The FDA Questionable Action To Shut Out E-Cigarettes Is Prevented By The Federal Court System
Accusations that the FDA was being influenced by big tobacco began to circulate with the first FDA statement questioning the safety of electronic cigarettes. The statement was based on an extremely small non-scientific test and claims made were that various problems “might” be encountered by users of e-cigarettes.
For forty years the public has been informed about the dangers of smoking tobacco. That is when the first warnings were placed on cigarette packs yet our current pack warnings are among the weakest in the world. Only last year was the FDA sufficiently concerned about tobacco to move to regulate the products. In a magnanimous statement, big tobacco said they welcomed regulation and oversight by the FDA. Of course they did. It was a smart move by a company that could influence the regulations and make it more difficult for competing products to reach the public.
After hinting about banning electronic cigarettes several times, the FDA established a ban on e-cigarettes and electronic smoking supplies imported from China. The reasons offered by the FDA for this ban seemed to vary but then coalesced into a “fear” that e-liquids used to refill electronic cigarettes would lure underage people into smoking and addict them to nicotine.
The ban ended up in federal court on January 15, 2010 where a federal judge ruled the FDA could not ban the importation of electronic cigarettes. The judge strongly criticized the federal agency for aggressive tactics that seemed aimed at designating a particular recreational product as a drug or device in an attempt to make the product unavailable to the public.
Pointing to the newly established tobacco division created within the FDA to regulate tobacco, the judge stated that the same regulations could be applied to electronic cigarettes and supplies.
Responding to the court decision, the FDA seemed to change it’s reasoning about an import ban claiming concern over potential “health issues”. The previous concerns of underage smokers seemed to be forgotten. If the FDA appeals the court decision the agency will have full support of big tobacco.
The costs of electronic cigarettes would increase greatly should the FDA be allow to set standards and restrictions on the products. Big tobacco currently cannot compete with the lower cost of e-cigarettes.
The court decision defined a need to scrutinize the relationships that exist between tobacco companies, pharmaceutical concerns and the FDA. Taxes from the sales of tobacco products put billions of dollars in federal and state government coffers annually. Many of the attempts to create fear of electronic smoking alternatives seem to be more concerned with the financial bottom line than with the protection of public health the FDA is charged with. Had big tobacco been the industry that introduced and promoted electronic cigarettes it is doubtful a controversy would exist.
Why has a ban on the use of tobacco never been a topic of conversation within the FDA? Why would a government agency designated to determine the safety of products sold to the public focus on attempts to ban a product before conducting scientific research? Where are plans for testing to provide facts about the safety of electronic cigarettes? Makes you wonder, doesn’t it?
Mary Kay Rivers is an acclaimed expert on all facets of e-cigarettes. Her articles history of e-cigarettes and about the best electronic cigarette have become well-known.
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