Why do the MHRA want to regulate the electronic cigarette? (And why fags are next!)

MHRA/E Cigarette Update

We recently spoke to the MHRA on the topic of electronic cigarettes. It was hard to get much feedback, especially after we told them we were recording the call, as they simply repeated that we should put our comments in writing.

However, one of the most interesting points was that the MHRA want to regulate the electronic cigarette because this is the only way they can regulate the device. This seems to us like an inappropriate reason!

A second point which was made repeatedly is that nicotine is a medicine, and the MHRA state they have had legal advice that nicotine is a medicine.  Again, to us, this seems illogical, as tobacco contains nicotine.

As far as we understand, current plans do not include regulating cigarettes as a medicine.  It would be extremely unreasonable, as Judge Leon pointed out in his judgement against the FDA, (the Judge actually used the word “absurd”) to impose more onerous legislation upon safer alternatives such as the electronic cigarette than upon more dangerous products such as cigarettes.

There are three options – but one option is no option

It’s also very interesting – and a lesson in basic politics – to examine the way in which the MHRA made its proposal. (To understand the options, realise that the MHRA regards the electronic cigarettes as a nicotine cessation product rather than an alternative way to enjoy smoking. Also realise that unless electronic cigarettes are regulated in a very short period of time – under guidelines that have not yet been released – they will be illegal.)

In its guidelines the MHRA gave three options.

1. Make nicotine a medicine and make all unlincensed NCPs (nicotine cessation products) illegal within 21 days.

2. Make nicotine a medicine and make NCPs  illegal by June 2011.

3. Do nothing.

However, option 3 is not an option, as the MHRA makes clear:

“Option 3 warrants no further investigation as it is neither in the public health interest not commercial interest  to leave the current regulation of NCP/NRT untouched.”

In other words the options are make it a medicine or make it a medicine. Now that’s what I call freedom of choice!

Tobacco, on the other hand, is left freely available. At least until the MHRA point out that it contains nicotine and is, therefore, a medicine.

Tags: e-cigarette, law, legislation, mhra, regulations

Related posts:

1. The MHRA, Judge Leon and the FDA
2. The FDA, The MHRA and the Electronic Cigarette
3. Drugs Don’t Replace Fags
4. It’s the smoke that kills!

e-cigarette, law, legislation, mhra, regulations conspiracy, electronic cigarette, in the news, mhra, Uncategorized