Ashtray Blog: An Electronic Cigarette Blog

We were quite astonished to find out that until we sent the MHRA an electronic cigarette recently they had never actually seen the device they were trying to ban, let alone used or tested it.

The MHRA, it seems, are not alone in their neglect.

According to one source we have in America, it turned out that the FDA,  cited by the MHRA in their attempt to ban the e-cigarette,  were doing the same thing – their legal case was based upon a photograph!

There’s an interesting post from the Tobacco Harm Reduction blog which points out the absurdity on banning something because it won’t be used. (See It’s more about options given than options taken.)

The post follows an argument from Stanton Glantz that smokeless tobacco should be banned because it won’t become popular. (Stanton’s the one who thought Avatar should be banned because it has a cigarette in it).

I mention the post because it it reminds me of another argument from the anti-smoking movement.

They have argued that e-cigarettes should be banned on the basis that they do not contain enough nicotine and therefore won’t satisfy smokers.

There are several problems with this line of thought:

1. As we have pointed out before, part of the very success of the e-cigarette is that, unlike most smoking cessation aids, it replaces smoking stimuli rather than merely replacing nicotine (in a way that is often unsatisfying). In fact, some of our customers choose to buy our zero nicotine kit because they want to continue smoking but without the nicotine!

2. As the Tobacco Harm Reduction blog points out, banning something because it might not become popular is absurd – products should be allowed to find their own success or otherwise.

3. If just a few people switch from smoking to e-cigarettes, that would still be a benefit – and one which is not paid for by the state.

4. For thousands of smokers, e-cigarettes have already become a preferred option. We don’t know how many people have tried them and not switched (and it’s true that the market is dogged by low quality devices) but any look at the e-cigarette forum shows there are thousands of happy users.

5. Other arguments against the e-cigarette is that it contains nicotine, which some anti-smokers have suddenly decided is the root of all nicotine. (In contrast, the UK NHS states that nicotine does not cause smoking diseases – that’s according to the MHRA document which argues the e-cigarette can save lives and should therefore be regulated into non-existence.) So why is a smaller dose of nicotine suddenly a problem?

We remain convinced that the real reason for the opposition to the e-cigarette is a financial conflict of interest – for the e-cigarette is a very real threat to the profits of both the pharmaceutical companies and tobacco companies.

The Medicines and Healthcare Products Regulatory Agency (MHRA) have told us in an email that they have no response to make to withering criticism by the Royal Policy Committee (RPC).

Last month the RPC, which was set up to improve policy making in the UK, strongly criticised the MHRA’s attempt to ban the electronic cigarette in the UK.

Nor did the MHRA have any knowledge of the million dollar trial of the e-cigarette being carried out in New Zealand in association with leading UK hospital Saint Barts. We will be sending them this information shortly.

The MHRA is currently attempting to impose new regulation on e-cigarettes which could lead to a defacto ban. The proposed ban is based on FDA evidence which has been discredited a US court of law.

For a long time we have avoided adding fruit flavours to our website.

With anti-smoking organisations in America accusing e-cigarette companies of targeting children with flavours (while at the same time promoting nicotine gum with flavours such as fruit chill), it seemed best to avoid.

A couple of things have made us change our mind.

One is that customers are making personal requests to supply flavours – we have just had one wholesaler order 10 cherry kits from us. Another is a recent review of our electronic cigarette from Underdogs Bite Upwards which points out that while our NJOY is easy to use and is closer to a real cigarette than other devices, we don’t have the same range of flavours as other websites.

So to keep the most important people (our customers!) happy, here are our newest flavours for the NJOY DUO electronic cigarette:

Cherry Flavored Refills
Apple Flavoured Cartridges
Strawberry Refills

These add to our existing collection of flavours:

Vanilla
Clove
Menthol
Traditional Tobacco Flavour

NJOY!

Having failed in court, the big-business funded anti e-cigarette lobby is trying to enforce a ban on e-cigarettes on a state by state basis in the US.

These bans are often pushed through with only a couple of days notice, which is why The Vaper’s Coalition is asking for help.

The Vaper’s Coalition is asking vapers’ to do the following:

1. Attend the meetings whenever possible.
2. Spread the word about each and every ban – forums, blogs, emails, you tube, twitter and every other way you can think of. (If you have a blog, why not write a similar post and link to the Vaper’s Coalition.)
3. Let the Vaper’s Coalition know about it – they have a list of proposed bans on their front page.
4. Send emails – Vaper’s Coalition has prefilled emails you can complete.

It’s going to be a tough battle – but you have the support of e-cigarette smokers in the UK!

For more information visit the Vapers’ Coalition!

The following is reproduced from an email by Bill Godshall of  Smokefree Pennsylvania:

Smokefree Pennsylvania, The American Council on Science and Health (ACSH), Consumer Advocates for Smokefree Alternatives Association (CASAA), National Vapers Club, Midwest Vapers Group and Drs. Michael Siegel and Joel Nitzkin filed an Amicus Brief with the DC Court of Appeals yesterday in support of litigation filed by electronic cigarette marketers Smoking Everywhere and NJOY against the US FDA.

The brief encourages the Appeals Court to uphold District Court Judge Richard Leon’s ruling in January that denied FDA authority to ban the import of electronic cigarettes by classifying them as unapproved drug devices (unless a company markets its products using therapeutic claims), and to prompt the FDA to promulgate reasonable and responsible regulations for e-cigarettes as tobacco products in accordance with the Family Smoking Prevention and Tobacco Control Act enacted by US Congress last year.

Attached are our Unopposed Motion to Participate, and Brief of Amici Curiae, as well as a similarly supportive Brief of Amicus Curiae filed yesterday by the Washington Legal Foundation.

Per the two Citizens Petitions below, please urge the FDA to reasonably regulate e-cigarettes as tobacco products (instead of drugs or devices), and to truthfully inform smokers and the public that e-cigarettes (and other smokefree tobacc/nicotine products) are far less hazardous alternatives to cigarettes.

Bill Godshall
smokefree@compuserve.com

The Citizens Petition by the American Association of Public Health Physicians (AAPHP) urging the FDA to reclassify and regulate electronic cigarettes (nicotine vaporizers) as tobacco products (instead of trying to ban the products by classifying them as drugs or devices) is at http://www.regulations.gov/search/Regs/home.html#docketDetail?R=FDA-2010-P-0095

To submit a comment urging supportive action by the FDA, go to http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480aa84a7

Suggested talking points:
- since e-cigarettes (nicotine vaporizers) are derived from tobacco, the FDA can legally reclassify and regulate them as “tobacco products”,
- by choosing to classify e-cigarettes as “drugs” or “devices”, the FDA was/is attempting to ban the products,
- hundreds of thousands of smokers already have significantly reduced their health risks by switching to e-cigarettes,
- if the FDA reasonably and responsibly regulated e-cigarettes as tobacco products, sales to minors would be prohibited, cigarette consumption/morbidity/mortality would decline more rapidly, and fewer taxpayers dollars would be spent by FDA protecting cigarette markets,
- in SE vs FDA, federal Judge Richard Leon has ruled that the FDA can regulate e-cigarettes as “tobacco products”, but not as “drugs” or “devices”,
- sales and use of e-cigarettes have continued to sharply increase despite the FDA’s ongoing attempt to ban the products,
- banning e-cigarettes would protect cigarette markets at the expense of consumer and public health,
- if applicable, describe your personal experience using e-cigarettes.

- – - -

The Citizens Petition by the American Association of Public Health Physicians (AAPHP) urging the FDA to clarify/correct inaccurate and misleading claims about electronic cigarettes (nicotine vaporizers) made at the FDA’s July 22, 2009 press conference, and to truthfully inform the public of existing evidence about the products is now available at http://www.regulations.gov/search/Regs/home.html#docketDetail?R=FDA-2010-P-0093

To submit a comment urging supportive action by the FDA, go to http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480aa7cac

Suggested talking points:
- the FDA http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm172906.htm grossly mispresented its own laboratory test findings on two brands of e-cigarettes http://www.fda.gov/downloads/Drugs/ScienceResearch/UCM173250.pdf
- in contrast to claims made at the FDA’s press conference, there is no evidence that e-cigarettes have ever harmed any user or nonuser, and there is no evidence that e-cigarettes are marketed to youth,
- the FDA failed to acknowledge any evidence (sent to the agency) that e-cigarettes are far less hazardous alternatives to tobacco cigarettes, and that thousands of e-cigarette users informed the agency they had quit smoking by switching to the products,
- cigarette smokers have a human right to truthful information about, and legal access to, less hazardous alternatives,
- FDA officials have an ethical duty to protect consumer health and to provide truthful health risk information,
- if applicable, describe your personal experience using e-cigarettes.

E Cigarette Direct and the electronic cigarette have been featured in Surlaterre magazine in a beautifully written article by editor (and smoker) Steve Paugh.

Steve Paugh assesses the e-cigarette in Going Vape.

Was the article positive? Judge for yourself:

I watched while the LED light that simulates the red ember of a burning cigarette glowed in response to my pull on the E-Cig, and as I pulled away and breathed in, I fell in love. There was the kick I had been craving; there was the feeling of something in my hand; there was the “smoke” that danced from my mouth like a frozen whisper.

Check out the full article here: Going Vape.

How to Vape is a new electronic cigarette website which provides information for those considering switching to the electronic cigarette or have just switched to the device.

How to Vape: An Educational site for new vapers.

The site covers all the essentials of how to get started vaping, from how to use an e-cigarette to the vocabulary you need to talk about it.(I can see a few terms we haven’t got on our own glossary – must be about time to update it!)

It’s a clear, informative and easy to use site, although the text could be a little bit larger.

To check the site out for yourself see How to Vape.

Related:

Check out all our e-cigarette resources
Electronic Cigarette Blogs
Vape Tube
Smokin’ blogs

The new NJOY DUO cartidges which we introduced several months ago were a great hit with existing customers.

The cartridges lasted longer, tasted more like a real cigarette and had a disposable atomiser built in.

Unfortunately, users of the stylish NCIG could not use the device – until now.

NCIG Adaptor

NJOY have now launched an adaptor which screws onto the device.

Using the device, NCIG users can now use the NJOY DUO cartridges.

Check it it out here: the NJOY NCIG adaptor.

(This is slightly old news – apologies if you are a regular reader, but I am moving house and country so have been rather distracted!)

Once again New Zealand is leading the way in electronic cigarette research. New Zealand researcher Dr Laugesen of Health New Zealand (see our interview with the doctor here) was one of the first to analyse the ingredients of the electronic cigarettes, participated in a study to measure the effect of the e-cigarette on nicotine withdrawal symptons and has constantly campaigned for further study and usage.

The New Zealand Health Research Council has now announced a million grant to fund research into the electronic cigarette as a nicotine cessation aid, which will test the effectiveness of a e-cigarette with nicotine and a nicotine patch and a zero nicotine electronic cigarette. The trial, which will also provide some evidence as to the safety of the device, will be conducted in association with two UK hospitals.