The Judge Disagrees - FDA Cannot Ban Electronic Cigarette Products From China | Lifestyle

The Judge Disagrees - FDA Cannot Ban Electronic Cigarette Products From China

by MaryKayRivers

Accusations that the FDA was being influenced by big tobacco began to circulate with the first FDA statement questioning the safety of electronic cigarettes. The statement was based on an extremely small non-scientific test and claims made were that various problems "might" be encountered by users of e-cigarettes.

For forty years the public has been informed about the dangers of smoking tobacco. That is when the first warnings were placed on cigarette packs yet our current pack warnings are among the weakest in the world. Only last year was the FDA sufficiently concerned about tobacco to move to regulate the products. In a magnanimous statement, big tobacco said they welcomed regulation and oversight by the FDA. Of course they did. It was a smart move by a company that could influence the regulations and make it more difficult for competing products to reach the public.

With hints indicating a wish to ban electronic cigarettes, the FDA issued statements about safety concerns. Last year, the FDA claimed it had concerns that young people would be lured into nicotine addiction by the e-liquid used in e-cigs. The FDA then issued a ban on importation of electronic cigarettes aimed at China which is the main source of imports of the products.

A Federal Judge issued a ruling on January 15, 2010 striking down the FDA ban on importing e-cigarettes. The judge criticized the FDA sharply, citing aggressive efforts by the agency to attempt to portray a recreational product as a drug or device.

The new tobacco division created last year within the FDA was formed to perform the new FDA duties of regulating the contents and marketing claims of tobacco products. The court stated the same legislation that created oversight of tobacco products would also apply to the alternative electronic cigarettes.

The FDA quickly released a statement opposing the court's view and expressing concerns over health issues that might be posed by e-cigarettes. Critics have pointed out the tendency of the FDA to change focus from dangers of youthful smoking to general health concerns when it suits the agency. If the FDA appeals the court decision it will have full backing of tobacco manufacturers who would love nothing more than to see new competition banned.

The costs of electronic cigarettes would increase greatly should the FDA be allow to set standards and restrictions on the products. Big tobacco currently cannot compete with the lower cost of e-cigarettes.

The court decision defined a need to scrutinize the relationships that exist between tobacco companies, pharmaceutical concerns and the FDA. Taxes from the sales of tobacco products put billions of dollars in federal and state government coffers annually. Many of the attempts to create fear of electronic smoking alternatives seem to be more concerned with the financial bottom line than with the protection of public health the FDA is charged with. Had big tobacco been the industry that introduced and promoted electronic cigarettes it is doubtful a controversy would exist.

Is the FDA truly concerned with protecting the health of the public? If so, why has the FDA never proposed banning tobacco? Why is the FDA pushing for bans on an entire line of products popular with consumers without conducting scientific testing to prove or disprove these imagined fears? It seems the justice system may require the FDA to answer those questions in the future.

DISCLAIMER: This article is provided as information only and is not to be taken as financial advice.

Mary Kay Rivers has become a true expert on all facets of electronic cigarettes. Her articles about the history of electronic cigarettes and about the best electronic cigarette are very popular.