ECig org has a great post on the legality of the Electronic Cigarette.
The writer has gone to the effort of contacting the officials involved and reported that all were suprised to hear that the electronic cigarette itself does not contain nicotine (as opposed to the cigarettes/e juice that fill it).
He also points out that the FDA, which argues that it has jurisduiction over the e-cigarette as it is a form of drug, has also been denied that authority in the past.
In 1994 it decided that the nicotine contained in cigarettes made them a pharmecutical, meaning they had jurisdiction over cigarettes. However, this was overturned by the supreme court, which stated that the FDA did not have the authority to govern tobacco products.
Of course, the electronic cigarette is not a tobacco product – instead, as with nicotine inhalers, it gives a measured dose of nicotine to the user.
Furthermore, the game plan is about to be changed, with the FDA about to be given jurisdiction over tobacco, with the same legislation putting obstacles in the way of the alternatives that can safe lives (smokeless tobacco and electronic cigarettes).
Probably the only gainers from the legislation will be the big pharm profiting from the sale of nicotine cessation profit with their 5% success rate (measured over 12 months) and big tobacco – now wonder Philip Morris are supporting the bill!
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