Ashtray Blog: An Electronic Cigarette Blog

Class Action against Banzhaf

Banzhaf has recently called for a class action against electronic cigarette companies.

Now Smokles is asking if anyone is up for a class action against John Banzhaf.

While we are neither lawyers nor Americans, we thought it would be interesting to brainstorm some of Ash’s claims and actions that, if not illegal, are certainly outragous.

1. Non-disclosure of income

ASH has failed to disclose on its websites funds received from Pfizer, funds which create a conflict of interest on its campaign against the electronic cigarette. We have no idea if this is illegal in the US, though.

2. Attacking scientists

At the same time as receiving funds from big pharm, Banzhaf has maintained that scientists who defend the electronic cigarette are paid by e-cigarette companies. He is adapting an old public health organisation trick (any research that shows we are wrong must have been funded by tobacco companies), breathtaking in its hypocrisy when one considers that the current anti-smoking climate was partly brought about by a $99 million dollar grant from the Robert Wood Johnson Foundation. Possible libel?

3. Political Lobbying/Misuse of Fund

ASH is supposed to be protecting smokers. Instead, it is using donations to attempt to influence a political process and attack a product which a number of scientists have said is at least 99% safer than smoking.

4. Physical Harm

Which leads to actual harm being caused to smokers. If the assessments of the electronic cigarettes doctors and scientists such as Dr Joel Nitzkin are correct, ASH will actually cause the deaths of smokers who would have otherwise switched to cigarettes.

(At least, assuming billionaire John Banzhaf actually uses the funds. Considering all the money his organisation receives, it’s rather strange that he uses free press release, and paid a five year old to design his website.)

5. Lies?

I don’t know if public health companies are allowed to lie, but John Banzhaf has promoted false junk science, and used junk science to promote harmful actions such as separating parents from their children.

Banzhaf has also defended the right of newspapers to lie, attacking us when we criticised the Peninsula for stating that electronic cigarettes contain 40 times as much as nicotine as a cigarette.

6. Discrimination

ASH actively supports and promotes discrimination against smokers, including preventing smokers from using hospital waiting rooms. This is again based on junk science notions such as that of third hand smoke.

7. Just plain craziness

I mean, stating that propylene glycol can be found in anti-freeze. (It can – but so is water. Meanwhile, propylene glycol can also be found in FDA approved asthma inhalers and medicines.)

Or complaining about the levels of carcinogens in e-cigarettes when they are at similar levels to that found in nicotine cessation aids also approved by the FDA – and recomended by public health groups!

Any other grounds for complaint?

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2 Comments → “Class Action against Banzhaf”

  1. Paul 2 years ago  

    Good points and I suspect that American free speech laws which allow everything except communicating that some tobacco products are safer than others, would leave Banzhaf free to continue his juvenile behavior and misuse of ASH donations.

    But I had to laugh re your description of the five year old designing his website….so true. Perhaps he was the five year old.

  2. Kate 2 years ago  

    I believe that there's a condition of registration for tax exemption status for non profit groups in the US that they must not primarily act to benefit vested interests.

    Banzthings obviously doesn't have a dictionary either to tell the difference between smoking and vapour. Although he probably thinks he's powerful enough to redefine words himself.

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