CDC refines definition of vaping-linked illnesses, lowers case count 0 49

CDC refines definition of vaping-linked illnesses, lowers case count

Mixed messages —

AS CDC clears air on illnesses, Trump announces hazy regulation.


A man smokes an e-cigarette.

Enlarge / A man smokes an e-cigarette.

The Centers for Disease Control and Prevention has updated and revised the national tally of illnesses linked to the use of e-cigarettes, aka vaping, dropping the count from 450 possible cases to 380 confirmed and probable cases, the agency announced late Thursday.

The new figure follows a clearer clinical definition for the illness as well as further investigation into individual cases. The 380 confirmed and probable cases now span 36 states and still include six deaths, as reported earlier. The CDC added that the current number of cases “is expected to increase as additional cases are classified.”

While health investigators are clearing the air around the clinical aspect of the cases, the cause is still foggy. Though all the cases are associated with vaping, investigators have struggled to identify specific vape products or ingredients that tie all the cases and symptoms together.

So far, investigations have narrowed to focusing on contaminants in counterfeit, black-market, and home-mixed vape liquids, particularly ones containing THC. Many people sickened reported using vape liquids containing THC (tetrahydrocannabinol, the primary psychoactive ingredient in cannabis) prior to falling ill. But the culprit or culprits are still under investigation.

Other problems

Meanwhile, the issue of e-cigarette regulation became blurred this week as well. On Wednesday, President Donald Trump announced intentions to ban flavored e-cigarette products. During the announcement he referenced the current outbreak of vaping-related illnesses, saying:

“We have a problem in our country.  It’s a new problem.  It’s a problem nobody really thought about too much a few years ago, and it’s called ‘vaping’… There have been deaths and there have been a lot of other problems.”

Flavored, nicotine-based vape products have generally not been eyed as a suspect in the vaping-related illnesses and deaths—particularly those products made by mainstream manufacturers, such as Juul and Blu.

Such a ban appears unlikely to impact the current outbreak—but it may help combat another public health concern: teen vaping. The Food and Drug Administration and the CDC have long blamed flavored products for the sharp uptake of e-cigarette use in children and teens. The products include fruity, candy, alcohol, and dessert flavors, which are thought to be targeted directly to youth, echoing the tactics that tobacco companies used to entice and hook customers long ago.

E-cigarette use among middle and high school students rose from 2.1 million in 2017 to 3.6 million in 2018, according to the CDC. As such, the CDC and FDA have described youth vaping as an “epidemic.”

Dark episode

Vaping industry groups and proponents, however, argue that it’s dangerous to demonize vaping generally and combine the vaping-related illness outbreak with the issue of teen e-cigarette use.

You’re terrifying people who are benefiting from vaping by not smoking,” Clive Bates, a former chief of the UK charity Action on Smoking and Health (ASH), told Politico.

ASH and government health agencies in the UK have embraced e-cigarettes as a way to wean people off traditional cigarettes. As such, Bates and others think that US authorities should have more nuanced messaging on vaping dangers, particularly those from the unregulated products linked to the illnesses and deaths. Bates added that the current stance by US agencies is creating one of the  “darkest episodes in American public health… They have lost all their moorings with evidence and good practice,” he said.

(While the UK has a high uptake of e-cigarette use, the country has not seen a similar rash of vaping-related illnesses.)

Still, while vaping advocates oppose the ban on flavored products, it’s unclear when or if it will go into effect. The FDA still has to finalize the regulation and experts expect that e-cigarette makers will challenge the legality of the ban in courts.

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Google Maps gets new icon, tweaked UI for 15th birthday 0 10

Google Maps gets new icon, tweaked UI for 15th birthday

OK, but what about dark mode? —

There’s a new icon, new tabs, and the death of the hamburger button.


  • Left: the new Google Maps logo. Right: the old logo.

  • The new logo loosely follows Google’s new icon style, which is slowly creeping across the app lineup.

  • Here’s the “new” Google Maps. There are two new tabs at the bottom and “For You” was renamed to “Updates.” Also the hamburger button is dead.

  • Here are the two new tabs. Neither of these sections are new; they’re just tab buttons now.

Google Maps is turning 15 this year, and Google is celebrating with a new icon and a few UI tweaks.

First, the Google Maps icon is no longer, well, a map and is now a multi-colored map pin. Like all of Google’s other recent icons, Maps’ icon follows a formula of outfitting a simple shape or letter with the colors red, blue, green, and yellow, and calling it a day. You can expect this new icon to pop up on your phone sometime soon.

The bottom tab navigation is going to switch from three tabs to five, with new tabs for “Saved” (Saved places), “Contribute,” and “Updates.” None of these sections really represent new features, they just used to live in the left-side navigation drawer and now they have top-level access via the tab bar. Speaking of the left-side navigation drawer, the hamburger button that used to open it is dead. Presumably, the settings and other miscellaneous menu options will live under the account switcher, accessible via your profile picture on the right side of the search bar.

Crowdsourcing has always been a major source of information for Google Maps, and soon Google says it will start surfacing information based on surveys that past Google Maps users have filled out. Things like the temperature of a mass transit car, accessibility, and the security level will soon be surfaced when you’re planning your travels.

Google’s last update concerns the company’s augmented reality “Live View” mode in Maps. Instead of unreliable smartphone compass hardware, Live View cross-references your camera feed with Street View imagery to figure out the direction you’re facing. The feature is meant to help with walking navigation in big cities, where getting that first turn right can often be a challenge. Live View works, but location compatibility is currently extremely limited right now. Google says it will be “expanding Live View and testing new capabilities” over the coming months but doesn’t provide any detail on what, exactly, that means.

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Downloading public court documents costs a dime a page—is that legal? 0 18

Downloading public court documents costs a dime a page—is that legal?

Tear down this wall? —

Federal courts use hefty PACER fees to pay for non-PACER projects.


Chief Justice John Roberts.

Enlarge / Chief Justice John Roberts did not actually use PACER fees to buy a new chair. That’s just a hypothetical example.

Mark Wilson/Getty Images

If you need documents from federal court cases, you’re in luck. Almost every brief, exhibit, and legal ruling is available for download from the judiciary’s PACER website. But there’s a catch: documents cost 10 cents a page.

In 2016, three nonprofit organizations, the National Veterans Legal Services Program, the National Consumer Law Center, and the Alliance for Justice sued the federal courts—in federal court. The class action lawsuit, filed on behalf of all fee-paying PACER users, argued that these hefty charges were illegal. Federal law allows the courts to charge fees “only to the extent necessary” to provide public access to information. Over the last 15 years, the cost of storage and bandwidth has plunged. Yet PACER’s fees have actually risen from 7 cents to 10 cents. These fees have raised far more money than it costs to run the PACER system: $146 million in 2016 alone.

In a 2018 ruling, Judge Ellen Huvelle largely agreed with the plaintiffs, concluding that the courts are breaking the law by spending PACER money on non-PACER projects like installing flat-screen TVs in courtrooms and sending electronic notifications to bankruptcy creditors. On Monday, the case reached the Court of Appeals for the Federal Circuit, where three judges heard oral arguments from each side. Judges seemed skeptical of the arguments of government lawyers representing the judiciary.

Before I explain the arguments, I should note that I’m not a neutral observer on this issue. As a reporter, I’m a frequent user of PACER; Ars Technica will probably get some money back if the plaintiffs win this lawsuit. Also, a decade ago, I helped create RECAP, a browser extension that helps PACER users share documents with each other and avoid paying PACER fees. I’ve long been on record arguing that public court documents should be free to the public—not locked behind a paywall.

The current lawsuit wouldn’t go that far. Both sides agree that the courts are allowed to charge something for judicial documents. But the two sides in Monday’s oral arguments disagreed radically about how much the documents should cost. Plaintiffs argued that the law only allows the courts to charge the marginal cost of distributing documents—a tiny fraction of the current fee. The Administrative Office of the Courts, on the other hand, has argued for an expansive interpretation of the law that allows them to charge as much as they want and to spend it on anything related to distributing information electronically to the public.

In her 2018 ruling, Judge Huvelle charted a middle course. She ruled that the courts could not only charge for the cost of delivering a particular document to a particular customer, but also for the costs of maintaining the infrastructure behind the PACER system. That includes CM/ECF, the website that litigants and judges use to upload, organize, and view case documents. She concluded that these costs are relevant because PACER is fundamentally a public-facing front-end for the CM/ECF system. But she held that the courts couldn’t use PACER fees to pay for projects completely unrelated to PACER.

“We’re redecorating all judges’ offices with gold plate”

Monday’s oral arguments (MP3 recording here) didn’t go well for Alisa Klein, the government lawyer representing the judiciary. At one point an exchange got so testy that Judge Raymond Clevenger snapped, “Do you have a lot of trouble answering questions generally in life or just when you come in front of the court?”

Rather than directly defending the courts’ use of PACER fees for non-PACER purposes, Klein spent most of her time arguing that the courts shouldn’t be hearing the case at all—an issue known as “standing” in legal jargon. While the law restricts how fees can be spent, she said, Congress didn’t intend to let individual PACER users sue the courts if the law wasn’t followed.

The judges seemed skeptical. Clevenger asked incredulously whether it would be legal for PACER fees to be used to replace “the curtains at the Supreme Court” and to buy “the Chief Justice’s new chair.”

“We’re redecorating all judges’ offices with gold plate,” he said sarcastically. Under the judiciary’s theory, he said, “there’s absolutely no remedy” for this kind of illegal spending.

But Klein pointed out that the judiciary’s budget gets reviewed and approved every year by Congress. If Congress doesn’t want the courts spending PACER fees on gold-plated office renovations, Congress can easily nix expenses it doesn’t like. This annual process of oversight and appropriations, not lawsuits from private citizens, should shape spending decisions by the courts, she argued.

If the judges do decide that the courts have overcharged customers, they’ll be left with the tricky problem of deciding how much was overcharged. Deepak Gupta, the lawyer who represented the non-profit plaintiffs, said he didn’t have enough information to draw a clear line between permitted and illegal uses. He suggested that the judges send the case back down to the lower courts with instructions to dig into the courts’ budgets, uncover more information, and then rule on the issue.

While this lawsuit might force the courts to reduce PACER fees, eliminating the paywall entirely will probably take action from Congress. Last year, Rep. Doug Collins (R-Ga.) introduced legislation requiring the courts to make PACER documents available free of charge. But so far the bill hasn’t gotten much traction.

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