Morning news reporter Debra Alfarone over at NBC Connecticut published a story on Tuesday titled "Call it E-Puffing, But Don't Do it Indoors" which has caused a bit of outrage on some electronic cigarette forums. Vapers , the term e-cigarette users prefer to call themselves, seem to disagree very strongly with some of the "experts" quoted in this story and question why NBC would bury the opinions of truly impartial e-cigarette experts in favor of those people heavily dependent to the pharmaceutical industry for their funding.

First up is Michelle Marichal of the American Cancer Society, listed on ct.gov as the contact person for their helpline, who was asked "if e-cigs are safer than old fashioned cigs" and was quoted as saying:

State legislatures considering banning electronic cigarettes have now heard the advice of their doctors, namely the Tobacco Control Task Force of the American Association of Public Health Physicians, an organization of physician directors of state and local health departments, who say bans are going too far and that this new product may actually be of great benefit in their fight against cancer and smoking related deaths.

The AAPHP is recognized by the American Medical Association as a medical specialty society and even has formal representation in the AMA House of Delegates. These are just the people one might think politicians should be turning to for recommendations on proposed legislation affecting the public health.

However, prompted by a strong lobbying effort from groups like the American Cancer Society, the Campaign for Tobacco-Free Kids, the American Heart Association and the non smokers rights group Action on Smoking and Health, which critics claim is largely funded by drug companies out to protect their profits, many states like New York, Utah, Illinois and New Jersey have recently introduced legislation that would ban or restrict the sale of E-cigarettes or their use in public spaces.

In a 32 page ruling released today for the Smoking Everywhere vs FDA lawsuit, US Federal Judge Richard Leon has said the FDA has no jurisdiction over electronic cigarettes, at least in so far as regulating them as drug delivery devices. The FDA's efforts to regulate ecigarettes as a drug has taken a severe blow and ecig makers, sellers and users around the globe are rejoicing.

In his ruling Judge Leon had scathing words for the FDA:

This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices, Unfortunately it's tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."

Ray Story, CEO of Smoking Everywhere said ""big big big victory for us." and ecigarette forums around the Internet lit up tonight with rejoicing and celebration at the good news.

What effect with this ruling have as the electronic cigarette industry faces challenges from attorney generals from California and other states as well as stiff opposition from anti smoking groups has yet to be seen.

Today Njoy, a leading electronic cigarette manufacturer announced they will be discontinuing the sale of any flavored nicotine cartridges except tobacco and menthol in the US market to bring their offerings in line with the requirements of traditional cigarettes by the Family Smoking Prevention and Tobacco Control Act. They anticipate the new flavor policy to be in full force by spring 2010. 

Jack Leadbeater, CEO of Njoy said "Electronic cigarettes represent a smoking alternative for adult committed smokers. We have no interest in marketing or selling our products to underage smokers and have taken numerous steps over the years to prevent youth access to our products. We hope other members of our industry will act responsibly and either follow our lead or innovate even better methods to ensure proper product use.”

The company further outlined the steps they have already taken to discourage the underage use of Electronic Cigarettes, including: