California Senate passes electronic cigarette ban

While the country was participating in 911 memorials the California Senate was busy passing SB400 which may ban the sale of electronic cigarettes in the state until such time as they are FDA approved or "cleared".

SB400 amends STAKE or the Stop Tobacco Access to Kids Enforcement Act and started as a bill on green energy but morphed into a bill to restrict tobacco access by kids at stores. But last minute additions to the bill specifically mention electronic cigarettes and any other forms of nicotine delivered in vaporized form, classifying them as a drug device and the e-liquid as a drug, while not changing the definition of any other nicotine delivery method like cigarettes or cigars.

The bill would not only reclassify electronic cigarettes as a drug system but would also authorize governmental "enforcement action to halt the sale, distribution, or offering for sale of electronic cigarettes that can deliver inhaled doses of nicotine by delivering a vaporized solution that has not been approved or cleared by the United States Food and Drug Administration."

The bill passed 16 to 14 with 10 not present and now goes to the governors office for signature or veto. It will pass into law on October 11th, 2009 if the Governor does not veto.

Video of the voting on California SB400

Editors Note: SB400 was ultimately vetoed by the governor on the grounds he had no authority to reclassify electronic cigarettes as a drug and that the FDA's jusrisdiction over the products was currently involved in a federal lawsuit which was undecided.