Posts Tagged ‘e-cig regulation’

One Step Forward, One Step Back on E-Cigarette Regulations

Thursday, January 27th, 2011

As you know from some of our posts on the matter, there’s been a constant battle brewing between electronic cigarette manufacturers and retailers and the U.S. Food and Drug Administration.

At issue is how electronic cigarettes should be regulated. The FDA contends the devices should be regulated as drugs, which many believe would ultimately lead to ban on the devices in the U.S. Some individual states are considering bans pending a full review of e-cigarettes by the FDA.

It’s been a constant back and forth – there’s some good news and some bad news for vapers.

First the good news – the FDA received a big setback from a D.C. Court of Appeals whose ruling effectively denied the agency’s request for a review of a three-judge panel’s decision. Specifically, the ruling ordered the FDA to regulate electronic cigarettes as tobacco products.

An FDA spokesman said Monday the agency is evaluating the latest court ruling and determining if it will appeal the decision to the U.S. Supreme Court.

Now for the bad news – the New York State Assembly currently has a bill to ban the sale of electronic cigarettes pending more detailed findings from the FDA on the safety of the vaping devices.

The bill, sponsored by Manhattan Democrat Linda Rosenthal, has passed out of the Health Committee and is currently in another New York House committee. It’s still unclear whether the bill will ultimately become law. It passed the State House last year but died in the Senate.

Health officials contend electronic cigarettes encourage minors to take up smoking. They also contend it’s not widely known what goes into the e-cigarette’s nicotine liquid…the health effects of e-cigarettes are not widely known.

Advocates who’ve used e-cigarettes consider the devices to be a miracle of sorts and want them to be regulated as tobacco products. They claim e-cigarettes helped the dramatically reduce or completely quit their smoking habits.

If you’re a resident of New York State, we urge you to call your state representative, senators and governor and urge them to oppose this bill.  And let’s keep it up!! Electronic cigarettes should be available to anyone 18 or over and responsibly regulated.

Club Commissions Study to Learn Effects of Electronic Cigarettes On Indoor Air Quality

Tuesday, January 25th, 2011

One of our industry’s consumer groups – the National Vapers Club – has commissioned a study to determine the effects electronic cigarette use has on indoor air quality.

As you may or may not know, the U.S. Food & Drug Administration along with the World Health Organization has been using its power to potentially ban electronic cigarettes in the United States. They have strict guidelines on how they’re supposed to be marketed, etc. For example, we are not allowed to claim electronic cigarettes help you quit smoking.

Currently, the FDA and related agencies are evaluating the health and safety of e-cigarettes. Those of us in the industry think our products should be considered tobacco products and regulated as such.

However, the FDA may classify them as a drug which would for all intents and purposes, ban electronic cigarettes in the United States. (…see about a court ruling blocking this move for now)

ExperimentsTo better understand e-cigarettes and to “clear the air,” the National Vapers Club is commissioning a study to understand the affects e-cigarettes use has on indoor air quality. They contracted with a firm experienced in studying indoor air quality as well as specific affects related to smoking.

The study will consist of two parts – data collection and analysis/publication.

NVC is hopeful results from this study will help alleviate people’s concerns about the health and indoor environmental impact of electronic cigarettes.  Results from this study and future ones will help the industry, consumers and government agencies better understand exposure risks and other health concerns of e-cigarettes.

Read more about some myths surrounding e-cigs in our electronic cigarette knowledge center today. And if you have any questions about e-cigarettes, please don’t hesitate to ask.

In regards to the study, the data collection phase is complete. Researchers are currently compiling their findings and will release a final report soon. When they do, we’ll let you know and provide a quick summary.

Court Rules to Allow Import of E-Cigarettes

Thursday, December 9th, 2010

In good news for vapers and electronic cigarettes, a 3-judge panel in a D.C. Appeals Court ruled that the Food & Drug Administration can only regulate e-cigarettes as tobacco and not drugs, and thus cannot block their import into the U.S.

The ruling specifically allows e-cigarette maker Sottera, Inc. to now import its NJOY e-cigarettes.

The court stated in its ruling “Electronic cigarettes are battery-powered products that allow users to inhale nicotine vapor without fire, smoke, ash, or carbon monoxide. The liquid nicotine in each e-cigarette is derived from natural tobacco plants.”

This latest ruling basically holds up a prior court ruling this past January.

Congress granted FDA authority in 2009 to regulate, but not ban, tobacco.

In a statement from Soterra, the company says it’s delighted with the ruling and will allow them “…to make progress on its mission to be the most responsible electronic cigarette manufacturer on the market.”

Campaign for Tobacco-Free Kids president Matthew Myers on the other hand is urging the government to appeal the court’s ruling.

“This decision will allow any manufacturer to put any level of nicotine in any product and sell it to anybody, including children, with no government regulation or oversight at the present time,” Myers said in a statement.

This past September, the FDA sent warning letters to 5 e-cigarette retailers saying they were illegally marketing e-cigarettes as a stop smoking aid. The agency claims it had the authority to regulate e-cigarettes as drugs.

A California e-cigarette firm settled a civil suit in October by agreeing not to target marketing to minors or claim their products are a safe alternative to cigarettes.

We think the Court of Appeals ruling was correct in allowing the importation of e-cigarettes. Regulating our products as tobacco rather than a drug allows more flexibility in producing and selling e-cigarettes.

We of course require all of our customers to be at least 18 years old and while claims are made to e-cigarettes being a good stop-smoking aid, we do not explicitly endorse our products for this purpose.

However, if you want a modern alternative to traditional tobacco cigarettes, consider Modern Vapor’s line of smokeless electronic cigarettes today.

Actress Katherine Heigl Talks Up E-Cigs on Letterman Show

Tuesday, November 30th, 2010

Eventhough the original segment aired two months ago, this clip from the Late Show with David Letterman shows how many celebrities are turning to electronic cigarettes to satisfy their nicotine needs.

Actress Katherine Heigl is one such celebrity. She’s well known to viewers of ABC’s hit series Grey’s Anatomy and has also appeared in other TV shows and movies. You may remember her role in Steven Seagal’s UnderSiege 2 where she played the niece of Seagal’s character.

Heigl has been a smoker for many years and struggled to kick the habit.

She explains the progression of the cigarette habit quite well and explains how she tried about every quit smoking aid out there, including the prescription drug Chantix.

Heigl does say that she’s emitting water vapor, humidifying the studio or space she’s vaping in. We’d like to point out that’s not quite true as the vapor you exhale actual is mostly comprised of propylene glycol and glycerin, two substances commonly used in food additives and fog machines.

But the highlight of the interview is Dave Letterman trying the e-cigarette. Letterman is known to be an avid cigar smoker but he seemed to really enjoy vaping as well.

The interview had a lot of great back and forth and humorous exchanges we all know and appreciate about the Late Show.

Before you catch the quick exchange on e-cigarettes, we’d also like to point out that electronic cigarettes are not approved quit smoking aids like nicotine patches, gums and other items. But many people in fact claim these devices help them deal with their cigarette habits. Regulations and ongoing litigation in the industry though prevents us from making any official claims to that effect.

Prominent Doctor Criticizes FDA Position on Electronic Cigarettes

Monday, October 25th, 2010

As you very well may know, the U.S. Food and Drug Administration has been strongly critical of the safety of smokeless electronic cigarettes. Some states have even entertained the idea of banning them outright.

In a press conference last year, the FDA claimed these alternative nicotine delivery devices contained harmful “toxins” and “carcinogens” and since there hasn’t been extensive testing as of yet, smokers were urged to stay away from electronic cigarettes.

Dr. Elizabeth Whelan, president of the American Council on Science and Health, was strongly critical of the FDA’s stance in this op-ed piece that appeared in the Washington Times…she claims the agency’s statements were misleading and incomplete and that in her opinion, the FDA has abandoned their long tradition of sticking to sound science when making judgments about particular items.

Whelan says the agency was being truthful about the fact that electronic cigarettes haven’t been through all of the formal FDA safety tests. However, they failed to point out that traditional cigarettes are not harmful because of the various carcinogens and toxins they contain but because a smoker inhales so much smoke with a cigarette.

Otherwise known as “products of combustion,” this inhaled smoke is what causes many of the diseases (i.e. cancer, cardiovascular disease, emphysema and more) that kill an estimated 450,000 people each year.

Electronic cigarettes on the other hand mimic traditional cigarettes in their look and feel but deliver nicotine differently

The FDA also says electronic cigarettes are nicotine delivery devices – that much is true but it’s not the nicotine that kills so many people, it’s the smoke according to Dr. Whelan. Getting the nicotine without the harmful smoke would yield an extraordinary public health benefit Whelan says.

Other nicotine delivery systems like gums and patches have been approved by the FDA but since smoking cessation rates are less than 15% with these products, Dr. Whelan claims they’re an abysmal failure.

Finally, Dr. Whelan claims the FDA was urging e-cigarette ‘vapers’ to call-in and report any adverse effects since they couldn’t find any evidence on their own. Whelan believes the agency intends on banning these devices in the U.S.

In the end, Whelan contends that any alternative to regular cigarettes should be taken seriously since smoking still remains the leading cause of preventable disease and death in the U.S.  She says that rather than condemning the devices, they should be commissioning studies to determine the true safety of these devices.

Florida Electric Cigarette Distributor Barred from Selling Products in Oregon

Thursday, August 19th, 2010

Because of the industry’s youth and mystery surrounding them, electric cigarettes are being scrutinized by various states around the country and the U.S. Food and Drug Administration…in fact, the industry is standing by to learn from the FDA on whether they will need to sell their products as a drug device or tobacco product.

In a recent settlement, Florida based Smoking Everywhere will no longer be able to sell its products in the state of Oregon. The company was accused of not obtaining FDA approval and marketing its products as a “safe” alternative to cigarettes without the proof to back it up.

Oregon is the first state to go to court to block the sale of electric cigarette products, some of which are designed to look like real cigarettes.

To settle the suit, the company admitted to violating Oregon’s Unlawful Trade Practices Act and was forced to pay $95,000 to the state’s Department of Justice in addition to agreeing to cease sales in the state. Elico Taieb, the company’s president, will also pay an additional $25,000 fine to the state of Oregon.

Taieb’s attorney Jason Weaver says “we believe the product is safe” and disputed with Oregon on the premise of the product being sold without FDA approval.

In January, Smoking Everywhere and NJOY won a lawsuit against the FDA. The court ruled the agency doesn’t have the authority to regulate electric cigarettes as a drug delivery device…the U.S. Court of Appeals is expected to take up the matter next month.

Legal issues like this arise because electric cigarettes have no legal classification…they are neither a medical device nor a recreational tobacco product.

If they’re classified as a medical device, they would need FDA approval. If they’re classified as a tobacco product, they would not be legally available online and could not advertise on TV and radio.

This is just one example of the legal challenges the nascent electric cigarette industry faces. While they do not possess the repugnant smell regular cigarettes do, it isn’t settled on whether they’re a safe alternative to smoking.

7 Common Myths Surrounding Electric Cigarettes

Thursday, August 12th, 2010

As with any new products or technologies, myths start swirling about their effectiveness or safety…electric cigarettes are no different.

Some of the following myths surrounding electric cigarettes exist because they pose a threat to traditional cigarettes. Myths get started to dissuade people from exploring the novel product.

The following are 7 myths surrounding smokeless electric cigarettes. Read our newest article – 7 Common Myths Surrounding Electric Cigarettes – to learn more about these myths.

Myth #1 – No one knows what’s in an electric cigarette so they must be dangerous

Myth #2 – Electric cigarette juice comes in various flavors to attract teenage users

Myth #3 – Electric cigarettes are being sold to kids

Myth #4 – Electric cigarette companies market nicotine to non-smokers

Myth #5 – You cannot legally market electric cigarettes in the U.S.

Myth #6 – If you can stop people from smoking, why give them an alternative?

Myth #7 – Nicotine is bad for you

These are just 7 of the most common myths regarding electric cigarettes…as the technology develops and more people discover the effectiveness of electric cigarettes, expect more rumors to start flying.

Again, learn some details about each of these myths by reading our newest electric cigarette knowledge center article today.

Cancer Risk from Nicotine Gums and Lozenges Higher than First Thought Research Suggests

Wednesday, July 21st, 2010

While the jury is still out on smokeless electronic cigarettes and their potential health effects, researchers in Britain have concluded that prolonged use of nicotine gums and lozenges could lead to mouth cancer.

Many people use smoking cessation products like patches, gums and lozenges to help them kick their smoking habits.

But researchers are suggesting prolonged use of gums and lozenges could be almost as dangerous as smoking. They’re not advising people to quit using them but rather follow instructions and discontinue use after a few months.

Nicotine has long thought to be one of the less carcinogenic, or cancer causing, substances in cigarettes. Tar and other chemicals have a much higher chance of causing cancer.

This is why many smoking cessation products and strategies deliver nicotine in small doses. Doing so slowly weans the smoker from the habit rather than them going about it cold turkey. Therefore, researchers are not urging people to quit using cessation products if they’re serious about quitting smoking.

But research does suggest nicotine may be responsible for the formation of tumors.

Dr. Muy-Teck Teh of the University of London has studied the role of a particular gene, FOXM1, in causing mouth cancer. Nicotine exposure to a mouth lesion that possesses higher levels of the FOXM1 gene could cause cancerous tumors to develop. Dr. Teh is only suggesting a potential elevated risk and hasn’t conclusively linked the presence of this gene combined with higher nicotine exposure and cancer.

And this is Teh’s main concern in regard to nicotine gums and lozenges…increased direct nicotine exposure in the mouth could pose a higher cancer risk to some people.

Smokeless electronic cigarettes do contain nicotine but they don’t have many of the harmful chemicals regular cigarettes have.

While smokeless electronic cigarettes are technically NOT smoking cessation products, many people have successfully used them to curtail their smoking habits…many saying they noticed the immediate positive effects on their health and pocket books.

In short, research isn’t conclusive enough yet to know the full effects of smokeless electronic cigarettes but as we see from Teh’s research, there’s inherent risk in things we may not think are dangerous.

So if you’re looking for an “alternative” to traditional cigarettes or have tried smoking cessation products, consider buying a smokeless electronic cigarette starter kit today and see for yourself if it can help you curb your appetite for regular cigarettes.

AMA Recommends Electrical Cigarettes be subject to FDA Regulation

Thursday, July 8th, 2010

The American Medical Association recently adopted a new policy regarding electric cigarettes, who recommends they be regulated like other drug delivery devices by the Food & Drug Administration…the health organization also adopted a policy calling for the prohibition of e-cigarettes that are not FDA approved.

“Very little data exists on the safety of e-cigarettes, and the FDA has warned that they are potentially addicting and contain harmful toxins,” said AMA Board Member Edward L. Langston, M.D. “Our new policies can help ensure that e-cigarettes are properly classified and regulated.”

Unlike conventional cigarettes where the nicotine is released by burning, electrical cigarettes have a battery powered cartridge that releases the nicotine contained in the e-cig juice…nicotine liquids come in many different flavors including tobacco, candy, almonds, citrus and more.

Some e-cigarette retailers market their products as a safe alternative to traditional cigarettes and a good smoking cessation aid. Since there has been little independent research done on the products, the AMA is concerned the flavored nicotine liquids could be enticing youngsters to nicotine.

“The fact that they come in fruit and candy flavors gives them the potential to entice new nicotine users, especially teens,” said Dr. Langston

AMA’s new policies come on the heels of a report looking into current regulations and potential health impacts of electronic cigarettes.

Modern Vapor smokeless electronic cigarettes do not market our products as a safe alternative to traditional cigarettes. Nicotine is still a very powerful and addictive drug, no matter if you’re using a product like ours or a regular cigarette.

While our products do offer some “advantages” over traditional cigarettes, we by no means infer that they are a safer alternative either. While some of our customers have said their use of e-cigarettes curbed or eliminated their use of regular cigarettes and made them feel healthier, we cannot and will not say our products are a “healthy alternative.”

We share the AMA and FDA’s concern of proper labeling and marketing of electric cigarette products and are absolutely opposed to any marketing toward children.

If you’re interested in learning about some of the advantages of e-cigarettes over regular ones, take a moment and look at our selection of smokeless electronic cigarettes today.