CA Banning E-Cigarettes Too Federal Court Ruling Due Soon

E-cigarettes have already been banned in Australia, Brazil, Canada, Israel, Mexico, and virtually in Oregon, restricted in Finland, Malaysia, and Singapore, threatened with legal action in Connecticut, and the subject of a major class action law suit. Now, reports public interest law professor John Banzhaf, they seem about to be banned in California, a move which could be followed in Kentucky and then in other states.

In related developments, e-cigarettes have been declared illegal by the FDA, the imports are being seized, and sellers might face criminal penalties; PayPal has stopped facilitating their sale; Facebook has reportedly dropped their ads; and at least one county has banned their use wherever conventional smoking is prohibited.

Also, more e-cigarette wholesalers are finding it necessary to provide product liability insurance
to their retail customers, and at least one insurance company is offering its own policies. The company explains the need for such insurance this way: "This device has not been approved by the FDA as a 'stop smoking aid' product. In fact, the FDA has issued a warning about the product (e-cigarettes) because marketers are presenting the e-cigarette as a healthier alternative to regular cigarettes. In addition, the cartridge contains several chemicals including nicotine that are hazardous to your health."

Banzhaf, who won a law suit which helped establish the FDA's jurisdiction over nicotine products, who filed a legal petition with the FDA demanding that they take action concerning electronic cigarettes, and whose warnings to PayPay led it to drop its e-cigarette accounts, notes that a federal court decision in a crucial e-cigarette law suit may be imminent.

The FDA and others have noted that e-cigarettes pose a wide variety of potential dangers to users, and perhaps also to those around them, both of whom inhale a mixture of nicotine (a dangerous and addictive drug) and propylene glycol (which is used in antifreeze, and may cause respiratory tract irritation).

In addition to nicotine and propylene glycol, the FDA recently reported that it found in samples of e-cigarettes a variety of "toxic and carcinogenic chemicals"
including diethylene glycol, "an ingredient used in antifreeze, [which] is toxic to humans"; "certain tobacco-specific nitrosamines which are human carcinogens"; and that "tobacco-specific impurities suspected of being harmful to humans - anabasine, myosmine, and ?-nicotyrine - were detected in a majority of the samples tested."

Meanwhile, law professor Banzhaf says, he will continue to work with several attorneys general to encourage and assist them to take action against the sale of e-cigarettes until they are approved for sale by the FDA, as the attorneys general in Oregon and Connecticut are already doing.

PROFESSOR JOHN F. BANZHAF III
Professor of Public Interest Law
George Washington University Law School
FAMRI Dr. William Cahan Distinguished Professor
FELLOW, World Technology Network
2013 H Street, NW, Washington, DC 20006, USA
(202) 659-4312 // banzhaf.net //

Contact Information:
George Washington University Law School

2013 H St., NW
Washington, DC 20006

Contact Person:
John Banzhaf
Professor of Public Interest Law
Phone: (202) 659-4312
email: email

Web: banzhaf.net

E-cigarettes have already been banned in Australia, Brazil, Canada, Israel, Mexico, and virtually in Oregon, restricted in Finland, Malaysia, and Singapore, threatened with legal action in Connecticut, and the subject of a major class action law suit. Now, reports public interest law professor John Banzhaf, they seem about to be banned in California, a move which could be followed in Kentucky and then in other states.

In related developments, e-cigarettes have been declared illegal by the FDA, the imports are being seized, and sellers might face criminal penalties; PayPal has stopped facilitating their sale; Facebook has reportedly dropped their ads; and at least one county has banned their use wherever conventional smoking is prohibited.

Also, more e-cigarette wholesalers are finding it necessary to provide product liability insurance

to their retail customers, and at least one insurance company is offering its own policies. The company explains the need for such insurance this way: "This device has not been approved by the FDA as a 'stop smoking aid' product. In fact, the FDA has issued a warning about the product (e-cigarettes) because marketers are presenting the e-cigarette as a healthier alternative to regular cigarettes. In addition, the cartridge contains several chemicals including nicotine that are hazardous to your health."

Banzhaf, who won a law suit which helped establish the FDA's jurisdiction over nicotine products, who filed a legal petition with the FDA demanding that they take action concerning electronic cigarettes, and whose warnings to PayPay led it to drop its e-cigarette accounts, notes that a federal court decision in a crucial e-cigarette law suit may be imminent.

The FDA and others have noted that e-cigarettes pose a wide variety of potential dangers to users, and perhaps also to those around them, both of whom inhale a mixture of nicotine (a dangerous and addictive drug) and propylene glycol (which is used in antifreeze, and may cause respiratory tract irritation).

In addition to nicotine and propylene glycol, the FDA recently reported that it found in samples of e-cigarettes a variety of "toxic and carcinogenic chemicals"
including diethylene glycol, "an ingredient used in antifreeze, [which] is toxic to humans"; "certain tobacco-specific nitrosamines which are human carcinogens"; and that "tobacco-specific impurities suspected of being harmful to humans - anabasine, myosmine, and ?-nicotyrine - were detected in a majority of the samples tested."

Meanwhile, law professor Banzhaf says, he will continue to work with several attorneys general to encourage and assist them to take action against the sale of e-cigarettes until they are approved for sale by the FDA, as the attorneys general in Oregon and Connecticut are already doing.

PROFESSOR JOHN F. BANZHAF III
Professor of Public Interest Law
George Washington University Law School
FAMRI Dr. William Cahan Distinguished Professor
FELLOW, World Technology Network
2013 H Street, NW, Washington, DC 20006, USA
(202) 659-4312 // banzhaf.net //
Contact Information:
George Washington University Law School

2013 H St., NW
Washington, DC 20006

Contact Person:
John Banzhaf
Professor of Public Interest Law
Phone: (202) 659-4312
email: email

Web: banzhaf.net
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