Judge: FDA Has No Authority Over Electronic Cigarettes

The Wall Street Journal ^ | JANUARY 14, 2010 | Jared A. Favole

[Eric Blair 2084]

A U.S. judge said the U.S. Food and Drug Administration doesn't have authority to regulate electronic cigarettes, dealing a blow to the agency's efforts to regulate tobacco products as drugs or devices.

In a 32-page opinion, U.S. District Judge Richard J. Leon sided with electronic-cigarette makers Smoking Everywhere Inc. and NJoy in finding that the FDA has no authority to regulate the products and can't stop them from entering the country.

"This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices," Leon said in his ruling. He added the FDA's "tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable."

Representatives of the FDA weren't immediately available for comment.

The FDA has seized shipments of electronic cigarettes, which look and taste like cigarettes but don't contain tar, amid concerns the products were being marketed as safer alternatives to traditional tobacco. The FDA asserted its power by saying the electronic cigarettes were essentially drugs or devices that were being imported without FDA approval.

Electronic cigarettes are battery-powered tubes that contain an atomizer, a battery and a cartridge filled with liquid nicotine. Florida-based Smoking Everywhere, one of the largest makers of electronic cigarettes, had challenged the FDA's authority to regulate the products. The company has imported and sold more than 600,000 units of electronic cigarettes, according to the judge's opinion.

[Eric Blair 2084]

I probably should have posted this earlier. I didn't realize it had never been posted on FR.

In the interest of full disclosure...I have no financial ties or interest to e-cigs. Frankly their marketing and parroting junk science and anti-tobacco propaganda in their radio ads is nauseating but understandable marketing judo. In a tough economy they are trying to hock their wares.

I am just speaking as a lover of freedom who hasn't had a cigarette in 4 months since switching to the e-cig. I love this thing. I feel better and I don't smell anymore. That's my reason for defending them.

Of course, I'm sure ASH and the anti-tobacco racketeers will quickly point out the their conflict of interest. If smokers switch to this instead of the gums and patches, Big PhRMA profits take a hit as do the "non-profit" shakedown artists who rely on their contributions to fund their junkets and conferences.

Grant junkies don't give a crap about "public health". Never did. This was never about that.

[Eric Blair 2084]

Big Brother, Nanny State, Grant Junkie, Bogus Study, Junk Science, Social Engineering, Egalitarian, Central Planning, Sheeple Control, Food Cop, Smoke Nazi, Socialism, Collectivism

This is an extremely low volume ping list. 6 per week max. To be added to or deleted from this ping list, please click one of the following:

Eric, you are a genius add me to your ping list or Eric, you are a jackass, take me off this ping list

To request that I stop using these gay html colors and fonts, please send me a private message below.

____________________________________________________________________

Constitution of the Left Wing Nanny State of Liberals:

Picture courtesy of unixfox. All rights reserved. Copyright MMVII. Any use of the pictures descriptions or accounts of this ping without the express written consent of unixfox, Eric Blair, or Major League Baseball is strictly prohibited. Some restrictions apply. Ping not available in all states. For erections lasting longer than four hours, call the Guiness Book of World Records. Use only as directed.

Preamble:

We the People Sheeple of the United States Nanny State, in Order to form a more perfect Union Socialist Utopia, establish Justice Socially engineer a country of non smoking, physically fit, seat belt and helmet wearing teetotalers, ensure domestic Tranquility Smoking bans in bars, limits on unhealthy food and social drinking, provide for the common defense Universal Healthcare, promote the general Welfare health of the population whether they like it or not, in order to save above mentioned Universal Healthcare entitlement program from bankruptcy, and secure the Blessings of Liberty Dependency to ourselves progressive liberals and our Posterity Hitler Youth who we brainwash through public school education, do ordain decree and establish this Constitution for the United States of America. Nanny State of Liberals.

[TheZMan]

How much were you smoking before the switch, and which model are you using? I’ve had an interest in this but didn’t want to waste more money (like I did on gum, patches, etc).

[Eric Blair 2084]

Pack a day of Merit or Marlboro Ultra Lights. First few weeks I was down to 3 or 4 cigs/day. It took some getting used to. You don’t get the carbon monoxide room spinning buzz from this.

The models are all the same. Just marketed under a different name. You need a company who is reputable who will replace the 45 atomizers made in China that crap out after a week. And the 39 batteries that suck. That’s what I’ve gone through.

I’m not here to pimp a product.

Just find a company that will let you mail the crap back and replace it with new ones.

e-cigarette-forum has some good suggestions. I just learned by trial and error.

[TigersEye]

Excellent! An All-American decision by the judge.

[w1andsodidwe]

Years ago when I smoked, they marketed a cigarette that did not have to be lit and simply gave you the nicotine hit. It was quickly removed from the market by the FDA.

It would seem to me that if the problem with cigarettes is that the second hand smoke gives other cancer, then why wouldn't the FDA want a much safer product such as this? What is the real agenda?

[RandallFlagg]

Go for it!
(Read my tagline)

[eabinga]

I smoked 2 or more packs a day for 27 years.
I tried quitting a few times, but never got far.
Stopped smoking analog cigarettes overnight.
I use a Mega-510 Titan from totally-wicked and get my refills from DIYFlavorshack.

My wife also went on the e-cigarette after me, works for her too.

[philetus]

if the problem with cigarettes is that the second hand smoke gives other cancer,”

I believe: if second hand smoke causes cancer in others, smokers would die in9 mo. to three years.

[Eric Blair 2084]

It would seem to me that if the problem with cigarettes is that the second hand smoke gives other cancer, then why wouldn't the FDA want a much safer product such as this? What is the real agenda?

The real agenda is money. Billions of dollars. They don't give a rats ass about the unwashed masses "health". Never did. Never will.

My advice...don't look into it any further. You're better off not knowing what is going on. It would just piss you off. I was much happier when I had no clue.

Just forget it.

[pandoraou812]

Since the laser thing worked somewhat I really have to try this. I am down to a few cigs a day but none would be even better.

[RandallFlagg]

I’m using a 510 as well.
Do you use the extra-long battery? The thing’s great!
Using Johnson’s Creek Espresso fluid, too.

[bigbob]

I’ve never smoked, don’t like being around people who do - but I also believe in personal freedom. But this e-cig seems like a much better option for both smokers and non-smokers. Why wouldn’t the gov’t want to promote rather than restrict what seems to be a good solution? I suppose they could make a case that as long as it dispenses nicotine there ought to be controls, quality and purity standards, etc. to protect people just like anything else. But that would seem to require minimal regulation.

[Alamo-Girl]

Thanks for the ping!

[GovernmentShrinker]

Not that I approve of the FDA regulating *any* drugs that don’t pose a major *public* health hazard (as in hazard to people other than those who directly use it, e.g. Vancomycin). But as long as they’re allowed to regulate thousands of drugs which should be freely available without a prescription, a device which delivers concentrated nicotine strikes me as plenty worthy of regulation. It can probably easily be modified to deliver higher doses than intended, and the concentrated nicotine in the cartridges could be used for swallowing (including lacing drinks at teenagers’ parties), injection, or other idiotic ideas druggie people would try. Not something that it makes sense to have freely available over the counter in a country where you can’t even get amoxicillin without a prescription.

[Eric Blair 2084]

You are exactly the type of normal person Big PhRMA and anti tobacco millionaire non-profit racketeers fear. Most normal people were just annoyed because burning tobacco and paper smells. All politics are local and there is nothing more local then your nose. They don’t like it.

Age restriction and quality control standards nobody would disagree with.

Don’t underestimate the capability of the mob to tell lies. They convinced gullible state legislators here in the Democratic People’s Republic of NJ in a lame duck session to treat e-cigs like regular cigs. ASH, the front group for Big PhRMA said second hand stage fog is a killer.

I don’t vape in public only because I don’t want to cause a panic and screaming when people see what looks like a cigarette and smoke. It might cause libs to die of shock. I don’t want it on my conscience.

But it’s odorless. So good luck with enforcement.

[eabinga]

Yes, I use the long batteries. I also have the charger that charges 5 batteries at a time. I charge them overnight and take a few to work with me in the morning.

I have been trying all kinds of fluid, tried rasberry, pina colada, pineapple, brandy, cinnamon bun, peach, cherry, red bull and cheese cake. Going back to tobacco flavor (dunhill) now.

[ak267]

I woner if they’ll be a cigar or pipe version

[TC Rider]

I smoked my last analog cigar in early December and have been vaping since.

I’m using the Joye 510. Love it.

No smoke, no tar, no smell, no ash.

[Secret Agent Man]

Not only are the FDA after it, the ALA (Amer. Lung Assoc) came out against them too. They’re pissed because it cuts into their money and also rejects their notion that there’s no safe way to have a cigarette (but now there is).

These were groups begging in the past for safer alternatives just like this. Now they have one and it only has one pure bad chemical compared to the 4000+ bad chmeicals in a regular cig, plus smell and second-hand smoke.

It’s all about money. No ciggie tax on ecigarettes. No fed money to ALA or other anti smoking groups. If they cared about health they’d ban regular cigs instead of upping taxes on them and taking more money off people ruining their lungs.