The Wild West unregulated period for electronic cigarettes is coming to an end. The Food and Drug Administration (FDA) recently proposed to regulate all e-cigarettes, their auxiliary refill packages, and the smoking devices themselves, under the same rules as regular tobacco products. That means no e-cigarette sales to minors, no free samples, stricter regulations on advertising and packaging, and full disclosure of product ingredients. These rules would be in effect in for all fifty states in the US, unlike the current state-by-state regulatory framework.Rico says they are stylish, but they'll still kill you...
These rules do not take effect now, and the announcement is still a proposal. But an FDA proposal becomes law more easily than a bill proposed in Congress, and there may never be an actual vote. The FDA announced the proposed regulations Thursday, and the proposals now go through a 75-day public comment process. The proposal can be revised, and affected parties could take the proposal to court. But 75 days from now (8 July 2014), the FDA could just declare this as law by decree.
That's why the FDA proposal to regulate e-cigarettes is so significant. The proposal would regulate all e-cigarette products— electronic cigarettes, liquid refills, and nicotine gels— under the same rules as cigarettes and tobacco.
"Once finalized, the regulations will establish oversight of what has been a market free-for-all of products, including vials of liquid nicotine of varying quality and unknown provenance," says Sabrina Tavernese in The New York Times. "The release of the blueprint— which is hundreds of pages long— is sure to set off a frantic lobbying effort in Washington, as affected industries try to head off the costliest, most restrictive regulations."
While the new restrictions are thorough, some of the most flagrant behaviors of the e-cigarette industry are not addressed. Flavored tobacco refills, available in kid-friendly flavors like bubble gum and cherry, remain legal.
Additionally, e-cigarette ads on television are still legal and can be broadcast at any hour. The omission of television advertising regulations is very likely the result of some savvy Washington lobbying.
But the FDA proposal would outlaw the most offensive practice, selling e-cigarettes to minors. The e-cigarette and refill cartridge manufacturers would also be forced to list their ingredients, and their facilities would be subject to FDA inspections.
The overall health impact of electronic cigarette use remains unknown. There is very little research or scientific consensus on whether e-cigarettes are a general health risk. But the FDA is erring on the side of caution, and finally regulating an industry that has enjoyed writing its own rules.
25 April 2014
FDA says e-cigarettes equal to tobacco
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