Judge: FDA Cannot Regulate Electronic Cigarettes

[Hosehead]

A very important ruling. EPIC.

A federal judge says the Food and Drug Administration overstepped its authority in recent efforts to regulate electronic cigarettes.

A ruling by U.S. District Court Judge Richard Leon handed down Thursday sides with two electronic cigarette suppliers, Smoking Everywhere and NJOY, in their lawsuit against the FDA.

The companies sued the government after regulators began halting shipments of electronic cigarettes last year. The FDA said it found cancer-causing ingredients in the products, despite manufacturers' claims that the products are safer than tobacco cigarettes.


Electronic cigarettes use a battery-operated vaporizer to produce a nicotine mist that simulates inhalable smoke. Manufacturers have touted the products as a healthier alternative to smoking because there is no burning involved.

The FDA argued that electronic cigarettes are in fact a combination drug-device, and therefore subject to stricter safety standards than cigarettes.

http://abcnews.go.com/Business/wireStory?id=9564899

FOR MEDIA AND ANY INTERESTED PARTIES HERE IS THE LINK TO THE FULL LEGAL RULING:

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv0771-54

 

[Kosmik]

Quite frankly, if it eliminates the smell and second hand smoke, then let people use them. If they want to damage/harm themselves, that's their choice.

 

[Josandre53]

I have tried so many things to stop smoking and nothing help.
The best is to just stop and push through.

I do not make an issue of other people when they smoke.
I know some people do not like to be close to smokers.
I even had a friend that arrived at a restaurant and because we were in the smoking area, he left his wife there and went home. Smoke does not bother me and I don't even get the craving for a smoke. I was a heavy smoker for many years, 40 a day, and now it is 14 months of not smoking.

I just feel that if you make an issue of other smokers around you, then it will be a problem for you because you will have it on your mind all the time. I just let it go and after a few minutes, I do not even realise that I am close to a smoker.

At least my friends also consider me and they will sit in such a way that the smoke will not bother me.

 

[killadoob]

So wait they allow cigi's to be shipped all over the world with more than one cancer causing additive yet that is fine?

HTF does that work?

 

[analogsa]

So wait they allow cigi's to be shipped all over the world with more than one cancer causing additive yet that is fine?

HTF does that work?

Electronic cigarettes do not attract excise duties and governments cannot profit. Not to mention pressure from the tobacco lobby. Who cares about cancer?

 

[Hosehead]

I have tried so many things to stop smoking and nothing help.
The best is to just stop and push through.

.

If by "stop smoking" you mean "No Nicotine replacements" like nicorette, snuff, chewing tobacco, nicotine patches, snus and snuff then just stop.

The e-cig has not been marketed as a smoking cessation device. It's just another nicotine replacement device that works too well- in fact it works like a charm for many who tried all the above mentioned products and failed... much to the acute discomfort of Big Pharma and Big Tobacco and Government who are loosing Billions of Dollars all around.

 

[Hosehead]

So wait they allow cigi's to be shipped all over the world with more than one cancer causing additive yet that is fine?

HTF does that work?

DARK SIDE OF THE MOON Pink Floyd Track 6 1973






. "Money" is particularly notable for its unusual 7/4–4/4 time signature, its distinctive bassline and the seven-beat "loop" of money-related sound effects that opens the track: coins clinking, a cash register ringing, etc.[/COLOR]

 

[LazyLion]

It just means that the US government is forced to find some other agency to administer it. But they will find one, don't worry.

 

[general_koffi]

The real reason the FDA is so interested in electronic cigs is because Big Tobacco and government both benefit tremendously from current tobacco regulation, which makes it impossible for small players to compete, and nets the Fed great big bags of tax money.

They don't want something that will compete effectively with cigarettes. They don't give a rotten rat's arse about anyone's health.

 

[ToAsTeD]

The real reason the FDA is so interested in electronic cigs is because Big Tobacco and government both benefit tremendously from current tobacco regulation, which makes it impossible for small players to compete, and nets the Fed great big bags of tax money.

They don't want something that will compete effectively with cigarettes. They don't give a rotten rat's arse about anyone's health.

Well said!

 

[Hosehead]

The real reason the FDA is so interested in electronic cigs is because Big Tobacco and government both benefit tremendously from current tobacco regulation, which makes it impossible for small players to compete, and nets the Fed great big bags of tax money.

They don't want something that will compete effectively with cigarettes. They don't give a rotten rat's arse about anyone's health.

That's one part. Clap clap The other is that Big Pharma have invested too much money in less effective nicotine replacement therapies. Investments which need protecting...

 

[MrHands]

I wonder how many people would START smoking because of these things? The smell and high health risks is what keeps a lot of people away cigarettes.

 

[Hosehead]

I wonder how many people would START smoking because of these things? The smell and high health risks is what keeps a lot of people away cigarettes.

Interesting question. First it's not smoking There's no combustion and no tobacco. second, if the FDA suceeds in their appeals, many people already using the devices have indicated on forums (eg. e-cigarette-forum) that they could be forced to start smoking again and interestingly these devices currently have no appeal to to the non smoking teen crowd. They lack the coolness factor. They want the real thing.
Just my 2c. Remember cigarettes sell by marketing alone and tobacco companies over the decades spend Billions trying to hook their targets. Now with most all traditional advertising mediums blocked to them, they (at least in SA) Tobacco companies recently targeted their teen market with direct (Pretty Girl tag team) approaches in nightclubs, bars, etc sponsoring free parties to flog their brands. The new anti-smoking laws banned this marketing approach too. The tobacco companies are now currently trying to overturn this particular part of the new law.
Nicotine is Nicotine. It's addictive- but do you see non smokers starting out with nicotine chewing gum or patches and then starting smoking?

 

[noxibox]

The real reason the FDA is so interested in electronic cigs is because Big Tobacco and government both benefit tremendously from current tobacco regulation, which makes it impossible for small players to compete, and nets the Fed great big bags of tax money.

They don't want something that will compete effectively with cigarettes. They don't give a rotten rat's arse about anyone's health.

I would expect tobacco companies to get in on the action, but they might choose to let others fight the battles, then heavily promote their own non-tobacco products. On the other hand I see them eventually throwing their weight behind the alternatives and fighting those battles themselves if they have to because it is getting much harder to convince people to take up smoking.

I'm sure that part of the fearmongering around these electronic cigarettes is that until now anti-nicotine sentiment could be hidden behind the health risks associated with getting it from tobacco. Nicotine is on balance probably neither good nor bad, so until now the primary means of attacking it has been through its association with tobacco. I don't think loss of tax revenue can be the big driving factor because the government has taken many steps to discourage the use of tobacco.

We also previously had the ridiculous sitation, in South Africa, that you could easily buy cigarettes anywhere, but the gum required a prescription. And many doctors were reluctant to prescribe it unless you were already a smoker leading to the rather silly situation where if one wanted to use nicotine without smoking you would have to in theory first take up smoking.

 

[Hosehead]

I would expect tobacco companies to get in on the action, but they might choose to let others fight the battles, then heavily promote their own non-tobacco products. On the other hand I see them eventually throwing their weight behind the alternatives and fighting those battles themselves if they have to because it is getting much harder to convince people to take up smoking.

.

They already are
especially in the smokeless tobacco category
Except they staked their money on the wrong one.
They should be supplying the nicotine liquids for the electronic cigs
But that is still extracted and supplied 100% by the Chinese.

RJR Reynolds (Camel brand) trials nicotine dissolvables ( Flavoured tablets that dissolve under the tongue-not sold in pharmacys-but in stores) under the CAMEL brand in the US as well as Camel Snus
Phillip Morris was in talks with Ryuan in China (the original inventors of the E-cig) and recently bought Swedish Match South Africa (which supplies cheap snuff to the lower economic groups- but they also have an upmarket snus which is manufactured by the Swedish Parent Company and which is making huge sales inroads in the US.
and British American Tobacco which has aprox 90% of the SA tobacco market share sells the Peter Stuyvesant branded snus.

That snus has been a BAT experiment for the past three years. I don't think it's going anywhere here at all -it's most probably a loss leader because they've done the marketing here all wrong and the pricing is too high. Nothing wrong with the product but it's not selling like hotcakes from what I can see.

Yep. even in the third world, cigarettes are being hounded out. The playing field has changed and you can bet the cigarette merchants will cling on with all they have to keep us hooked one way or another

 

[MrHands]

Do these electric cigarettes have any scent? Can people smoke these in offices without detection?

I see they look like normal cigarettes. I wonder how small they can make them? Maybe soon we will be seeing 3-cigs with USB flash drive

I'm tempted to buy one myself, but I'm afraid I might like the nicotine too much!

 

[killadoob]

They have no smell and you can smoke them anywhere.

I am not sure how small they can make them, the battery is the problem i think. Cigi size seems about the bets they can do.

 

[Sensorei]

My E-cigs are just a few millimeters longer than a normal cigarette and looks like a normal smoke. I quit smoking cigarettes over a month ago since I started on the e-cigs (erm except for a few after 4am on New Years) and I feel much healthier and energetic. I can't see how they can ban them. Cigarettes are far worse! Plus my wife doesn't give me grief anymore. I also don't usually have a hit until the afternoon so I'm definitely smoking less.

Batteries are an issue though so its good to keep a spare. They actually taste quite nice. I prefer Marlboro, Camel and Redbull flavour and chop n change quite a bit. Most ppl I've sold to also prefer the refill drops over the cartridges - more smoke and more flavour.

If they get banned A LOT of okes are going to be pissed off because they might end up going back to cancer/tar sticks.

 

[MrHands]

My E-cigs are just a few millimeters longer than a normal cigarette and looks like a normal smoke.

Batteries are an issue though so its good to keep a spare. They actually taste quite nice. I prefer Marlboro, Camel and Redbull flavour and chop n change quite a bit. Most ppl I've sold to also prefer the refill drops over the cartridges - more smoke and more flavour.

If they get banned A LOT of okes are going to be pissed off because they might end up going back to cancer/tar sticks.

Given all the positive feedback from smokers (and ex-smokers) I'm surprised these are not more popular than they are. I have yet to see or heard first-hand from anyone I know who have used them, other than on this board.

I'm allergic to tobacco, and as such, have never smoked. In a way that allergy is good given my predispositions...

Selling these items is the business to be in right now... especially in this ever increasing anti-smoking environment we are all in. All it takes is one guy to come into his office and share his e-cig with his co-workers and the word will spread.

I can see these being heavily abused in schools due to their discreetness. Hopefully the government will realize the positive benefits far outweigh the negative and will remain legal, even if regulated.