The Strange and Complicated Future of the E-Cigarette Industry

Editor’s Note: This post is brought to you by Camille Wilson, a patent attorney in Jacksonville, Florida, with extensive experience researching e-cigarettes. Enjoy!

Last January, in 2015, I[1] wrote about the patent evolution of e-cigarettes up until that point. I also made some general predictions about the e-cigarette industry, mostly favoring Big Tobacco. Only a short twenty months later, the entire landscape is about to change…and it will most likely favor Big Tobacco, in one way or another.

But why the shift?

In May 2016, the FDA finalized a rule (a very dense 134 page rule, to be exact) extending their regulatory power established by the Tobacco Control Act in 2007 to cover all tobacco products, which now includes e-cigarettes. That rule officially went into effect on August 8, 2016, starting the clock for the entire industry to disprove that their products are “not appropriate for the protection of public health.” (“Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act”, as Amended by the Family Smoking Prevention and Tobacco Control Act; Restrictions on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products, 81 Fed. Reg. 28975, May 10, 2016) (Amending 21 C.F.R. §§ 1100, 1140, and 1143). I use the term “disprove” because the entire rule seems to presume that all e-cigarette products do not protect public health; so, the onus is placed on the manufacturers to prove otherwise.

Read More »

James Dunworth’s Interview with Herbert A. Gilbert, Inventor of the E-Cigarette

Last January, we brought you a post from Camille Higham, a patent attorney in Jacksonville, Florida. She discussed “The Strange and Complicated History of Patenting the E-Cigarette,” and argued that “the increased popularity [of e-cigarettes] has prompted ample innovation. And as the industry becomes more competitive, the patent applications will continue to narrow, and the companies who prepared for this vaping revolution early on will have a big advantage over pop-ups seeking to capitalize on the opportunity.”

Ten months after this post was published, we received a note from reader James Dunworth, who clued us into an interview he had conducted with Herbert Gilbert, inventor of the e-cigarette. Dunworth generously allowed us to republish his interview here. Many thanks to James Dunworth, and we hope you enjoy it.

Read More »

The Strange and Complicated History of Patenting the E-Cigarette

Editor’s Note: Today’s post is brought to you by Camille Higham, a patent attorney in Jacksonville, Florida, with extensive experience researching e-cigarettes. 

About a year ago, I wrote about e-cigarettes in a blog that is woefully neglected now. At that time, I thought e-cigarettes may fall between a novelty and a passing fad. Now I am still skeptical that e-cigarettes will ever supplant traditional cigarettes, primarily because of how deeply tobacco is entrenched in our history, for better or worse. E-cigarettes are undeniably increasing in popularity, and if they do edge out tobacco-based cigarettes, ironically, it is the Big Tobacco companies, with their deep pockets and market influence, who may be best equipped to make that happen.

Read More »

World War I, Part 5: Tobacco in the Trenches

Unlike my previous posts, today’s entry focuses on the war as a whole rather than on a specific army. Tobacco was ubiquitous at the front and ever-present in prewar society. The war ushered in several changes to European smoking culture: Pipes began to fall out of fashion as cigarettes became more popular, and women smoked more in the postwar era as wartime social changes led to questioning of nineteenth-century gender norms. This is most famously embodied in the the “Flapper” archetype.

At the war’s outbreak, pipe smoking was the most common form of tobacco smoking in the militaries of Europe. Soldiers usually received packets of loose tobacco and matches with their rations. Pipe and cigar smoking were also associated with nineteenth-century ideas about masculinity. Cigarettes, although available, were not nearly as popular as pipes and cigars during this period. The war ushered in nothing short of a revolution in American and European tobacco cultures. It was also a period where modern cigarette advertising began.

The Tsarist regime asked civilians to donate tobacco for the war effort. Source: http://riowang.blogspot.com/2011/06/killer-game.html
The Tsarist regime asked civilians to donate tobacco for the war effort.
Source: http://riowang.blogspot.com/2011/06/killer-game.html

Read More »

The Tobacco Census v. “Ffrauds and Mischiefs”

Editor’s Note: Featured is another installment in our occasional series of fascinating cross-postings from the blogs published by various libraries and archives. Today’s post comes from Out of the Box: Notes from the Archives @ The Library of Virginia, and was authored by Sarah Nerney, senior local records archivist. 

Virginia’s agricultural production, as well as its economy, was dominated by tobacco for over three centuries, ever since John Rolfe sent his first shipment of tobacco to England in 1614. Growth of the Virginia colony and extension into the interior meant more soil and larger crops of tobacco. Despite the continuous growth in production, the tobacco trade was plagued by falling prices and decreased quality. By the 1720s, tobacco exports included large quantities of inferior product that even included shipments of “trash” tobacco—shipments that diluted tobacco leaves with foreign substances such as household sweepings. Consequently the price of tobacco sank so low that many planters struggled to recover production costs.

Tobacco growing in the streets of Jamestown. From Robert K. Heimann, Tobacco and Americans (1960). Image courtesy of Library of Virginia Special Collections.
Tobacco growing in the streets of Jamestown. From Robert K. Heimann, Tobacco and Americans (1960). Image courtesy of Library of Virginia Special Collections.

In 1723 Virginia’s General Assembly passed the first of its Tobacco Acts that attempted to control the quantity and quality of tobacco grown in the colony because it was believed that “most of the ffrauds [sic] and mischiefs which have been complained of in the Tobacco Trade” had arisen from the “planting on land not proper for producing good Tobacco” and the production of “greater Crops than the persons employed therein are able duly to tend.” The 1723 act established limits on the number of plants that certain classes of persons could grow with slave owners being allowed fewer plants. Each vestry of every parish had to appoint two people every year to count the number of plants being grown and report the numbers to the clerk of court by the month of August. Any number of plants over the allowed number were to be destroyed by the planter or, if the planter would not, by the counters. The act of 1729 provided various adjustments to and elaborations on the 1723 act. (For full text of the acts see The Virginia Magazine of History and Biography Vol. 20, pp. 158-178.)

Read More »

[Blank] is to Big Tobacco: Historical Analogies in Bloomberg’s ‘Big Gulp’ Ban

New York mayor Michael Bloomberg’s attempted ban on the sale of sodas larger than 16 ounces suffered a defeat in court a few weeks ago. But criticism of the industry that has been termed “Big Sugar” or “Big Food” shows no signs of abating. Those critical names are spinoffs from a down-market brand we all remember: Big Tobacco. Public health advocates from the populist food writer Michael Pollan to the lauded obesity researcher Kelly Brownell draw a direct comparison between the tactics of today’s convenience-food conglomerates and the tobacco industry of the twentieth century. Michael Moss’s recent bestseller Salt, Sugar, Fat reads like a journalistic sequel to historian Allan Brandt’s Cigarette Century.

Image via gmolabeling.org
Image via gmolabeling.org

Moss’s book begins with a series of comparisons between cigarette manufacturers and Big Food companies like Kraft and General Mills (both, he notes, now owned by Philip Morris). Moss draws from a series of executive testimonials and previously secret industry documents that detail the familiar tactics the companies used: scientific breakthroughs that exploit our basic biological impulses for consumption, collusion with government regulators, marketing targeted at children—all of which, he concludes, resulted in a growing chronic disease burden. With this common history established, the analogy seems straightforward: cigarette manufacturers are to cancer as food companies are to obesity-related illnesses. But it has a subtext that should interest alcohol and drugs historians as well as regulators: the suggestion that sugary substances aren’t just physiologically harmful—they’re addictive.

Critics like Moss are already alleging that the “Food Giants Hooked Us.” While I’m not sure I buy the argument, I can see how the threat of “addictive potential” might be politically useful for activists seeking to establish new regulations to curb the consumption of processed food and drinks.

Read More »

Translating Addiction? Some Speculations*

Many scholars of drugs and alcohol that are engaged in comparative work within plural linguistic environments are already aware of the problems of translation. The encounter with compilations of mistranslated signs and slogans that many of us may have had in our first language courses have constituted some of our earliest brushes with the pitfalls of translation. (E.g.: Bangkok Dry Cleaner’s sign: “Drop your trousers here for best results” or an earlier version of KFC’s “Finger Lickin’ Good” slogan—“Eat your fingers off” 吃掉你的手指头.[1]) Translation, it seems, can be dangerous.

Image
Identified as in Shanghai, but likely a sign for Beijing’s Ethnic Culture Park.

Read More »

Corporate Social Responsibility (CSR) and Tobacco in South Korea

FNN 20130109 ktg charcoal yonsei
Yonsei Law School Student at 2012 KT&G Charitable Distribution of Charcoal Photo: FNNews Staff Photographer

In the past, Milton Friedman has argued that companies have minimal ethical and social responsibilities outside of avoiding legal transgressions and satisfying their shareholders, but this position does not seem to have broad public appeal in corporate boardrooms or on main street today.  Definitions of corporate social responsibility (CSR) have not remained static over time, but broadly, it’s founded on an understanding that “business organizations have societal obligations which transcend economic functions” or that there is some “obligation to work for the social betterment” (Epstein 1989, 585; Frederick 1995, 151). In practice, a wide variety of programs and policies can fall under the CSR umbrella, including: scholarships for underprivileged youth, mentoring minority students, donating proceeds for disaster relief, among others. However, see Whitehouse 2006, Carroll 2001, and Wood 1991 for the general academic consensus that there is, well, no consensus on the meaning or implementation of CSR.

Of course, few would suggest that all public displays of corporate social responsibility are disingenuous, but there are ways in which CSR policies and marketing can serve to balance or cloak the ethical exposures of a company. The 2008 greening of BP is one recent visible example. That BP chose a “green” theme that privileged environmental responsibility over many other possible social contributions addressed a significant vulnerability shared by companies in this industry. As we have seen with the 2010 Deepwater Horizon oil spill or the 1989 Exxon Valdez incident, the environmental and human cost of securing energy resources can occasionally be spectacularly tragic and very public. Read More »

CFP: Best Graduate Student Paper Prize, The Alcohol, Drug, and Tobacco Study Group (ADTSG) of the Society for Medical Anthropology

The Alcohol, Drug, and Tobacco Study Group (ADTSG) of the Society for
Medical Anthropology requests submissions for the best graduate student paper in the anthropology of alcohol, drugs, pharmaceuticals, tobacco or similar substances. Qualifying submissions will be judged by a committee of ADTSG members.  The author of the winning paper will receive a cash award of $100 and her or his name will be announced in Anthropology News and at the Society for Medical Anthropology awards ceremony at the American Anthropological Association Annual Meetingin November. Submissions from all anthropological sub-disciplines are encouraged.

Or Similar Substances

QUALIFYING CRITERIA
§  No more than 9,000 words
§  Must be based on original fieldwork and data
§  Must have been written in the past 12 months
§  Primary or first author must be a graduate student at time of submission
§  May be unpublished or submitted for publication at the time of submission

JUDGEMENT CRITERIA
§  Originality of fieldwork and data
§  Richness of substantive or evidentiary materials
§  Clarity of anthropological methods
§  Linkage of work to social science literature
§  Effective use of theory and data
§  Organization, quality of writing, and coherence of argument

SUBMISSION PROCESS
§  Please do not include your name or any identifying information in the
paper itself
§  Papers must be double spaced and in PDF format (please include page
numbers)
§  References should be formatted in the American Anthropologist style
§  Please submit an electronic copy to Taz Karim, chair of ADTSG at
karimtaz[at]msu [dot]edu.
§  Submissions must be received by 5:00PM EST, September 1, 2012 for full consideration

Shanghai Reflections, Part Two: Talking Across Levels of Analysis

Editor’s Note: Today, the Points blog presents the second part of my (Joe Spillane) reflections on the recently-concluded meeting, “Drugs and Drink in Asia: New Perspectives from History.”  Part one of these reflections considered the problem of talking across substances, while today’s comments consider the challenges posed by integrating levels of analysis.

We interrupted the first day of the conference to gather for a group photo near the meeting room where we had already completed the meeting’s first session.

Drugs and Drink in Asia Conference Participants

The session, which I chaired, was “Drugs and Empire”–and it highlighted some of the challenges in talked across levels of analysis at our conference.  Let’s begin with Zhiliang Su (Shanghai Normal University) and his paper, “Opium and the Progress of Asian History.”  Prof. Su offered something of a traditional narrative we would hear repeated several times at the meeting, one in which engagement with opium initiated a series of developments through which, “China lost both its sovereignty and conception and dignity and confidence” (from the translation by Pan Zhang, a Fudan University graduate student).  Opium, imposed on China by the British and later by the Japanese, is both the tool and symbol of imperial domination–the antithesis of personal and national sovereignty, with a decided focus on the latter.Read More »