In a manner that suggested the government agency was bowing to pressure exerted by big tobacco, in 2008 the FDA began issuing statements regarding potential safety problems posed by electronic cigarettes.
We have known for over 40 years that smoking tobacco is a serious health danger. It was then that warnings were added to cigarette packs yet the U.S. now has one of the weakest warnings used globally. After forty years of proof of the dangers in tobacco, the FDA moved in 2009 to regulate the tobacco industry. You may be surprised to learn big tobacco conglomerates welcomed this new regulating effort. Of course they did. The regulations are likely to be based around their current practices and a result would be to make it far more difficult for a competitor to enter the marketplace.
After various expressions of concern, the FDA banned importation of e-cigarette supplies from China. The ban was imposed in 2009 affecting the world’s biggest exporter of e-cig supplies. When announcing the ban, the FDA claimed concern that underage users would be tempted by flavored e-liquids and become addicted to nicotine. No proof or studies were offered as evidence for this concern.
In a decision handed down by a Federal Judge on January 15, 2010, the FDA was ordered to lift the import ban that affected electronic cigarettes. The FDA was criticized for aggressive efforts focused on turning a recreational product into one designated as a device or drug that could then be regulated out of existence.
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.
One great outcome for tobacco companies would be allowing the FDA to set separate standards and restrictions for e-cigarettes. This would significantly increase the cost of buying e-cigs and refill supplies. Currently, tobacco products can’t compete in price with alternative electronic products.
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.
Why has a ban on the use of tobacco never been a topic of conversation within the FDA? Why would a government agency designated to determine the safety of products sold to the public focus on attempts to ban a product before conducting scientific research? Where are plans for testing to provide facts about the safety of electronic cigarettes? Makes you wonder, doesn’t it?
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