Federal Judge Disagrees – FDA Cannot Ban Electronic Cigarette Imports

The FDA first began issuing statements about potential safety problems that “might” be encountered by e-cigarette users in a manner that suggested the government agency was bowing to pressure exerted by big tobacco.

The dangers of smoking tobacco were scientifically proven over 40 years ago and the first warnings appeared on cigarette packs in response to the proven risks posed by cigarettes. Currently, the U.S. has some of the weakest tobacco warnings in the world. Only last year did the FDA move to regulate tobacco products. The move by the FDA was welcomed by big tobacco which may seem surprising, It was a wise move by the tobacco companies as strict regulations imposed followed their current practices with few changes required. Those regulations also made it more difficult for competing products to be offered to the public.

After issuing several statements that seem to indicate an intention to ban electronic cigarettes, the FDA established a ban on e-cig products imported from China. In previous statements, the FDA had made claims of safety concerns. However, when imposing the importation ban the FDA expressed concern that flavored e-liquids would induce young people to become addicted to nicotine.

On January 15, 2010, in response to a challenge by e-cigarette companies, a Federal Judge issued a decision against the FDA ban on imported e-cigarettes In his ruling, the judge criticized the FDA for its aggressive efforts to regulate recreational products as drugs or devices.

The judge referred to the FDA’s new tobacco division created with the passage of tobacco legislation last year. The legislation allows the FDA to regulate traditional tobacco products by regulating contents and marketing claims. The court pointed out that same legislation would apply to electronic cigarettes.

In response, the FDA issued a statement claiming concern about the “health issues” surrounding electronic cigarettes. It seems the reasons change to suit the argument for the FDA as initially it was concern for underage use that was the problem. In this battle, the FDA has the full support of big tobacco. Tobacco suppliers would love nothing more than to see their competition banned.

If the FDA were allowed to set standard and restrictions on electronic cigarettes that are not present in regulating tobacco, the result would be a significant increase in costs of e-cigs if they were available for sale. This would be a great outcome for big tobacco which can’t compete with the dollar savings offered by electronic cigarettes.

The relationship of the FDA to big tobacco and pharmaceutical companies may come under closer scrutiny due to this court decision. Billions of dollars flow into government coffers from taxes on tobacco both at the federal and state levels. The regulations proposed adhere in large part to current practices of tobacco manufacturers making it more difficult for small companies to compete with alternative products. The entire focus of big tobacco might be quite different had they become involved in creating and offering alternatives to smoking.

If the concern of the FDA were truly to protect the health of the public, why has the agency never proposed banning tobacco smoking? If electronic cigarettes are as safe as initial testing seems to indicate, why is the FDA pressing for a ban on the products rather than conducting testing to see if e-cigs offer a safer alternative to tobacco? The agenda seems clear.

If you are looking for a great E-Cigarette, I would highly recommend the one from Green Smoke. I have written a review about it here.

Mary Kay Rivers