Mitch Zeller, director of the FDA Center for Tobacco
Products for the past nine years, is scheduled to retire this month. The agency released an
interview with Zeller on April 20, in which he “reflects on the time he
spent helping to make tobacco-related disease and death part of America’s past…”
One focus of the interview was Zeller’s account of the
center’s accomplishments under his direction.
He said, “I stand by having a long list of efforts and accomplishments,”
noting the following:
- “It starts with continuing to stand up the
Center. When I started as Director of
CTP, it had its doors open for a little over three years, and we were 426
people. We’re now over 1,110.”
- “incredible ongoing work from a compliance
enforcement standpoint through our state contracts.”
- “our remarkable public education efforts and
accomplishments in the Office of Health Communication and Education.”
- “I saw us as a Center work hard for many, many
years on the nicotine reduction product standard.”
- “we are using the product standard authority to
prohibit menthol in cigarettes, and all characterizing flavors, including
menthol, in cigars.”
- “We’ve done an incredible job in the face of
receiving applications for 6.7 million products under that court ordered
deadline…We’ve taken action on just over 99 percent of those applications but
of the approximately fifty thousand that remain, there are important decisions
that still need to be made…the challenge will be in getting through those
remaining applications as quickly as possible.”
I don’t doubt the increase in CTP staff or the agency’s
compliance enforcement efforts, however, its public education efforts were far
short of “remarkable.” They were, in
fact, abysmal, as reflected in the fact that numerous studies demonstrate that
Americans are horribly misinformed about nicotine health risks. For example, a
2018 study, using federal survey data, reported that over half of American
adults incorrectly believed that nicotine causes cancer. The study was conducted by Pinney Associates,
which provides consulting services on tobacco harm reduction to tobacco
manufacturers. (Prior to joining the FDA
in 2013, Zeller was employed by Pinney, which at that time had no tobacco
clients.)
In 2020, I noted in the American
Journal of Public Health, “The [second] largest FDA Center for Tobacco Products
budget item ($159.5 million, or 22%) supports public education campaigns and
communications to ‘reduce tobacco use’ and tell ‘target audiences’ about the
‘harms of tobacco product use.’ (here) In this
category, ‘The Real Cost’ Youth E-Cigarette Prevention Campaign (http://bit.ly/2IWTSWj ) shows e-cigarettes
invading adolescent bodies as worms and a magician converting e-cigarettes into
combustible cigarettes. The FDA has acknowledged, apparently without concern,
that the campaign convinces adult smokers that e-cigarettes are equally or more
harmful than cigarettes, thus suppressing quitting.” In 2018, I called American smokers’
misperception of e-cigarettes’ relative harm a nation disgrace (here).
During Zeller’s tenure, the FDA misinformation campaign consistently
targeted smokeless tobacco, without substantiation, as I discussed previously (here,
here
and here).
Zeller boasts of implementing a standard reducing nicotine in cigarettes to
near zero, a flawed smoking cessation prescription that I first criticized 28
years ago (here
and here). He also touts the agency’s menthol and flavor
bans (here),
which are destined to fail (here).
Zeller is effusive in his praise for his “incredible” CTP
colleagues and their “dedication” and “commitment to the mission,” which is an
apparent reference to “a world free of tobacco use” (here).
Zeller twice characterizes CTP staff as having “a never-say-die attitude,”
which is ironic, given that during Zeller’s nine-year tenure, four million
Americans died from smoking-caused illnesses.
The annual death toll in 2013 was 443,000; today it is 480,000.
As Clive Bates recently noted: “It remains hard to identify
a single thing FDA's Center for Tobacco Products has done that has a
demonstrable public health benefit. The priority should be to reform this
failing and bloated institution.”
Bates continued, “FDA needs
to find a better way to embrace harm reduction and make that work for public
health. At present, FDA regulates nearly
3,000 cigarette brands that are pervasively available and uniquely harmful. But
it is hard at work squeezing the life out of the vaping industry with
ridiculously disproportionate regulatory burdens. The problem is a lack of vision and a failure
to grasp fundamentals about youth risk behaviours, flavors, and the way most of
what it does has the effect, if not the intention, of protecting the incumbent
cigarette trade from competition.”