THE PM BOMBSHELL Healthier Choices Management Corp (HCMC) vs Philip Morris (PM) DD Co-Authored by @TTrader1976 aka Julian Saunders and @IrishTiger15 Since most people don’t like to read, we will begin by dropping the BOMBSHELL and then we will follow up with specific details via the link in this tweet. THE BOMBSHELL PM does NOT have a patent for their IQOS device in the USA but on 30th April 2019, the FDA gave PM approval to sell their IQOS device in the USA because it presented that the device does not go above
350 Degrees Celsius On 19 August 2020, PM was granted a EUROPEAN PATENT for its IQOS device. Here is the quote from the European Patent regarding the temperature range of the IQOS. “Preferably, the electrical energy is supplied to the heating element (or, in embodiments where further heating elements are included, to one of more of the heating elements) until the heating element or heating elements reach a temperature of between approximately
250 to 440 Degrees Celsius “
THE FACTS We will present the FACTS, based on: 1. 2. 3. 4. 5.
The 33 page MOTION TO DISMISS doc by PM. THE FDA Official Doc approval of PM’s IQOS device. The IQOS EUROPEAN PATENT, JAPANESE PATENT & USA Application for PATENT The Helsinki Independent Study on when Tobacco combusts. The Money Trail for Tobacco Lobbying and FDA related matters.
6. Independent Scientific IQOS Study: Evidence of PYROLYSIS
NONE of what we are presenting is left open to interpretation. This is NOT our OPINION. In FACT, it is based on LEGAL DOCUMENTS all filed by PM THEMSELVES for the purposes of their IQOS device, and by verified SCIENTIFIC and FINANCIAL publications. Once you go down the PM rabbit hole, you have to go all the way to fully comprehend the overarching narrative. 1. You have to know WHERE to look. 2. You have to know WHAT you’re looking for. *Disclaimer - This information is NOT intended to give FINANCIAL ADVICE for the purposes of BUYING or SELLING STOCK.
THE MOTION TO DISMISS Source of Evidence
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Pg 24 of 33 of PM’s Motion to Dismiss
In PM’s MOTION TO DISMISS, their biggest argument is that their device does NOT exceed 350 Degrees Celsius that it does not COMBUST, and even compare what a HUGE difference there is between 350 Degrees Celsius and that of a cigarette where temperatures occur between 470 and 812 Degrees Celsius.
THE IQOS EUROPEAN PATENT The IQOS Patent in Europe was granted on 16th September 2020 In PM’s European Patent for the IQOS device, it clearly states that the temperature reached between 250 AND 440 DEGREES CELSIUS and even makes a point of comparing it to the “combustion of tobacco and cigarette wrapper that may reach 800”
To see this information for yourself, click on this link PM/EU PATENT Then choose DESCRIPTION TAB Then scroll down to point [0014]
NOTE - No mention of 350 degrees in the entire PATENT DOC
THE IQOS JAPANESE GRANTED PATENT The IQOS Patent in JAPAN was granted on 9th February 2016
To see this information for yourself, click on this link PM/JAPAN PATENT Then Click on Claims and scroll down.
NOTE - No mention of 350 degrees in the entire PATENT DOC
THE IQOS USA PATENT APPLICATION The application for the USA IQOS Patent was submitted on 16th September 2020
In PM’s USA Application Patent for the IQOS device, it clearly states that the temperature reached between 250 AND 440 DEGREES CELSIUS and even makes a point of comparing it to the “combustion of tobacco and cigarette wrapper that may reach 800”
To see the information for yourself, click on this link USA PATENT APPLICATION Then scroll down to Description NOTE - No mention of 350 degrees in the entire PATENT APPLICATION
THE FDA’s APPROVAL OF PM’s IQOS DEVICE On 30th April 2019, the FDA gave PM approval for its IQOS DEVICE in the USA.
Notice the last line: “Agency will closely monitor Real-World data to assess if Marketing continues to be appropropriate.” To read the full article CLICK HERE Below is the exact language from the FDA doc for PM’s IQOS device.
To see this information for yourself, click on this link FDA/PM and scroll down to Pg 16. It is the first paragraph at the top of the page.
NOTE - NOWHERE DOES IT STATE ANYTHING ABOUT THE IQOS ABILITY TO OPERATE BETWEEN 250 AND 440 DEGREE CELSIUS IN THE OFFICIAL FDA DOC
PM’S JOURNEY WITH THE FDA This section deals with HOW PM got the FDA to approve their device, even while opposing groups were providing data showing that not all the scientific information was taken into consideration.
FOLLOW THE MONEY AND SEE WHERE IT GOES We have to preface the following by saying, we are NOT political. This is NOT about Right or Left. It’s a fact that both sides lobby. This is about how GIANT companies can carry favor (because of their spending power) over the EVERYDAY LITTLE GUY (who doesn’t have that ability to spend) This is important to understand PM’s journey with the FDA. Click here for article 1. New administration takes over Nov 2016 2. PM applies to the FDA for their IQOS device Dec 2016 3. In the first quarter of 2017 alone, tobacco companies and trade associations spent more than $4.7 million on federal lobbying, including $2.3 million by Altria, $1.3 million by Philip Morris International and $589,848 by Reynolds American. Lobbying disclosure filings show Altria has hired at least 17 lobbying firms and Reynolds hired at least 13
such firms. Altria recently added a former chief of staff for Senate Majority Leader Mitch McConnell to its stable of lobbyists. ALTRIA is PM (same company) which means they gave $3,600,000 (76.5%) of the $4,700,000 in Q1 of 2017 alone. 4. On April 30th, 2019 the FDA approved PM’s IQOS device for sale. Click here
However, On Philip Morris’s website, CLICK HERE, they say they DON’T make political contributions.
And yet...
From April 2017 to April 2019 Altria/PM spent approximately $32m on Tobacco lobbying and approximately $26.5m (82%) related to FDA matters. Click here
TOBACCO SCIENCE
Scientific Studies like an independent paper from two professors from the university of Helsinki state that pipe temperatures , cigarette temperatures and cigar temperatures are completely different. TOBACCO begins to BURN at a different point depending on the environment that it is in. E.g 1. 470 degrees celsius for cigarettes 2. 380 degrees celsius for cigars 3. 380 degrees celsius for pipes. However, PM has made a one sided argument to the FDA by simply comparing it to that of a burning cigarette. You have to compare APPLES to APPLES, NOT APPLES to BANANAS.
PYROLYSIS Here is an independent scientific study of the IQOS device. Go to the bottom of the article to read about PYROLYSIS, a word NEVER mentioned in the: 1. Motion To Dismiss 2. Any of the EU and JAPAN Patents or in the Application for US PATENT READ ALL
WHAT IS PYROLYSIS
1. PM claims EMPHATICALLY that there is ZERO COMBUSTION with the IQOS device. 2. HCMC’s patent is for PARTIAL COMBUSTION. 3.
ZERO is a DEFINITIVE number. PARTIAL is NOT.
PYROLYSIS IS CONSIDERED AS THE FIRST STEP IN THE PROCESSES OF GASIFICATION OR
COMBUSTION HCMC merely has to show that IQOS has partial combustion, because THAT is exactly what their patent is for.
THE IMPORTANCE OF NUMBERS 350 - 380 - 440 - 470 (everything is in degrees celsius)
350 a) b) c) d)
350 is the number that PM sold to the FDA. 350 is what PM uses to market the IQOS device. 350 is NOWHERE to be found in any of the PM Patent Documentation. 350 is what PM uses to distance itself from cigarettes lowest temp of 440
380 a) 380 is when tobacco begins to burn in a pipe. b) 380 is when tobacco begins to burn in a cigar. c) 380 is the number PM NEVER mentions in any of its documentation as a number when tobacco can begin to combust.
440 is the MAGIC NUMBER a) b) c) d)
PM’s IQOS temperatures range from 250 to 440 PM NEVER shares with the FDA that it’s device can go up to 440 PM mentions 440 in ALL of its patents. 440 is only 30 less than when tobacco combusts in cigarettes at 470.
e) 440 is 90 over from when tobacco combusts in a pipe, a cigar (and where partial combustion happens in the HCMC patent) f) PM never mentions 440 in ANY of its IQOS marketing messaging.
470 a) Is when tobacco begins burning in cigarettes.
OUR SUMMARY FACTS 1. 2. 3. 4. 5.
PM’s IQOS Patent temperatures range between 250 to 440 Degrees. Nowhere in the EU, Japanese or USA application patent do they mention 350 degrees. Nowhere in the FDA documents does it mention 250 to 440 Degrees PM withheld information from the FDA that the IQOS is able to go up to 440 PM conveniently left out 35 HARMFUL AND POTENTIALLY HARMFUL CONSTITUENTS (HPHC’S) from its toxicology report to the FDA.
OUR OPINION (and this is only our opinion) PM found out that partially burning the tobacco was the key to a new safer product. The problem was, HCMC was already there with a US patent that had partial combustion. PM DOES NOT have a US patent for their IQOS device so their strategy was to get the FDA to review their proposal, get approval, and go to market. And it worked! The FDA was NOT checking to see if PM was infringing on other patents, (that’s not their job) they were simply passing a view that what had been proposed by PM, was far safer than original cigarettes, and that’s what they did. PM does NOT want this to go to DISCOVERY, because it will flip the whole thing wide open and they do NOT want that to happen, because it will reveal many things they do not want in that FDA report. They need the FDA on their side to go to market in the USA. They are currently only in three states.
MOST IMPORTANTLY PM WILL HAVE TO PROVE THAT PYROLYSIS DOES NOT OCCUR IN THE IQOS. *Disclaimer - This information is NOT intended to give FINANCIAL ADVICE for the purposes of BUYING or SELLING STOCK