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Information on the Political Topics of Electronic Cigarettes

Politics News Stories

FDA files appeal in Ecigarette case .... again

In a not completely unforeseen move, the FDA has filed an appeal to the result of their appeal in the Sotera vs FDA Ecigarette case.

Earlier this month the US Court of Appeals upheld the earlier ruling that the FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products. Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009, the FDA asks that the entire court of appeals for the district of Colombia hold a new hearing to review the appeal and reinstate a stay of the preliminary injunction barring them from seizing ecigarette imports pending that hearing.

 


MHRA Cancels Consultation with Carl Phillips Regarding Electronic Cigarettes

The UK Medicines and Healthcare products Regulatory Agency, the United Kingdom's version of the FDA, wants to classify electronic cigarettes as a drug device. To that end they had scheduled a consultation meeting where they hoped to gain support from expert testimony for their recent proposal of giving e-cigarette manufacturers just two weeks to license the product as a drug under their jurisdiction, a process which usually takes two years.


States Considering Electronic Cigarette Bans Get Advice from Doctors

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.


FDA has No Authority over Electronic Cigarettes as a Drug Device says Judge Leon

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.


California Governor vetos SB400 Electronic Cigarette Ban

Governor Schwarzenegger has vetoed California's SB400 which would have classified electronic cigarettes as a drug and banned their sale in the state until they are FDA approved. It is now up to the california senate to either pass the bill with a 2/3 majority, or add age restrictions to it.

Governor Schwarzenegger said in his message to lawmakers:

To the Members of the California State Senate:

I am returning Senate Bill 400 without my signature.

While I support restricting access of electronic cigarettes to children under the age of 18, I cannot sign a measure that also declares them a federally regulated drug when the matter is currently being decided through pending litigation.

 Items defined as “tobacco products” are legal for anyone over the age of 18. If adults want to purchase and consume these products with an understanding of the associated health risks, they should be able to do so unless and until federal law changes the legal status of these tobacco products.

 For this reason, I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

 


Politics e-Cig Blog Posts

Popularity of Electronic Cigarettes drives Fear

The other day I reported on a new study published in the American Journal of Preventative Medicine, "Tracking the Rise in Popularity of Electronic Nicotine Delivery Systems ("Electronic Cigarettes") Using Search Query Surveillance" which showed that between 2008 and 2010 Internet searches for electronic cigarettes rapidly surpassed those for nicotine replacement therapies and for drugs like Chantix on the order of "several-hundred-fold". Now, for those of us in the know this is not really news, but it did get me to thinking about some things, particularly how the popularity of electronic cigarettes might be driving the increase in fear mongering and state level lobbying by anti smoking groups and drug companies.


FDA to start examining ingredients of cigarettes and tobacco products

Tobacco corporations must have all their products evaluated by the Food and Drug Administration in the next 10 weeks. A law passed in 2009 gives the Food and Drug Administration authority to regulate tobacco as a drug. The merchandise review is a provision required by that law. Tobacco products that have been altered or introduced since February 2007 must have their ingredients approved by the FDA to continue being sold. Otherwise they might be checking out installment loans in order to get their products accepted.

Regulation for tobacco funded by companies selling tobacco


In a move intended to rid the market of the most addictive tobacco products, tobacco companies must get FDA approval for products that have been launched or altered since Feb. 15, 2007. Tobacco companies have to prove to the Food and Drug Administration that all of the smokeless tobacco and cigarettes are, by March 22, "substantially equivalent to those marketed prior to that date." Tobacco companies must pay to fund the reviews and any resulting regulatory action. There is no need for smokers to have more health risks or encourage non-smokers to want to smoke even more. That means the FDA will ban the cigarettes that have tobacco product ingredient changes so much that they do this.


FDA Warns 5 Ecig makers for violations of FDCA

Friday the FDA sent warning letters to five electronic cigarette makers citing various violations of the Federal Food, Drug, and Cosmetic Act (FDCA). These violations stem from unsubstantiated health claims made by these companies in their marketing and poor manufacturing practices.

Let me say first however, none of the brands featured on this site were among them and only one of them, Gamucci, has ever been listed in our brand index.

None of this is really that big of a surprise. The FDA has been saying all along they will go after ecig makers who make health claims or claim the Ecig is a great way to stop smoking before they receive FDA approval as a smoking cessation product. While many ecig users, aka Vapers, are very steadfast in their assertions that electronic cigarettes are the greatest way to stop using tobacco ever invented, some manufacturers and distributors don't grasp that legally they just can't say that in their marketing without formal studies and scientific proof. 


Save the Ecig Kudos to Instead!

Save the Electronic Cigarette!! As actisim finally starts to heat up around the industry I've been very critical that many retailers and manufacturers have not done enough to point their customers towards the many petitions various folks have written or to send them to the requests for comments at places like the all important FDA. I think mostly it's that they do not wish to alarm the average customer or feel that it's none of their business to be activists or perhaps they fear it may bring unwanted attention by the FDA or anti smoking groups.

Honestly, I really don't know why many have not joined the fight. It's the retailers who have the email lists of all the vapers of the world. It's they who could most quicky mobilize all the vapers, not just those who find the handful of forums or sites like this. It is the retailers and manufacturers who make the most off ecigs and could band together to hire some professional Public Relations folks to help us combat the pros our enemies own.


MHRA Reschedules E-cigarette Consultation Meeting

A few days ago we reported that the MHRA, the UK Medicines and Healthcare products Regulatory Agency, the United Kingdom's version of the FDA, wants to classify electronic cigarettes as a drug device and had scheduled a consultation meeting to hear from industry experts.

Upon learning that Prof. Carl Phillips, world renowned tobacco control expert and strong supporter of ecigs would attend at his own expense to counter the drug companies paid "experts", he was initially refused access as an independent party and had to take a temporary consultant position with E-Cigarette Direct, the UK distributor for Njoy, to gain access. The MHRA decided to reschedule the meeting instead citing a rule violation that meetings can not be held during elections. At that time it was felt that perhaps the catalyst for this decision was not a rule violation, but rather the hopes that Prof. Phillips would have to return to Canada and not be able to attend.


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