FDA Loses In Court – E-Cigarettes Will NOT Be Regulated (Must Read)

Let me just say that things have been quite hectic this morning.  I just did an interview with a local trend-watching company that wanted my take on some of the happenings in the electronic cigarette industry.  Turns out, I’m included in a major press release that went out this morning. I’ll post a version of the release later on once I see it in circulation but they asked me repeatedly, “hey are you okay with these quotes going national?” so I assume it’ll be a featured news story.  Don’t I feel honored!?!

Anyways, the big news I have for you follows – the FDA lost a battle in court to regulate electronic cigarettes. Yes, you heard me right.  The Federal Appeals Court denied the motion by the FDA on December 7, 2010.    (Yesterday.)

The ruling said in specific that e-cigarettes are “not drug-delivery devices but are more like mainstream tobacco products.”  Therefore, they do not need to go through the various difficult FDA trials, but can be regulated like regular cigarettes. Of course, the many maker’s of electronic cigarette devices were ecstatic with this ruling, as was I being a strong supporter of e cigarettes, but of course, there were the “haters” as I call them, extremely upset that these devices are in circulation.  Of course, each side has two arguments, and while I have made it clear which side I am on, let me play devil’s advocate for a minute.
There are people out there who feel e cigarettes are BAD for us.  They feel they lack the trials and long term testing to show a stable product.  While I can’t argue that e cigarettes are a new product – they are improving by design each month that passes, and I can say I’ve witnessed a big improvement in the industry in the 18 + months I’ve been blogging about it.  Sure, there may be some apprehension by some to embrace this new smoking trend, and it’s something people really have to wrap their arms around socially.  But “socially” these e cigarettes have been accepted wherever I have test driven them, and perhaps nobody out there has the experience I do walking into places and “fake lighting” up my e cigarette.  Sure, a lot of bouncers, French door guys, and managers have questioned me initially, but after a quick explanation, I’m usually giving them a demonstration and quick education about the product.  Most conversations end with me writing down known discount codes for electronic cigarettes.  In other words, they always get a warm reception in public!
What you can expect out of this is the following…..
  • Tighter regulation on “claims”
  • “Stern warnings and fines handed out” to companies marketing with questionable claims
  • Big fines levied for anyone marketing to minors
  • Much more “hands on” approach when looking into marketing of e-cigarettes by FDA
For the record, I’m in 100% agreement with all of these changes.  I support the “proper” regulation of marketing claims. If you have read my blog in the past, you know I’m against marketing to minors, and have called out companies for doing so in local shopping malls.  I also am against marketing this as a smoking cessation device, as it was first marketed by some companies.  I think while e-cigarettes are a great tool and fun way to vaporize smoke and simulate smoking, the marketing has to be done properly.  Now with products not being regulated and hassled by the FDA, I think the companies out there already enjoying success should follow suit in marketing properly.  There are a lot of great minds out there, so I feel this will be a positive thing.
Happy vaping, it’s a great day for e-cigarettes.  :)
How do ya’ll feel about this?