to do tobacco prevention and control work across
- 22:50Speaker 2: the country, and they also did you critical work in
- 22:54Speaker 2: terms of just surveillance and science, and so all of
- 22:56Speaker 2: that is now not happening, which is certainly a detriment
- 22:59Speaker 2: to the public health of this country. And that's the
- 23:01Speaker 2: ultimately casualty of this. It's the American people because now
- 23:05Speaker 2: you have the office responsible for addressing the leading cause
- 23:07Speaker 2: of prevental disease and death that has now been completely
- 23:10Speaker 2: sidelined and eliminated.
- 23:11Speaker 1: Given that there is an alternative to get your nicotine
- 23:16Speaker 1: in a variety of ways, why is the old fashioned
- 23:20Speaker 1: cigarette legal?
- 23:23Speaker 2: So it all comes back to bipartisan legislation. So if
- 23:27Speaker 2: you look at the two thousand and nine Tobacco Control Act,
- 23:30Speaker 2: which was bipartisan bi cameral, that was the first time
- 23:32Speaker 2: FDA got the authority to regulate tobacco in this country.
- 23:36Speaker 2: That law specifically prohibits the FDA from banning any product class,
- 23:41Speaker 2: including cigarettes, and it also prohibits the agency from reducing
- 23:45Speaker 2: nicotine levels to zero. It doesn't prevent the agency from
- 23:49Speaker 2: reducing it to minimally addictive levels, which the last administration
- 23:52Speaker 2: in the waning hours, released a proposal for that, which
- 23:55Speaker 2: the current administration has now done away with. But you know,
- 23:58Speaker 2: if you remove that highlyve agent, that would prevent people
- 24:01Speaker 2: from coming back for more. But ultimately it comes down
- 24:04Speaker 2: to what is the regulatory structure in the United States,
- 24:07Speaker 2: And based on that bipartisan legislation, there was parameters in
- 24:11Speaker 2: that law that prevented the agency from out white banning
- 24:14Speaker 2: entire product classes, including cigarettes.
- 24:17Speaker 1: Well, and this is where I would come in and say,
- 24:20Speaker 1: remember how many people in the state of how many
- 24:24Speaker 1: elected officials from the states of Kentucky and Virginia in
- 24:28Speaker 1: North Carolina three very tobacco three tobacco states who have
- 24:33Speaker 1: influence in Congress. So what you just outlined there and
- 24:37Speaker 1: those three states, And certainly there was biparties of people,
- 24:40Speaker 1: including leadership like Mitch McConnell, So I could picture how
- 24:43Speaker 1: they say, well, you can't get we can't you know,
- 24:46Speaker 1: totally kill our tobacco farmers and all of this. You
- 24:51Speaker 1: know what would happen to tobacco farmers of cigarettes were
- 24:54Speaker 1: the old fashioned cigarette was essentially.
- 24:58Speaker 2: Banned. Well, what we've seen in other countries and also
- 25:02Speaker 2: domestically is over the years, as cigarette smoking has gone down,
- 25:05Speaker 2: that you've seen transition into other types of farming. And
- 25:09Speaker 2: so people have been able to transition successfully and they've
- 25:12Speaker 2: also transitioned into other areas. And you also continue to
- 25:15Speaker 2: have a need for nicotine, tobacco derived nicotine for things
- 25:19Speaker 2: like nicotine replacement therapy and FDA approved therapeutics with the
- 25:23Speaker 2: intent of getting people off. You still need the tobacco
- 25:26Speaker 2: leaf for that. Yeah, so more recently you can produce
- 25:29Speaker 2: nicotine synthetically, but the vast majority of nicotine out there
- 25:34Speaker 2: is extracted directly from the tobacco plant. That's the cheapest
- 25:37Speaker 2: way to get it. The price has gone down in
- 25:40Speaker 2: recent years to create synthetic in the lab, but it's
- 25:42Speaker 2: still pretty pricey, and so most people are still using
- 25:45Speaker 2: the old nicotine derived tobacco from the tobacco.
- 25:48Speaker 1: You know, I think about our history, right, we're both
- 25:53Speaker 1: as a society, we're both libertarian and puritan sort of
- 26:00Speaker 1: have these cross currents, and it's it's always been constant, right,
- 26:03Speaker 1: our puritan side showed up during prohibition, right or libertarian
- 26:07Speaker 1: side shows up in all of these you know, cannabis
- 26:10Speaker 1: laws that have been popping up by state and stuff.
- 26:14Speaker 1: But when you look, I mean, you know, we have
- 26:17Speaker 1: this sided. You know, for instance, hey, there's a level
- 26:21Speaker 1: of alcohol you're allowed to sell, right, you know, you
- 26:26Speaker 1: can find one fifty one proof stuff and all, but
- 26:29Speaker 1: there is a there is we we sort of set
- 26:33Speaker 1: some limits here and so, which means essentially we got
- 26:38Speaker 1: rid of the worst versions of alcohol that could prove
- 26:42Speaker 1: deadly or whatever it is. Is that where we should
- 26:47Speaker 1: head with a cigarette? Can you can you get it
- 26:50Speaker 1: down to where you even have just less and less
- 26:53Speaker 1: and less. You still allow the addictive product.
- 26:55Speaker 2: But less of it, well, certainly, And that's where I
- 26:58Speaker 2: think the nicotine standard in which you know, folks talk
- 27:01Speaker 2: about harm reduction, and I would argue that is the
- 27:03Speaker 2: single most effective population based harm reduction policy you could
- 27:06Speaker 2: implement for tobacco. If you reduce the addictivation to minimally
- 27:10Speaker 2: addictive or non addictive levels, you are going to prevent
- 27:13Speaker 2: the primary ingredient that's bringing people back. And so that's
- 27:16Speaker 2: going to prevent initiation. It's going to promote cessation and
- 27:19Speaker 2: it's going to reduce likelihood of relapse. And so when
- 27:21Speaker 2: it comes to cigarettes, no other country has been able
- 27:24Speaker 2: to do that. The US would have been the first
- 27:26Speaker 2: out of the gate, and that would have been a
- 27:28Speaker 2: consequential strategy. And you can also do other things around
- 27:31Speaker 2: ingredient regulation as well, and so prohibiting menthol would be
- 27:34Speaker 2: a great example. That's the last flavor that was available.
- 27:38Speaker 2: All other flavors were banned with that Tobacco Control Act
- 27:40Speaker 2: in two thousand and nine except menthol, But that's you know,
- 27:43Speaker 2: still being used, and it's particularly prominent among African American
- 27:47Speaker 2: populations where you that was.
- 27:49Speaker 1: Pressure that was applied to Biden, don't do it because
- 27:52Speaker 1: of that.
- 27:52Speaker 2: It was part of that.
- 27:53Speaker 1: I mean, this is where you've seen bipartisan constituency sort
- 27:58Speaker 1: of fears, right, fears of of alienating a specific constituency,
- 28:02Speaker 1: whether it's the the manosphere right with the flavored stuff,
- 28:07Speaker 1: African American community with menthol. I want to talk about
- 28:10Speaker 1: the flavor issue here minute, because I know this is
- 28:13Speaker 1: going to sound a little almost shallow, but the fact is,
- 28:19Speaker 1: adults I have migrated more to right sugary or fruity
- 28:28Speaker 1: standards when it comes to imbibing their caffeine, when it
- 28:31Speaker 1: comes to imbibing their alcohol, imbibing the cannabis if you're
- 28:37Speaker 1: you know, hemp derived drinks, all this stuff. So there's
- 28:40Speaker 1: this whole movement among marketing to adults to market fruit
- 28:44Speaker 1: flavors and to market all this. So is it make it?
- 28:49Speaker 1: I mean, how if I'm just putting myself in the company, like, hey,
- 28:54Speaker 1: there is adult demand for these flavors. Is there another
- 28:59Speaker 1: way we can put some sort of safeguard here away
- 29:04Speaker 1: from kids? Is there marketing stuff that I'll embrace as
- 29:08Speaker 1: a company if you'll let me still market blueberry and
- 29:11Speaker 1: mango because I have a customer base that really launts
- 29:15Speaker 1: blueberry and mango, and hey, they're in their thirties.
- 29:19Speaker 2: Yeah. Well, I think that's where effective regulation comes in place.
- 29:22Speaker 2: And I think Congress got it right with the Tobacco
- 29:24Speaker 2: Control Act where they basically required FDA to weigh the
- 29:27Speaker 2: benefits and the risks of these products on the population
- 29:31Speaker 2: of as a whole and making determinations throughout authorization. And
- 29:34Speaker 2: that includes benefits of what are the products that will
- 29:37Speaker 2: most help an adult smoker transition completely, but also the
- 29:40Speaker 2: risks of initiation, particularly among kids, and so in doing that,
- 29:43Speaker 2: you have to look at that big picture view. And
- 29:45Speaker 2: so when it comes to flavors in the past, the
- 29:48Speaker 2: agency said, well, you know, we'll authorize menthol because we
- 29:51Speaker 2: know it's lower appeal among kids and that these applicants
- 29:55Speaker 2: have shown the product actually helps adult smoker's transition completely
- 29:59Speaker 2: because they don't all do do that, they're not all
- 30:01Speaker 2: efficient at nicotine delivery. But on balance, they said, but
- 30:04Speaker 2: we know that these particular flavors are most appealing among kids,
- 30:08Speaker 2: and so we've got to keep those, you know, very
- 30:12Speaker 2: stringently regulated and make sure we're not flooding the market
- 30:15Speaker 2: with those products and authorizing them. And so you saw
- 30:18Speaker 2: a shift. You know, the former FDA commissioner agreed with
- 30:22Speaker 2: that purview in terms of, you know, make sure we're
- 30:24Speaker 2: not introducing flavors they're going to be particularly problematic to kids.
- 30:28Speaker 2: And now you've seen a reversal, and you've also seen
- 30:31Speaker 2: i think jumping the gun on of existing science. We
- 30:36Speaker 2: don't really know a lot about age gating technology yet,
- 30:39Speaker 2: but you had an authorization based on a single application
- 30:41Speaker 2: without really understanding you know, is this really a panacea,
- 30:45Speaker 2: Is it really going to help prevent kids from using
- 30:47Speaker 2: the products when you know, the reality is you have
- 30:49Speaker 2: kids who can hack an iPhone and you know less
- 30:51Speaker 2: than a minute. And so following the science and doing
- 30:54Speaker 2: everything you can to optimize benefit for efficient nicotine delivery products,
- 30:58Speaker 2: but not doing so in a way that you're opening
- 31:00Speaker 2: the floodgates to increase youth risk.
- 31:02Speaker 1: So let me tell you about Mike's hard lemonade. How's
- 31:06Speaker 1: that not targeting youth kids?
- 31:09Speaker 2: Well, you certainly have promotion across a variety of risk factors.
- 31:13Speaker 2: And I'm not going to compare one public health risk
- 31:15Speaker 2: factor to another.
- 31:16Speaker 1: No, I understand that, But that is I mean to me,
- 31:18Speaker 1: you know, oh lemon a right? Like it is like
- 31:24Speaker 1: the same argument being made about these tobacco products and
- 31:27Speaker 1: the flavors. Well, my goodness, the entire alcohol industry has
- 31:31Speaker 1: gone to the fruit side of things.
- 31:34Speaker 2: Yeah, and kids shouldn't be using those products either. We
- 31:36Speaker 2: have agent sale requirements, we have laws, we have regulation,
- 31:40Speaker 2: and when it comes, you know, to tobacco products, that
- 31:43Speaker 2: regulation is clear and it's important that we obey the law.
- 31:46Speaker 2: You know, we follow the science and we tell the truth.
- 31:48Speaker 2: And that's been a central tenants for FDA for many years,
- 31:51Speaker 2: and it's critical that that continue.
- 31:55Speaker 1: I keep hearing the phrase age gating technology. It sounds fancy.
- 32:00Speaker 2: Explain. So age getting technology is basically uh in device
- 32:09Speaker 2: technology that would prevent an underage person from accessing the product.
- 32:13Speaker 2: And so that can be done with biometrics, it can
- 32:15Speaker 2: be done with you know, other entry of information such
- 32:19Speaker 2: as you know, scanning of license and others.
- 32:22Speaker 1: And to actually open the product, like every time I
- 32:25Speaker 1: opened the zin canister I've done.
- 32:28Speaker 2: This is for cigarettes. This is specifically cret okay, yeah,
- 32:31Speaker 2: and so e cigarettes are you know, electronic products, and
- 32:34Speaker 2: so in order to actually trigger the inhalation mechanism, you
- 32:38Speaker 2: you know, need to input information or other biometrics that
- 32:43Speaker 2: would allow it to function. You know. That's said, this
- 32:45Speaker 2: is a relatively new thing, and this first authorization from
- 32:49Speaker 2: FDA was based on, you know, a single application that
- 32:53Speaker 2: provided evidence of among a small sample of individuals saying,
- 32:57Speaker 2: you know, it worked. But there's not really any profound
- 33:00Speaker 2: body of scientific literature demonstrating the effectiveness of this in
- 33:04Speaker 2: the context of tobacco products. But you know, we do
- 33:07Speaker 2: have literature in other areas that shows that it doesn't work.
- 33:09Speaker 2: And so it's important that we really, you know, monitor
- 33:12Speaker 2: the situation carefully, particularly ways that it could be adulterated,
- 33:17Speaker 2: particularly by under age persons and negate the you know,
- 33:20Speaker 2: intended purpose of preventing them from using it.
- 33:22Speaker 1: What kind of research has been known about essentially pouch usage,
- 33:27Speaker 1: z in usage in middle schools and high schools. Look,
- 33:33Speaker 1: I mean, you know, you know, when I'm of the
- 33:36Speaker 1: age where back then you just snuck outside to have
- 33:40Speaker 1: a cigarette if you were you know, in high school,
- 33:43Speaker 1: or maybe it was after lunch, but there was you know,
- 33:45Speaker 1: we didn't you know, there was maybe a couple of
- 33:48Speaker 1: kids that chewt tobacco or had Copenhagen or something like.
- 33:50Speaker 2: That, but it wasn't this.
- 33:53Speaker 1: So this is you know, this is obviously, you know,
- 33:56Speaker 1: something I was concerned about when my kids were in
- 33:58Speaker 1: middle school, with the vaping and all this stuff. What
- 34:01Speaker 1: is you know, as Zin as a you know, that's
- 34:04Speaker 1: a brand name. But is Zen and Zen like products
- 34:06Speaker 1: have become more prominent, do we have good data on
- 34:11Speaker 1: usage among those under eighteen?
- 34:14Speaker 2: So nicotine pouches were added to federal surveys around two
- 34:18Speaker 2: thousand and one. When they hit the market in the
- 34:21Speaker 2: United States, there was obviously precursors of smokeless products. So
- 34:24Speaker 2: we have data for about a half decade, and what
- 34:26Speaker 2: we know from that is that use remains relatively low
- 34:29Speaker 2: but is slightly upticking. It's actually the only tobacco product
- 34:32Speaker 2: where we've seen an increase among our nations.
- 34:35Speaker 1: Do we track alcohol usage among under eighteen as well,
- 34:37Speaker 1: by the way.
- 34:38Speaker 2: Yes, yes we do. It depends on the survey. For tobacco.
- 34:42Speaker 2: We typically use the National Youth Tobacco Surveys, so they
- 34:45Speaker 2: don't assess other things. But there are other surveys like
- 34:47Speaker 2: CDC's a Youth Risk Behavioral Surveillance system that does. But
- 34:51Speaker 2: when it comes to tobacco, nicotine pouches is about two percent.
- 34:55Speaker 2: It's upticked over the past couple of years, but still
- 34:59Speaker 2: relative low. But I will say, you know, it's important
- 35:02Speaker 2: to continue to monitor because these cigarette use was relatively
- 35:05Speaker 2: low on twenty eleven, and then you know, we saw
- 35:07Speaker 2: a meteoric increases from twenty seventeen to twenty nineteen that led,
- 35:11Speaker 2: you know, the government to call it an epidemic. Fortunately
- 35:14Speaker 2: we've now decreased those levels, but you know, we don't
- 35:17Speaker 2: want to be playing a game of public health whackahole
- 35:18Speaker 2: where we've got some products going up, others going down
- 35:20Speaker 2: among kids they shouldn't be using any tobacco product, and
- 35:23Speaker 2: then include empty patches.
- 35:25Speaker 1: What is the when you know we had this to
- 35:28Speaker 1: that to year uptick? What why do you think it
- 35:30Speaker 1: was so easy to stamp it out?
- 35:33Speaker 2: Well, you know, I think we still don't know the
- 35:36Speaker 2: full effect because the latest data points were before we
- 35:38Speaker 2: had authorization of the products by the FDA, and also
- 35:42Speaker 2: the recent authorization of a modified risk claim, which basically
- 35:46Speaker 2: allows the company to promote that their product is lower
- 35:49Speaker 2: risk compared to to a cigarette, And so we haven't
- 35:51Speaker 2: fully experienced the full promotion of the products. But I
- 35:55Speaker 2: think you've had a lot of social media engagement, particularly
- 35:59Speaker 2: among young people. The products are easily concealable, they're available
- 36:02Speaker 2: in kid friendly flavors, and so you're starting to see
- 36:05Speaker 2: you know, slight interest and optics some of what we've
- 36:08Speaker 2: seen for other products, and now more than ever. You know,
- 36:10Speaker 2: we've got to make sure that doesn't increase and it
- 36:13Speaker 2: reverts and continues, you know, downward, like we've seen for
- 36:16Speaker 2: Ease cigarettes. But that said, I think we're kind of
- 36:18Speaker 2: in a wait and see. We need to see the
- 36:20Speaker 2: data for the next year. But right now the levels
- 36:25Speaker 2: are certainly, you know, not meteorically high for nicotine pouches,
- 36:30Speaker 2: but they're also not going down significantly, which is what
- 36:32Speaker 2: we want to see when it comes to kids' usage.
- 36:36Speaker 1: What do we know about what do we twenty six
- 36:39Speaker 1: years and that you just said we started, you know,
- 36:42Speaker 1: the basically the pouches, these nicotine pouches. You know, chewing
- 36:46Speaker 1: tobacco can lead to gum disease.
- 36:48Speaker 2: We know that.
- 36:49Speaker 1: What do we know about the pouches and what kind
- 36:51Speaker 1: of long term I mean, I guess we're I assume
- 36:54Speaker 1: we're hitting our first generation of sixties and seventy year
- 36:57Speaker 1: olds who've been maybe using pouches for the last fewener
- 37:00Speaker 1: twenty years.
- 37:01Speaker 2: Yeah, so the nicotine pouch is the current version, our
- 37:05Speaker 2: relatively new invention. So that's the past half decade. The
- 37:08Speaker 2: probably closest parallel would be Swedish snooze, which is snowze,
- 37:12Speaker 2: so I remember that stuff, yeah, which doesn't involve spitting.
- 37:16Speaker 2: So it's a little more a glamorous if you will,
- 37:20Speaker 2: where you can just you know, remove it from the
- 37:22Speaker 2: gum and.
- 37:23Speaker 1: The leg and my and my traveling around the world
- 37:25Speaker 1: days of covering, you know, having to be up twenty
- 37:28Speaker 1: out of twenty four hours. I may or may not
- 37:30Speaker 1: have been a snooze user back in the late oughts
- 37:33Speaker 1: every now and then. And boy did that stuff wire
- 37:36Speaker 1: you in ways. That was that was a little little intense.
- 37:39Speaker 2: I'll just be honest. Well, and I think you know,
- 37:41Speaker 2: we're seeing a lot of initiation, particularly nicotine pouches among
- 37:44Speaker 2: young males. You know, you're seeing flatline among kids, you know,
- 37:47Speaker 2: slight uptick, but it's been a two to threefold increase
- 37:50Speaker 2: among young adults, particularly males.
- 37:53Speaker 1: And what what are have we seen any health spikes
- 37:57Speaker 1: or we don't know yet?
- 37:58Speaker 2: Is it just so it's too soon to see what
- 38:00Speaker 2: the health spikes are. But we do know that there's
- 38:02Speaker 2: inherent risks of exposing, particularly for a nicotine naive person,
- 38:05Speaker 2: and so you know, you're inoculating the body with a
- 38:07Speaker 2: psychoactive substance. Is also highly addictive and can cause adverse
- 38:11Speaker 2: effects to the cardiovascular system. And so if you're not
- 38:13Speaker 2: already you know, smoking, you should not be starting a
- 38:16Speaker 2: nicotine paust. But what we're seeing is a lot of
- 38:18Speaker 2: new initiates, particularly young adults, and there's also I think
- 38:22Speaker 2: a conflation of you know, understanding of the inherent benefits
- 38:27Speaker 2: versus risks. You know, nicotine does have a very acute
- 38:30Speaker 2: stimulant effect in terms of honed in attention, but you
- 38:34Speaker 2: have to consider the long term effects of addiction and
- 38:37Speaker 2: also other risks, and so you can't dismiss a potential
- 38:40Speaker 2: acute benefit around attention for you know, the very profound,
- 38:44Speaker 2: you know, long risks of exposure and addiction. And many
- 38:47Speaker 2: people don't appreciate that, particularly folks that haven't used nicotine before.
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- 40:43Speaker 1: How much of this money was, how much of these
- 40:46Speaker 1: ad campaigns were supposed to be financed by the big
- 40:48Speaker 1: tobacco settlements and are they still? Is that still the
- 40:52Speaker 1: money that's behind this in theory.
- 40:54Speaker 2: So an answer is no short answer. And so for
- 40:57Speaker 2: folks who may not be familiar. In nineteen ninety eight,
- 40:59Speaker 2: there was the Master Settlement Agreement, which is what you're
- 41:01Speaker 2: talking about, and that was agreement between forty six states
- 41:04Speaker 2: attorney general and the tobacco industry which basically requires the
- 41:07Speaker 2: tobacco industry, the big companies, to pay in perpetuity to
- 41:10Speaker 2: states for the health care costs of smoke it, which
- 41:14Speaker 2: you know are over two hundred and thirty billion dollars
- 41:18Speaker 2: a year in this country, you know, monumental. That said,
- 41:21Speaker 2: vast majority of states are simply not allocating those dollars
- 41:24Speaker 2: for that purpose. They're filling in potholes because it's a
- 41:26Speaker 2: guaranteed revenue stream. And so when you have guaranteed cash,
- 41:30Speaker 2: states are working to divert that to other things instead
- 41:33Speaker 2: of public health and certainly not tobacco control. So some
- 41:36Speaker 2: states are.
- 41:37Speaker 1: I was just going to say, this gets it too,
- 41:39Speaker 1: and I'm going to i.
- 41:42Speaker 2: It.
- 41:43Speaker 1: You know, this is exactly what happened to the lottery. Hey,
- 41:46Speaker 1: we're going to use this money for education. Great, we'll
- 41:48Speaker 1: replace the money we used to use for education and
- 41:50Speaker 1: need set money elsewhere. So these are all we're supposed
- 41:54Speaker 1: to be additive financial benefits for the states to be
- 41:57Speaker 1: able to do this, and instead entered to the tax cuts.
- 42:01Speaker 2: Yeah. Yeah, And in many cases, you know, there are
- 42:03Speaker 2: some states that have done well. Oklahoma is a great
- 42:05Speaker 2: example of one that actually set up a foundation to
- 42:09Speaker 2: allocate the dollars coming in through the MSA, and recently
- 42:13Speaker 2: now their legislator is sue legislature is suing to try
- 42:15Speaker 2: to make spat they lost by public referendum and now
- 42:19Speaker 2: is working through other legislation to try to subvert that.
- 42:23Speaker 2: But you know, ultimately, you know, the guaranteed revenue stream
- 42:26Speaker 2: is a key opportunity. That's you know, if they're taking advantage.
- 42:30Speaker 1: Of what does it say to did the tobacco industry
- 42:34Speaker 1: ever really take a hit on this or not?
- 42:37Speaker 2: Ultimately, I think there was some hit. I think, you know,
- 42:40Speaker 2: it depends on who you ask. Some would argue that
- 42:42Speaker 2: the settlement actually was favorable to the industry because if
- 42:45Speaker 2: they would allowed individual plaintiffs, they yeah, they could have
- 42:51Speaker 2: bankrupted industry because they were doing massive hundred million dollar payoffs,
- 42:55Speaker 2: particularly the Angle progeny lawsuits out of Florida, and so
- 42:57Speaker 2: if those were allowed to continue, I think industry could
- 43:00Speaker 2: have you been potentially bankrupted. But you know, with the settlement,
- 43:04Speaker 2: it's still a knock on their cash flow, but it
- 43:07Speaker 2: certainly pales in comparison to what's coming in from product sales.
- 43:12Speaker 1: So if you were brought back in, how would you
- 43:15Speaker 1: you know, what would you restart?
- 43:17Speaker 2: There?
- 43:18Speaker 1: Is there some things that are unnecessary anymore in the
- 43:21Speaker 1: tobacco free campaigns.
- 43:23Speaker 2: Now, I think there's always opportunity to identify efficiencies, and
- 43:26Speaker 2: I think that you know, coming into the current administration,
- 43:29Speaker 2: that public health folks, including those of CDC and FDA,
- 43:31Speaker 2: were open to that in terms of you know, identifying efficiencies,
- 43:36Speaker 2: making sure that we're tight trading. You know, this is
- 43:39Speaker 2: a field that's been around for over a half century.
- 43:41Speaker 2: Other respectors are constantly looking to tobacco, like Wow, they
- 43:43Speaker 2: did so great at reducing smoking. There's always opportunity for efficiency.
- 43:47Speaker 2: But for me, the bottom line is you got to
- 43:48Speaker 2: obey the law, you've got to follow the signs, and
- 43:50Speaker 2: you've got to tell the truth. And we're starting to
- 43:52Speaker 2: see that eroad on multiple fronts, and there's ways, and
- 43:56Speaker 2: we've done it in the past across multiple administrations independent
- 44:00Speaker 2: of the party, where you can still prioritize working on
- 44:03Speaker 2: the leading cause of provencial disease and death without you know,
- 44:06Speaker 2: undermining the credibility of both the science and the law.
- 44:10Speaker 2: And I think that's where we really have to be
- 44:11Speaker 2: cautious in the current environment, is not allowing the corporate
- 44:14Speaker 2: capture to take over a meaningful, evidence based public health practice.
- 44:20Speaker 1: I want to try to land this plane here. I
- 44:21Speaker 1: want to go back to because you know, we're it's
- 44:25Speaker 1: frustrating to see watch what's happened in the last fifteen months,
- 44:27Speaker 1: but this has been a massive success story. Right when
- 44:32Speaker 1: you say, if you actually step back over the last
- 44:34Speaker 1: thirty years, right, you know, my mother was a packa
- 44:36Speaker 1: day smoker. Back when I was a kid, I had
- 44:40Speaker 1: plenty of relatives who were near packa day smokers. When
- 44:44Speaker 1: you look at all the things that were done was
- 44:48Speaker 1: banning indoor smoking in public places.
- 44:51Speaker 2: The most effective, not the most effective, but certainly effective
- 44:55Speaker 2: part of the toolkit. The single most effective intervention to
- 44:58Speaker 2: reduce consumption of tobacco is increasing price. Taxation based on
- 45:03Speaker 2: the science, most effective, but we also know from the
- 45:05Speaker 2: science a comprehensive approach is key. So increasing price, smoke
- 45:09Speaker 2: free policies, hard hitting mass media campaigns like CDC's tips campaign,
- 45:13Speaker 2: cessation resources, and a well regulated marketplace. And that's not
- 45:17Speaker 2: to say that you can't have lower risk alternatives on
- 45:20Speaker 2: the market, but they have to be well regulated and
- 45:22Speaker 2: they have to be part of a broader picture where
- 45:24Speaker 2: you also have those policies that are making efforts to
- 45:27Speaker 2: prevent initiation, to promote cessation, and to prevent relabs.
- 45:32Speaker 1: Now I want to flip here a second, because look,
- 45:36Speaker 1: most of this is about trying to prevent this, trying
- 45:40Speaker 1: to prevent underage usage. And I think about we're worried
- 45:45Speaker 1: about it with alcohol, We're worried about it with cannabis,
- 45:48Speaker 1: or worried about it with tobacco. But this is you
- 45:52Speaker 1: want to talk about an efficiency. I mean, it feels
- 45:54Speaker 1: like there should be one office worried about childhood addictions
- 45:59Speaker 1: and should be makeing sure, Hey, let's you know what
- 46:02Speaker 1: is if you were to reorganize, should we be should
- 46:06Speaker 1: that be the north star? And like all of this
- 46:07Speaker 1: fall under one thing, because it I feel like now
- 46:09Speaker 1: we're kind of siloed on the federal level. Right alcohol
- 46:12Speaker 1: does it in one place, and tobacco's over here, and
- 46:14Speaker 1: right now cannabis is just the states that have legalized,
- 46:17Speaker 1: and the beds are kind of just now dabbling into it.
- 46:20Speaker 1: How much should they you know, you know, rescheduling it
- 46:25Speaker 1: and the issue with hamp and all of that stuff.
- 46:27Speaker 1: So it feels like, actually, we have a really bad
- 46:29Speaker 1: patchwork right now on the federal level. When if you're
- 46:32Speaker 1: if the if the if the goal is to you know,
- 46:37Speaker 1: keep our kids as healthy as possible before they turn eighteen, right,
- 46:40Speaker 1: whether it's you know, limiting access to you know and
- 46:43Speaker 1: marketing on tobacco, on cannabis, on alcohol, it feels like
- 46:49Speaker 1: we don't have the right structure for that.
- 46:53Speaker 2: Well. I think that there's definitely opportunities for streamlining and efficiency,
- 46:57Speaker 2: but I also think it's important to consider all the
- 46:59Speaker 2: things that have to cur and so when it comes
- 47:01Speaker 2: to the federal government. We've always had what I call
- 47:02Speaker 2: the trifecta, And so CDC focuses on the people, FDA
- 47:06Speaker 2: focuses on the products, and NIH focuses on the science.
- 47:09Speaker 2: And all three of those in the context of tobacco
- 47:12Speaker 2: have a specific role. So the Office on Smoking Health
- 47:15Speaker 2: was doing boots on the ground policy and health comes,
- 47:17Speaker 2: FDA is manufacturing, is regulating manufacturing, marketing and sale. And
- 47:22Speaker 2: then NIH is funding that extra real research to continue
- 47:24Speaker 2: to move the lever forward on those CDC policies, and
- 47:28Speaker 2: you know the FDA regulation and so you know, I
- 47:30Speaker 2: think there's opportunity for identifying efficiencies, but you also can
- 47:33Speaker 2: negate all of the things that are needed to effectively
- 47:36Speaker 2: implement public health practice.
- 47:38Speaker 1: No, I understand that alcohol is not in the FDA, right,
- 47:41Speaker 1: isn't that is that bureau?
- 47:42Speaker 2: Is that atf Yes, yes, alcohols, and but CDC had,
- 47:46Speaker 2: you know, an alcohol program. So is that a mistake
- 47:49Speaker 2: that alcohol?
- 47:50Speaker 1: Because I think about what's coming here, right, You've got
- 47:54Speaker 1: the the sort of adult beverage industry. You have alcohol
- 47:58Speaker 1: being regulated one way, what about these non alcoholic but
- 48:03Speaker 1: cannabis based drinks?
- 48:04Speaker 2: Like I just think about all of this and.
- 48:06Speaker 1: It just feels like we you know, the bureaucracy is
- 48:09Speaker 1: it's almost too siloed.
- 48:11Speaker 2: Yeah, yeah, no, I absolutely agree. And I think you know,
- 48:14Speaker 2: a lot of that is just the function of how
- 48:15Speaker 2: you get regulation in this country, and that's through you know,
- 48:18Speaker 2: Biden purposing congressional action. And so you know, the FDA
- 48:22Speaker 2: tried to regulate tobacco years ago, you know, before congressional authority,
- 48:25Speaker 2: and they lost in the Supreme Court you know, sided
- 48:28Speaker 2: against the agency, and so they said, yeah, you got
- 48:30Speaker 2: to go back to Congress. And when you do that,
- 48:32Speaker 2: there's specific parameters that occur, and you also have to
- 48:35Speaker 2: remember the very ability and how the products are regulated.
- 48:37Speaker 2: And so that's why, like you know, drugs have a
- 48:39Speaker 2: safe and effective standard. You know, tobacco can't have a
- 48:42Speaker 2: safe and effectives. There's no safe tobacco products. So they
- 48:44Speaker 2: got you know, appropriate for protection of public health where
- 48:47Speaker 2: you weigh risk benefits. But ultimately it's it's risk factor
- 48:50Speaker 2: specific when it comes to regulation, but not in public
- 48:53Speaker 2: health practice. And that's why you know CDC you can
- 48:55Speaker 2: see that bigger picture umbrella. So you know, alcohol, you know, tobacco,
- 49:00Speaker 2: chronic disease work is all under a single umbrella. But
- 49:02Speaker 2: when it comes to regulation, that's a different beast and
- 49:06Speaker 2: it's largely dependent on congressional authority. Politically.
- 49:10Speaker 1: Is the MAHA movement an ally here or an adversary?
- 49:15Speaker 2: It's kind of ironic because MAHA hasn't really done anything
- 49:18Speaker 2: prominent on tobacco, and it's you know, the irony is
- 49:22Speaker 2: palpable because they're anti corporate capture and they're pro preventing
- 49:26Speaker 2: chronic disease. And this issue is we're seeing the complete
- 49:29Speaker 2: opposite where you've seen complete corporate capture. And I've said
- 49:32Speaker 2: in the past, you know, attempting to combat chronic disease
- 49:36Speaker 2: without tobacco control is like attempting a triathlon without a bicycle.
- 49:39Speaker 2: You are destined for failure before leaving the starting line
- 49:42Speaker 2: because you don't even have the equipment. Yes, exactly, you
- 49:45Speaker 2: have to involve tobacco in chronic disease prevention. And so
- 49:48Speaker 2: I think MAHA has really dropped the ball, and the
- 49:50Speaker 2: irony is palpable that they're not addressing the leading cause
- 49:53Speaker 2: of preventable disease and death in this country.
- 49:55Speaker 1: So ultimately, somebody's going to listen to this interview and saying, well,
- 50:00Speaker 1: we need campaign.
- 50:01Speaker 2: Financial re form.
- 50:02Speaker 1: That's ultimately what happened here is that is that at
- 50:05Speaker 1: its core, you can't just look away from the money
- 50:08Speaker 1: aspect of this.
- 50:09Speaker 2: I think it's multifaceted. You know, you're always going to
- 50:12Speaker 2: have a corporate interests, but you need the systems in
- 50:16Speaker 2: place in the government to effectively address the issue. And
- 50:18Speaker 2: so I think, you know, first and foremost, elimination of
- 50:21Speaker 2: CDC's Office on Smoking Health is highly problematic. Congress has
- 50:24Speaker 2: allocated the dollars, but the administration.
- 50:26Speaker 1: Which is going to say is that it's not legal
- 50:29Speaker 1: what they did, because Congress is the one that created
- 50:32Speaker 1: the entity.
- 50:34Speaker 2: Correct, Yeah, Congress has allocated the dolls for tobacco and
- 50:36Speaker 2: right now the administration is not spending it, you know,
- 50:39Speaker 2: on the FDA's front. Congress has also reinstated the user fees,
- 50:43Speaker 2: as they've continued to done since the establishment of the center.
- 50:47Speaker 2: So you know, there's no problem with that cash and
- 50:49Speaker 2: the kitty, it's just the administration prioritizing the work, and
- 50:53Speaker 2: particularly with CDC, they remain eliminated now a year and
- 50:56Speaker 2: a half into the administration, and.
- 50:58Speaker 1: Yet what we don't knows what that money has now
- 51:01Speaker 1: gone to. It's gone to other stuff.
- 51:03Speaker 2: Basically, it's basically not being spent. Some of the money
- 51:06Speaker 2: has been dislodged to the state programs, but it's at
- 51:09Speaker 2: a trickle and in some cases they've given the states,
- 51:12Speaker 2: you know, five months to spend twelve months worth of data,
- 51:14Speaker 2: and so it's basically like setting people up for failure.
- 51:17Speaker 2: But you know, the key components, like the tips campaign
- 51:19Speaker 2: is completely off the air, and you're losing a lot
- 51:22Speaker 2: of that technical expertise, particularly at the state level, on
- 51:26Speaker 2: you know, key CDC activities.
- 51:28Speaker 1: Is there better litigation that should be pursued here that
- 51:33Speaker 1: would sort of force an unlocking of this.
- 51:37Speaker 2: I think that right now the staff are protected by
- 51:40Speaker 2: the state's attorney general. I think the staff far But
- 51:42Speaker 2: what about the yeah, yeah, I mean the programs. You know,
- 51:45Speaker 2: that's I think it's to be seen. You know, maybe
- 51:47Speaker 2: with a new CDC director in place, you know, this week,
- 51:50Speaker 2: Well we'll hear on if that potentially occurs. We may
- 51:53Speaker 2: see some dislodging. But you know, ultimately I think it's
- 51:57Speaker 2: it's it's going to depend on the next couple months
- 52:01Speaker 2: and whether they turn things around like they've done at FDA.
- 52:03Speaker 2: You know, they did reinstate staff in the tobacco program.
- 52:07Speaker 2: But in the meantime there's also litigation that's occurring. My
- 52:10Speaker 2: organization and other public health organizations recently sued the FDA
- 52:14Speaker 2: for their enforcement guidance that we discussed earlier, and so,
- 52:17Speaker 2: you know, I think there are actions to make sure
- 52:19Speaker 2: that we are obeying the law and following the science,
- 52:21Speaker 2: and there's entities willing to do that.
- 52:24Speaker 1: And I will fully understand if you decide you don't
- 52:26Speaker 1: want to weigh in on this. But I just spent
- 52:29Speaker 1: a good ten minutes in my previous episode about the
- 52:32Speaker 1: measles epidemic and the fact that we're in and it's
- 52:35Speaker 1: just it does feel as if we've just gutted public
- 52:39Speaker 1: health in the last eighteen months. And the question I
- 52:42Speaker 1: have is how hard is this going to be to rebuild?
- 52:45Speaker 2: Yeah, we're in a public health apocalypse when it comes
- 52:48Speaker 2: to infrastructure. As a public health practitioner of nearly twenty
- 52:51Speaker 2: five years, I've never seen the level of decimation and
- 52:54Speaker 2: flagrant disregard for not only science but also evidence based
- 52:57Speaker 2: public health practice. My guest is will take decades to repair.
- 53:02Speaker 2: And it's not just getting programs back, but getting repairing
- 53:07Speaker 2: the misinformation, the trust view of public health to trust
- 53:12Speaker 2: and the next cohort of the public health workforce, you know,
- 53:15Speaker 2: following on a pandemic and then all of the misinformation
- 53:18Speaker 2: and distrust of public health officials. You know, I really
- 53:22Speaker 2: worry about the long term ability to recruit people to
- 53:24Speaker 2: this field given the level of vitriol and animosity that
- 53:28Speaker 2: they faced. Oh.
- 53:29Speaker 1: You know, if you're in any there's a couple of entities.
- 53:32Speaker 1: Whether it's in the science arena that government provides the
- 53:36Speaker 1: resources for that scientific community, you know, whether it's research
- 53:41Speaker 1: on the oceans and the climate with Noah, or it
- 53:44Speaker 1: is public health. And if you've got a government that
- 53:48Speaker 1: essentially is gutting that that is you know, as somebody
- 53:54Speaker 1: who has a daughter with an oceanography degree and a
- 53:58Speaker 1: much limited now environment of employable places in the public sector.
- 54:02Speaker 1: There's some private sector opportunities, but it's it's minimal compared
- 54:06Speaker 1: to what used to be available in the public sector.
- 54:08Speaker 1: But this is going to be a loss of a
- 54:11Speaker 1: you know, in hindsight, you know, my daughter ten years
- 54:15Speaker 1: you know, ten years from now, or somebody that's ten
- 54:18Speaker 1: years younger than her that wants to pursue that is
- 54:20Speaker 1: now going to say, may I'm want to pursue something else.
- 54:23Speaker 2: Yeah, yeah, absolutely, And I will say that we've lost
- 54:25Speaker 2: a lot of great institutional knowledge and expertise. In my
- 54:28Speaker 2: you know, two decades plus working this, I've worked in academia, advocacy,
- 54:32Speaker 2: and government, and I'll say that the civil servants were
- 54:35Speaker 2: second to none, and that level of expertise and passion
- 54:39Speaker 2: of people willing to do this work not for a paycheck,
- 54:41Speaker 2: not for the glory, but because they want to help people.
- 54:46Speaker 2: That that view, that drive is something that's simply not
- 54:49Speaker 2: replaceable and not available in the public sector, in the
- 54:52Speaker 2: private sector, and so I do think, you know, the
- 54:54Speaker 2: loss of that is certainly certainly going to have a detriment,
- 54:58Speaker 2: and it's going to take us years to rebuild that.
- 55:00Speaker 2: I'm still hopeful it's going to happen. But the sooner
- 55:02Speaker 2: we can, you know, get the ship upright and sailing
- 55:06Speaker 2: into better waters, the better. When it comes to public
- 55:09Speaker 2: and I.
- 55:10Speaker 1: Assume that if we're collapsing on public health, the rest
- 55:14Speaker 1: of the world is not in a better place. No,
- 55:18Speaker 1: it certainly has a trickle down effect. Absolutely well, Brian,
- 55:23Speaker 1: this is it is in some ways, this story is
- 55:28Speaker 1: not surprising, right, it's it's influence, it's a it's as
- 55:32Speaker 1: old as sort of Washington itself.
- 55:33Speaker 2: But it's.
- 55:36Speaker 1: It's hard to get traction, isn't it. It's hard to
- 55:38Speaker 1: get people fired up about this. And I guess part
- 55:40Speaker 1: of it is, look what we just described. You know,
- 55:43Speaker 1: we have a public you call it apocalypse. Forget emergency anymore, right,
- 55:46Speaker 1: it's public health apocalypse. And it's like, it's understandable. Where
- 55:50Speaker 1: do you begin? You know, what what should be the
- 55:53Speaker 1: siren song?
- 55:53Speaker 2: Is it?
- 55:53Speaker 1: What's happening with our vaccinations? Is what's happening with the FDA?
- 55:58Speaker 2: Right? It is just it feels almost overwhelming. Yeah, no,
- 56:02Speaker 2: it absolutely is. And I think what we've got going
- 56:04Speaker 2: in our favor, though, is there's dedicated people that are
- 56:07Speaker 2: working to preserve the integrity of the public health infrastructure.
- 56:11Speaker 2: And it may vary by risk factor, but you're seeing
- 56:13Speaker 2: coordination on the tobacco front. We certainly see that with
- 56:16Speaker 2: public health groups. But ultimately, you know, folks have to
- 56:20Speaker 2: make sure that they're you know, leveraging assets and expertise
- 56:24Speaker 2: to make sure we're protecting public health because the casualties
- 56:27Speaker 2: of this are the American people, and if they haven't
- 56:29Speaker 2: felt it already. It's only a matter of time before
- 56:31Speaker 2: we're going to see it trickle down from Pennsylvania Avenue
- 56:33Speaker 2: to main streets across this country in terms of impact
- 56:36Speaker 2: of reduced funding from CDC and other activities.
- 56:40Speaker 1: And this is the classic example of we're really not
- 56:42Speaker 1: going to realize the impact probably for a decade. Right,
- 56:46Speaker 1: it'll be suddenly like everything right, oh boy, that was
- 56:49Speaker 1: a mistake, And it's like, yeah, that was a mistake.
- 56:51Speaker 2: Yeah, there'll be a case study. But are our kids
- 56:53Speaker 2: and grandchildren of what not to do? And I think
- 56:57Speaker 2: that we're just kind of on the precipice because things
- 56:59Speaker 2: have kind of been holding on. But we're starting to
- 57:01Speaker 2: see that deterioration of infrastructure. And you know, if you
- 57:04Speaker 2: get a communical disease outbreak, we're already seeing that. But
- 57:08Speaker 2: even on the chronic disease realm, we've got thirty million
- 57:10Speaker 2: Americans still smoking cigarettes in this country. You know, we
- 57:13Speaker 2: can't pull the foot off the accelerator. Now. The time
- 57:15Speaker 2: is to pound it and focus on the progress and
- 57:17Speaker 2: see more as opposed to pulling back.
- 57:20Speaker 1: My fear is that tear down at the infrastructure to
- 57:22Speaker 1: some is a feature, not a bug. Absolutely, Ran, appreciate
- 57:27Speaker 1: your efforts. Where can people go help? Where can people
- 57:29Speaker 1: get involved?
- 57:30Speaker 2: Yeah? I then go to our website Tobacco Free Kids DOTRG.
- 57:33Speaker 2: We actually just redid a lot of great resources and
- 57:36Speaker 2: it's happening at the federal, local, state level, but also
- 57:38Speaker 2: the global level in terms of tobacco related advocacy work.
- 57:44Speaker 1: Is it the UK that just got rid of right?
- 57:46Speaker 1: Is it starting win? You can't buy cigarettes in the UK.
- 57:48Speaker 2: Yes, Yeah, they just implemented a generational tobacco product policy.
- 57:51Speaker 2: It's not all products, but yeah, you're seeing a lot
- 57:53Speaker 2: of good momentum internationally on a lot of areas, but
- 57:57Speaker 2: not so much at the national level on tobacco of control.
- 58:01Speaker 2: We'll see these days.
- 58:02Speaker 1: Well, appreciate the time. Uh and you know, keep fighting
- 58:06Speaker 1: the good fight.
- 58:07Speaker 2: I appreciate it. Mm hmmm mm hmm