Court Disagrees – The FDA’s Questionable Actions In Banning E-Cigarette Chinese Imports
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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.
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.
After hinting about banning electronic cigarettes several times, the FDA established a ban on e-cigarettes and electronic smoking supplies imported from China. The reasons offered by the FDA for this ban seemed to vary but then coalesced into a “fear” that e-liquids used to refill electronic cigarettes would lure underage people into smoking and addict them to nicotine.
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.
Pointing to the newly established tobacco division created within the FDA to regulate tobacco, the judge stated that the same regulations could be applied to electronic cigarettes and supplies.
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.
Mary Kay Rivers is a true expert in the field of e-cigarettes. Her publications “When where E-Cigarettes Invented?” or about the best electronic cigarette have become very popular.
Originally posted 2010-02-18 00:19:11.
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