Dr.
Robert Jackler, “Freedom to Vape”: Unregulated Exuberance in Electronic
Cigarette Advertising (Dr. Jackler is talking to FDA and to Congress about the
same issues on his trip to the East Coast)
Note:
I’m just going to stuff Dr. Jackler’s images into this post until Blogger
rebels, because they are amazing.
Study of
advertising looked at outrageous ads (doctors recommending) as well as tobacco
ads targeting women and African-Americans; Ebony
has 3-4 tobacco ads/month and no antismoking/ “talk to your kids” content.
Vape ads
faithfully reproduce all the excesses of the past century—seem to have been
using historical ads to inform their own claims. Stanford Research into the
Impact of Tobacco Advertising: many high-resolution scans online. Themes and subthemes, all annotated with
metadata and theme descriptors; fully searchable. Stanford’s collection, shared
with Smithsonian’s collection, is over 20,000 original ads. Also an
antismoking ad compendium, largely far less sophisticated—someone in a county
is given a budget with no idea what to do. Also
have comparisons: then and now. Many videos,
including many from 40s-60s that were broadcast. Also videos done in 2014 for electronic
cigarettes.
E-cigarettes
becoming very prominent: 2x on front page of NYT in last few weeks. (Also a new
store just opened near my home, so I’m quite interested.) Almost all e-cigarette ads are online. Invented
in 2004 in China; entered American market in 2007. Varieties: look like cigarettes, Vape PENS
(often used for marijuana), and e-hookahs; e-cigars and ePipes. Even inhalers
(look like asthma inhalers) have been repurposed—for social acceptability?
Two
forms: emulate cigarettes and distinctive design in some way. Some disposable
w/fixed battery, and some rechargeable. They come as systems; can even get a
USB charger to charge one from your smartphone.
Battery; atomizer; cartridge filled with vapor. Suck on it = lights up and produces a
mist. E-liquid/e-juice. Unlike tobacco, the vapor is much more
extensive. In Mad Men, when they smoke,
it’s not tobacco but clove—but that big plume is part of the glamor of smoking
of that time. Ads tout the thickness of
the vapor.
How bad
is this stuff? Much less cancer causing
bad stuff than combustible tobacco.
Marketplace
is a gold rush. Over 250 brands, many startups, in US alone. Lorillard just
bought a couple. Altria/Philip Morris is
buying them up; RJ Reynolds too. Selling
both ends of the market: owning both the problem and the solution.
Where
made? China. Handful of Chinese mfgrs.
Look at boxes: different brands, same boxes with different
printing. You can have your own e-cigarette
company by buying off the shelf.
¾ of
adults who use are committed tobacco smokers who aspire to quit. Unlike patches
and gums, e-cigarettes have advantage of recapitulating social glamor of
smoking; sucking, primordial human urge.
Smoking is also a social identity, given the ostracization. E-cigarettes allow you to participate in that social identity.
Teens
are very different. Teens aren’t motivated by desire to quit. Many haven’t chosen to smoke conventional
tobacco at all. Expressing individuality by conforming to “coolness.” Percentage of teens smoking doubled in a
year. Many are “tobacco naïve.” Smoking
is only started by young people, not
by adults. If you get them started with
nicotine addiction at an early age, you have them.
Museum ads:
themes of freedom. E-cigarette ads use
freedom to show: freedom to break the rules, to smoke anywhere, freedom from
stigma, etc. Ad shows woman giving smoking ban the finger. “Inhale the freedom.” “Liberty Vapor.” “Smoke Revolt.” “Take back
your freedom.” Compare classic Philip Morris ad: “Freedom from throat irritation.”
“Welcome
Back.” Shows diner: welcome back to
being allowed to be in a restaurant; welcome back to the glamor of the 60s;
welcome back to the Greensboro diner, where the sit-ins were—an image that
appears in every history textbook.
Discontinuity of nicotine in bloodstream from bans on airplanes and
restaurants and work—that helps people quit.
Risk with e-cigarettes: people dual-use and keep nicotine levels high.
“Rewrite
the Rules.” Woman fueling up at gas
station (with retro car). Though e-cigarettes do explode; they have lithium ion
batteries in them.
Now we
are seeing more explicit health claims—lots of images of doctors; image of
caduceus to connote health. “eHealth Cigarette.” (Also claim “Marlboro flavor.) Label says “Smoking is bad for your health. e-cigarette
is good for your health.”) Safer is likely true; safe is likely untrue. “I plan to be a grandfather; therefore I
smoke e-cigarettes.” Compare historical
claims for specific tobacco brands promoting health. Claims that esmoking
is the smart/logical choice.
“Pure”—compare purity claims in historical ads. “True Cigarettes” were supposedly safer; now
you have “Tru e-cigarettes.” “Lung
Buddy.” “Breathe Freely.”
What’s
changed is that online you don’t only have ads; you have blogs, forums,
Twitter. Website: “Women and COPD:
Reducing the Risk”—looks scientific. “No smokers cough”—like old tobacco promises.
6 different e-cigarette companies put out breast cancer-themed e-cigarettes. ProSmoke uses American Cancer Society logo and
donation promise to advertise.
(Hmm…wonder what TM counsel thinks about that.)
Health
claims: “Vitamin Smokes.” “iSlim,”
“NutriCigs” to make you slim. “Inhale
Flavors. Curb Cravings. Lose Weight.”
This is “Reach for a Lucky instead of a sweet” revisited.
Energy
claims: similar to energy drinks.
“Energy Surge.”
Targeting
teens: They claim not to target teens.
They have sham age certifications—you click and go in. The ads have 20-something models doing things
that 15 year olds could do. Very youth-oriented. Cartoons are forbidden to
tobacco under master agreement, but e-cigarettes use them. Then they blog about parents secretly buying
teens e-cigarettes. Sampling is illegal
for tobacco, but they’re doing it.
Online games that result in coupons for e-cigarettes.
Cheapness
as lure: youth are notably price sensitive.
“Student discount” for cigarettes.
Sex
sells: XXX e-cigarettes. Sex Stimulant,
Tiger E cigarette. Party with Playmates
at Playboy’s Top Party Schools—2 Playmates hand out e-cigarettes; Playboy even
has its own brand. Subliminal sex signals too.
Teen
flavors: primary way of attracting teens is sweetness, which was also true in
tobacco; 2009 FDA banned tobacco flavors, but flavored mini-cigars escaped the
FDA ban. Vapor companies produce flavors
like bubble gum, gummi bears, candy corn, cotton candy, peppermint patty,
honey, chocolate, caramel, banana split, Fruit Loops, Lucky’s Charms; Trix
(again, TM counsel pay attention); cakes, colas, coffees; alcohol flavors—beer,
champagne, amaretto, gin & tonic; pepperoni pizza; popcorn; kosher;
bacon. If you want to create your own,
you can buy an e-liquid kit online and mix your own. Dangerous!
Teens
crave social acceptability, and one of the ways they advertise is the avoidance
of trash, yellowed teeth, stinky hair/clothes. You can vape around your loved
ones. “Save humanity. Start vaping.”
Second
hand vapor does contain nicotine, but not combustion products of leaf. Probably
considerably safer than secondhand smoke.
Many ads show people in love smoking. Touted as good Mother’s Day gifts
(as tobacco historically was). Ads show
smoking in groups; organized meetups for people who smoke the same brand;
sponsor festivals. Social media: Your
Blu cigarette pack can be turned on so that it identifies nearby Blu smokers,
stores, or other relevant locations. “Friends don’t let friends smoke.” Indeed, if he knew a smoker he’d want them to
switch; he’s not saying that vaping is bad but that the combination of
nicotine, flavor (and marketing) is bad.
Bringing back the era of glamorous smoking.
Even
mking them as luxury items—Louis Vuitton e-cigarettes (query whether authorized); one Russian oligarch
ordered one covered in diamonds. Women’s brands; started to segment women,
though not African Americans yet—recapitulation of history of tobacco. Dozens
of pink e-cigarettes.
Celebrity
endorsements—Courtney Love. (Wow, that’s quite an ad.) Jenny McCarthy (hates
vaccines, loves e-cigarettes). Steven
Dorff (actor who has emphysema). E-cigarettes are at Oscars in the grab bags,
and advertise heavily around that. Golden Globes—Julia Louis-Dreyfuss smoked on
camera. Websites show celebrity vapers like Jack Nicholson (and they photoshop
John Lennon and Marilyn Monroe in).
(Intermediate conclusion: these small players don’t actually care about any advertising rules.)
Nicotine
fix: advertised as giving big dose. Deaths in children from toxic liquid. Doses
even in small bottle will kill a kid. Industry is trying to normalize nicotine
addiction, as with caffeine. Some brands
even have “no nicotine” e-cigs.
What of
the argument that it helps you quit? That’s not a good business model. Look at data: most-cited study is that an
adult smoker with counseling has 5.8% chance of quitting on patches, 7.3%
chance on e-cigarettes. Another recent study showed no assistance of e-cigarettes. If marketed as cessation aid, FDA can
regulate as drug—so they say something like “smoking alternative,” or “kiss
tobacco goodbye” or “it works” (without saying works for what). Deniability.
FDA needs consumer perception studies because tobacco industry has cleverest
people money can buy; banning some words aren’t enough. “Why quit? Switch to Blu” as reverse
psychology: consumers perceive as “quit” message.
Consumer
testimonials include disallowed claims, and companies post those on their
websites and try to disclaim responsibility. (Again, these people just don’t
care to conform their conduct to the law.)
Additive
free, organic, and natural in tobacco—same gimmick in e-cigarettes. Young people also like tech, and they
emphasize the technological aspects. Apps track your vape consumption and plot
your “life expectancy increase” v. tobacco.
Also of
course used heavily for cannabis. You can get cannabis flavored e-cigarettes.
Sponsorships:
forbidden to tobacco, now coming to e-cigarettes. Big investment in car racing;
showed an Olympic ad that I can’t imagine was authorized.
NJOY ran
a Super Bowl ad; but most ads are on websites and elsewhere online. Blogs, wikis, chats—claims that FDA would
regulate as drug claims made on social media.
Many “independent” sites are highly laudatory of particular brands—he
suspects that they are actually marketing arms.
There are road shows with free samples; discounts; contasts with iPad
giveaways; stores all over America.
Sophisticated point of sale displays, not required to be behind the
counter like tobacco. Vapor bars: you
can fill your cigarette at the bar.
Estimated 250,000 retail outlets like 7-11s are markets for e-cigarettes,
and the business trajectory is sharply upward. Prediction that they may
overtake tobacco cigarettes in 10 years.
Business
model is like printer cartridges: they want you to buy the liquid, and they
want to stop you from buying from other makers.
Right
now FDA is in a process called “deeming.”
Land rush for market share. But when they deem it to be a tobacco
product, e-cigarettes will have the same regulation, which will take away
flavoring, health claims, cessation claims, medicinal roles, celebrity
endorsements, and sponsorships; will leave channels intact (except TV &
radio that they don’t use anyway).
Backdoor online channels are a challenge. (Is the FTC talking to the FDA about this?
The endorsement guidelines would seem very relevant.)
Jurisdictional
issues: nicotine free e-cigarettes; nicotine can be extracted from tomatoes,
though that’s not economical now—if becomes possible, then it will escape FDA
authority. Local ordinances are everywhere.
Unless
youth adoption can be stemmed, public health gain will be offset by youth
initiation and dual-use smoking where vaping is used to support tobacco.
His end
game strategy: replace combustible tobacco with vapor. He supports e-cigarettes, but not the Wild
West. E-cigarettes could be used to
provide glamor/social benefits. If they
have no nicotine: low tax, flavors allowed; youth drawn to it. Nicotine: high
tax, flavors forbidden, for experienced smokers.
Q (from
RT): is FDA talking to FTC? FTC has
useful guidelines for the online advertising with which you are so justly
concerned, especially the undisclosed advertising.
A:
there’s inertia there. Big players want
regulation—that will put all the riffraff out of business; want expensive
burdens for testing/purity to get rid of the competition. That’s their endgame. His hope is they’ll have deeming, but what
we’ve learned from history of ad regulation is that they figure a way around
any regulation. In Europe etc. they can
be much more effective, but the First Amendment restrictions (that killed
graphic warnings on packs) is a barrier here.
Q: what
of the impact on throat and mouth cancer?
A: seems
unlikely to be as bad as combustible tobacco, given the carcinogens in the
partially burnt hydrocarbons in combustible tobacco. We’re seeing a big
explosion in cancer from HPV, but we hope vaccinations of young women—and
men—will produce herd immunity.
Q: what
are the materials—plastic? Leaching?
A: Some
of the stuff, they’ve detected cadmium/nickel in; not much known about the
polymers. Stuff is being deeply inhaled in the lungs that you wouldn’t normally
inhale, and especially extended use is an unknown. A few reports of pneumonia, reactive airway
disease. The additives are also an issue. Not meant to be in the lungs! Your
nose is usually a filter. We should see
what’s growing in these liquids—the compounders are not necessarily
trustworthy. But it’s here to stay, and
probably will replace combustible tobacco.
Q: what
is the vapor?
A:
People are starting to study. Mostly water/propylene glycol, which is well
known. Really key thing: right now,
smoking is declasse; it’s a deprecated social signal and was growing over time.
That’s changing—reglamorizes/renormalizes smoking. He is a realist about
this. Genie won’t go back in bottle.
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