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The FDA Attempt To Ban Electronic Cigarettes Is Prevented By The Judge In Federal Court

Accusations that the FDA was being influenced by big tobacco began to circulate with the first FDA statement questioning the safety of electronic cigarettes. The statement was based on an extremely small non-scientific test and claims made were that various problems “might” be encountered by users of e-cigarettes.

The danger of using tobacco has been scientifically documented for more than forty years. That is when warnings first appeared on cigarette packs advising users of the danger posed by smoking cigarettes. The warning language used in the U.S. is some of the weakest required in the world and only last year did the FDA decide to begin regulating tobacco products. Regulations applied to a single industry have the effect of making it harder for competitors to gain a foothold in the market. For this reason alone tobacco companies claimed to welcome new oversight by the FDA.

After hinting about banning electronic cigarettes several times, the FDA established a ban on e-cigarettes and electronic smoking supplies imported from China. The reasons offered by the FDA for this ban seemed to vary but then coalesced into a “fear” that e-liquids used to refill electronic cigarettes would lure underage people into smoking and addict them to nicotine.

The ban ended up in federal court on January 15, 2010 where a federal judge ruled the FDA could not ban the importation of electronic cigarettes. The judge strongly criticized the federal agency for aggressive tactics that seemed aimed at designating a particular recreational product as a drug or device in an attempt to make the product unavailable to the public.

Referring to the new tobacco division created within the FDA to regulate tobacco companies, the court opined the same regulations could be applied to electronic cigarettes. Regulation of marketing claims and contents of products should be applied to both versions of smoking products according to the court ruling.

The FDA quickly released a statement opposing the court’s view and expressing concerns over health issues that might be posed by e-cigarettes. Critics have pointed out the tendency of the FDA to change focus from dangers of youthful smoking to general health concerns when it suits the agency. If the FDA appeals the court decision it will have full backing of tobacco manufacturers who would love nothing more than to see new competition banned.

Allowing the FDA to set standards and restrictions on e-cigs that are not a requirement for tobacco would create an unfair market. There would be a significant increase in the cost of e-cigarettes which would benefit tobacco producers who can’t compete with the low cost of electronic alternatives.

The court decision defined a need to scrutinize the relationships that exist between tobacco companies, pharmaceutical concerns and the FDA. Taxes from the sales of tobacco products put billions of dollars in federal and state government coffers annually. Many of the attempts to create fear of electronic smoking alternatives seem to be more concerned with the financial bottom line than with the protection of public health the FDA is charged with. Had big tobacco been the industry that introduced and promoted electronic cigarettes it is doubtful a controversy would exist.

The unusual steps taken by the FDA have created their own controversy about the focus of this government agency. The FDA has never proposed banning tobacco products to protect the health of the public. Traditionally, the FDA issues statements and warnings and takes action only after conducting full scientific testing. In the case of the FDA vs electronic cigarette manufacturers, the FDA has ignored testing to develop standards and instead has focused on finding reasons to ban a product that is arguably safer than the product it may eventually replace.

Mary Kay Rivers has become a true expert on all aspects of e-cigs. Her publications “When Were Electronic Cigarettes Invented?” and about the best electronic cigarette are very popular.

categories: Stop Smoking,Quit Smoking,Addiction,Health,Gadgets,Medicine,Inventions,Products,Lifestyle,Electronics,Other

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