Friday, July 25, 2014

FDA proposes first regulations for e-cigarettes

By Michael Felberbaum, Associated Press

Published: Thu, April 24 8:44 a.m. MDT

 This photo taken on Wednesday, March 2, 2011, shows Blair Roberts, a 22-year-old sales associate at Colorado E-Smokes as he holds an electronic cigarette and the filter end that holds the liquid nicotine solution at an E-Smokes store in Aurora, Colo.  The federal government wants to ban sales of electronic cigarettes to minors and require approval for new products and health warning labels under regulations being proposed by the Food and Drug Administration.

This photo taken on Wednesday, March 2, 2011, shows Blair Roberts, a 22-year-old sales associate at Colorado E-Smokes as he holds an electronic cigarette and the filter end that holds the liquid nicotine solution at an E-Smokes store in Aurora, Colo. The federal government wants to ban sales of electronic cigarettes to minors and require approval for new products and health warning labels under regulations being proposed by the Food and Drug Administration.

(Ed Andrieski, Associated Press)

WASHINGTON — The federal government wants to ban sales of electronic cigarettes to minors and require approval for new products and health warning labels under regulations being proposed by the Food and Drug Administration.

While the proposal being issued Thursday won't immediately mean changes for the popular devices, the move is aimed at eventually taming the fast-growing e-cigarette industry.

The agency said the proposal sets a foundation for regulating the products but the rules don't immediately ban the wide array of flavors of e-cigarettes, curb marketing on places like TV or set product standards.

Any further rules "will have to be grounded in our growing body of knowledge and understanding about the use of e-cigarettes and their potential health risks or public health benefits," FDA Commissioner Dr. Margaret Hamburg said.

Members of Congress and public health groups have raised concerns over e-cigarettes and questioned their marketing tactics.

"When finalized (the proposal) would result in significant public health benefits, including through reducing sales to youth, helping to correct consumer misperceptions, preventing misleading health claims and preventing new products from entering the market without scientific review by FDA," said Mitch Zeller, the director of the FDA's Center for Tobacco Products.

Once the new rules are finalized, the agency could propose more restrictions on e-cigarettes. Officials didn't provide a timetable for that action.

"The devil will be in the details of future regulatory decisions," said Jeff Stier, senior fellow at the National Center for Public Policy Research, a conservative think tank in Washington. "If the regulations are too heavy-handed, they'll have the deadly effect of preventing smokers from quitting by switching to these dramatically less harmful alternatives."

The FDA said the public, members of the industry and others will have 75 days to comment on the proposal. The agency will evaluate those comments before issuing a final rule but there's no timetable for when that will happen. The regulations will be a step in a long process that many believe will ultimately end up being challenged in court.

E-cigarettes are plastic or metal tubes, usually the size of a cigarette, that heat a liquid nicotine solution instead of burning tobacco. That creates vapor that users inhale.

Smokers like e-cigarettes because the nicotine-infused vapor looks like smoke but doesn't contain the thousands of chemicals, tar or odor of regular cigarettes. Some smokers use e-cigarettes as a way to quit smoking tobacco, or to cut down. However, there's not much scientific evidence showing e-cigarettes help smokers quit or smoke less, and it's unclear how safe they are.

The industry started on the Internet and at shopping-mall kiosks and has rocketed from thousands of users in 2006 to several million worldwide who can choose from more than 200 brands. Sales are estimated to have reached nearly $2 billion in 2013. Tobacco company executives have noted that they are eating into traditional cigarette sales, and their companies have jumped into the business.

Some believe lightly regulating electronic cigarettes might actually be better for public health overall, if smokers switch and e-cigarettes really are safer. Others are raising alarms about the hazards of the products and a litany of questions about whether e-cigarettes will keep smokers addicted or encourage others to start using e-cigarettes, and even eventually tobacco products.

"Right now for something like e-cigarettes, there are far more questions than answers," Zeller said, adding that the agency is conducting research to better understand the safety of the devices and who is using them.

At first glance, the FDA's proposal is "broadly as expected and not as restrictive as some had feared," Wells Fargo Securities analyst Bonnie Herzog wrote in a note to investors.

In addition to prohibiting sales to minors and requiring health labels that warn users that nicotine is an addictive chemical, e-cigarette makers also would be required to register their products with the agency and disclose ingredients. They also would not be allowed to claim their products are safer than other tobacco products.

They also couldn't use words such as "light" or "mild" to describe their products, give out free samples or sell their products in vending machines unless they are in a place open only to adults, such as a bar.

Companies also will be required to submit applications for premarket review within two years. As long as an e-cigarette maker has submitted the application, the FDA said it will allow the products to stay on the market while they are being reviewed. That would mean companies would have to submit an application for all e-cigarettes now being sold.

Michael Felberbaum can be reached at http://www.twitter.com/MLFelberbaum .

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1. Shawnm750
West Jordan, UT,
April 24, 2014

I'd like to see a study on whether these devices actually enhance one's addiction to nicotine. Also, while I'm admittedly no expert on the subject, I believe that the nicotine concentration in some of these e-cigarettes is actually higher than their traditional counterparts. My guess is that one canister/unit/whatever probably contains more nicotine than a whole pack of cigarettes which means some people are actually becoming more dependent. In fact, I know people who now regularly use e-cigarettes that would never have smoked a regular cigarette. I'm not sure if they sell nicotine free versions, but I kind of doubt that they do. That alone makes these worse than traditional cigarettes in my opinion...

2. Deserthiker
SALT LAKE CITY, UT,
April 24, 2014

Lets be clear. "E-cigarettes" are not cigarettes at all. There is no smoking going on or burning of tobacco leaves or anything else. E-cigs are an inhalation device for nebulized nicotine shaped to mimic a cigarette. The amount of nicotine inhaled depends on the concentration in the solution used in the device. the E-cig should be FDA regulated as a drug delivery system and clearly labeled as such with appropriate warnings and monitoring.

3. Mountanman
Hayden, ID,
April 25, 2014

What a country we live in. Smoking marijuana is hailed as "medicinal", an expression of "freedom of choice",but electronic water vapor cigs are horrible and must be considered a "drug delivery system" that must condemned! I can't imagine how confusing it must be to be a liberal.