Articles | Resolution Found Between The FDA and Electric Cigarettes

The relationship between companies supplying e cigarettes and the food and drug administration has only recently been clarified. Since 2008 and there have been attempts to regulate the industry and block imports but the confusion over jurisdiction and classification has not helped the position much.

Electronic cigarettes work by vaporizing a liquid that can then be inhaled like smoke and the typical belief is that they're a completely harmless alternative to tobacco products and that they can even be a replacement for those who want to quit smoking. These claims are not supported and they are not endorsed by the food and drug administration as smoking cessation aids.

A public warning was issued in 2009 after 19 different e cigarette cartridges from two different manufactures where tested. It was found that they contained tobacco specific carcinogens and irritants and one of them even contained ethylene glycol which is a sort of anti-freeze. There were likewise concerns that the fruit flavors and misleading marketing could make the items appealing to young people and non smokers.

It was found that just one of the cartridges which was supposed to be free of nicotine actually was. Cartridges were also marked as having low medium levels of nicotine but when tested they were found that different cartridges in the same category would release completely different levels of nicotine. This led them to believe that manufacturing standards required to be regulated.

The accompanying year the food and drug administration sent out letters to five different manufacturers warning them that they would be subject to regulation thanks to claims made about their products. A few of them had marketed their products as aids to give-up smoking which is a medical claim and one of them had even made claims that they might treat erection problems and help with weight reduction.

Originally imports where banned as e cigarettes where considered unregulated drug shipping devices but this didn't stop the sale of these products. One or more of the manufacturers who had their imports blocked appealed this decision in a court room saying that their products did not need to be regulated as a drug delivery device if they didn't make therapeutic claims.

Eventually the court ruled in their favor but in the meanwhile the Tobacco Control Act had been enacted which gave the food and drug administration jurisdiction over tobacco products. Under the new act there are provisions for product marketing, as an example tobacco products can't be advertised at the side of any other product that is dependent on regulation. Products and ingredients likewise need to be listed and good manufacturing practices need to be abided by.

New products in the marketplace would also now be subject to pre market review. Any products which where on the market before February 2007 would not require pre market review nevertheless. If items are promoted for therapeutic benefits they will still be subject to regulation as medical products and it is still being decided whether guidance ought to be issued therapeutic claims. Overall it appears that the relationship between the makers of e cigarettes and the food and drug administration will only be of profit to the consumer now.