This is a definite reason to take lobbyist money out of the equation and implement Term limits.
And its both Dems and Repub's that guard their investments and future millions they make while in congress.
Tobacco and E-Cigarette Lobbyists Circle as F.D.A. Chief Exits
Dr. Scott Gottlieb addressing the rank and file of the Food and Drug Administration during his first week as commissioner in May 2017.CreditCreditJeanine B. Hartnett/U.S. Food and Drug Administration
By
Sheila Kaplan and
Matt Richtel
Dr. Scott Gottlieb became commissioner of the Food and Drug Administration in 2017 with an ambitious plan to reduce cigarette smoking, a habit that kills nearly half a million Americans each year, by shifting smokers to less harmful alternatives like e-cigarettes.
But he was quickly embroiled in an unexpected crisis: the explosion of vaping among millions of middle and high school students, many of whom were getting addicted to nicotine.
Dr. Gottlieb will depart at the end of this month, following his sudden
announcement last week that he would resign, with his plans to toughen regulation of both vaping and smoking unfinished and powerful lobbying forces quietly celebrating the exit of a politically canny administrator who aggressively wielded his regulatory powers.
Opponents are already swooping in, making their case to Congress and reaching out to the White House. A coalition of conservative organizations that oppose government intervention in the marketplace has harshly criticized Dr. Gottlieb’s crackdown on e-cigarettes. Retailers, including convenience store and gas station owners, are on Capitol Hill lobbying against guidelines Dr. Gottlieb proposed on Wednesday to restrict sales of most flavored e-cigarettes to separate adult-only areas and to require age verification of customers.
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This pivotal moment in regulation of smoking and vaping comes just months after Altria, maker of Marlboro cigarettes and the nation’s largest tobacco company, with a market value of $100 billion,
bought a 35 percent stake in Juul, the nation’s dominant vaping company whose valuation soared on the investment to $38 billion.
Juul’s alliance with Altria has given it access to a far more muscular, experienced political player. Altria gave $500,000 to Mr. Trump’s inaugural committee, and spent more than $10 million on lobbying last year, according to the Center for Responsive Politics.
Dr. Gottlieb has expressed anger that Juul and Altria were negotiating their financial deal in secret, while each was making promises to the F.D.A. that he believes the deal broke. The investment in Juul means that Altria, with net sales of cigarettes and other products last year amounting to $25.4 billion, is now selling flavored e-cigarettes, which it had told the F.D.A. it would stop doing, he s“Proponents of vaping, who support these companies,” he said in an interview, “ought to realize just how much these companies are putting their short-term business objectives ahead of any long-term goals for these technologies to be effective tools for adult smokers.”
The question is whether Dr. Gottlieb’s successor will continue his policies and enforce them. On Tuesday, Dr. Norman E. “Ned” Sharpless, director of the National Cancer Institute, was named to replace him in an acting capacity and is in the running to succeed him permanently.
Dr. Gottlieb supports Dr. Sharpless, who said he would continue his predecessor’s policies. Alex M. Azar II, secretary of health and human services, said in a statement Wednesday that the administration backs closing off children’s access to e-cigarettes, while making them available to adult smokers trying to quit.
enforcing limits on flavored e-cigarettesto protect teenagers. “What that tells you is I got broad buy-in into that,” he said in an interview.
When he became commissioner in May 2017, his goal was to move smokers to less harmful alternatives, such as e-cigarettes. That July, he allowed e-cigarette companies to keep their vaping devices and nicotine pods on the market for an extra four years before they would have to prove their products would benefit public health.
Juul’s popularity with teenagers mounted.
In an interview, he recalled the morning in August 2018 when Mitch Zeller, the director of the agency’s tobacco control unit, brought him the bad news: Vaping was up 78 percent among high school students and 48 percent among middle school students, with 3.6 million youths reporting they had used e-cigarettes,
according to the 2018 National Tobacco Youth Survey.
A few weeks later, Dr. Gottlieb
called youth vaping an epidemic,and gave e-cigarette makers 60 days to show how they would curb youth vaping, or risk having their products pulled from the shelves. Juul pulled mango, crème and other flavors off the shelves but continued to sell them on line.
The conservative leaders now fighting restrictions on flavored e-cigarettes include Grover Norquist’s anti-tax group, Americans for Tax Reform, the R Street Institute and the American Legislative Exchange Council Action, a nonprofit. In a letter dated Feb. 4, a
coalition of these and 13 other groups urged President Trump to “halt the Food and Drug Administration’s aggressive regulatory assault on businesses who sell and consumers who rely on less harmful alternatives to cigarettes in the United States.”
Both Juul and Altria say they had nothing to do with this message to the president. But in recent years, both companies have donated to Mr. Norquist’s group and to some of the other groups that signed the letter.
In 2017,
Altria made contributions to the Goldwater Institute, the Rio Grande Foundation, the R Street Institute, and the Independent Women’s Forum, as well as Mr. Norquist’s group, according to an Altria annual philanthropy report that did not specify the amounts.
And Juul confirmed its contributions to Mr. Norquist’s group, the R Street Institute, where Tevi Troy, Juul’s vice president of public policy, and a friend of Dr. Gottlieb’s, was once a board member, and to ALEC Action. Juul declined to disclose the size of its donations.
he American Lung Association often cites a study indicating that more than three-quarters of African-American cigarette smokers said they prefer menthol cigarettes, compared to less than a quarter of white smokers. Menthol cigarettes make up 35 to 40 percent of the market in the United States, according to the Centers for Disease Control and Prevention.
Asked if this effort would continue without Dr. Gottlieb’s leadership, a spokeswoman for H.H.S. declined to comment, but
sent links to previous statements in support of the F.D.A.’s tobacco plans.
Dr. Gottlieb has acknowledged it would take years to move a proposed menthol ban forward.
“Big tobacco companies will want to educate whoever takes that position,” said Marc Scheineson, a lawyer who works with smaller tobacco companies. He said that these groups would inevitably try to reverse any move toward a menthol ban, which he called “a Scott Gottlieb priority.”
“He was definitely running this train,” Mr. Scheineson said.