US: Lawmakers Question Pace of E-cigarette Regulations  

Source from:  Consumer Affairs  04/24/2013

The Food and Drug Administration (FDA) served notice some time ago that it will probably regulate electronic cigarettes but has yet to take the first step.

The FDA said it was preparing proposed regulations in 2011 but none appeared. It said the same thing the following year with the same results. Earlier this year it suggested a proposal would be offered in April.

Now the agency is coming under pressure from some lawmakers to get the process rolling. Five U.S. Senators have written to FDA Commissioner Margaret Hamburg, urging her agency to issue "deeming regulations" for the increasingly popular devices that some smokers have adopted in place of cigarettes.

The letter was signed by Sens. Dick Durbin (D-Il.), Frank Lautenberg (D-N.J.), Richard Blumenthal (D-Conn.), Sherrod Brown (D-Oh.) and Jack Reed (D-R.I.). They note that the number of people who have used e-cigarettes has doubled since 2010 but, to date, the nicotine delivery devices are currently not required to be evaluated or approved by the FDA.

Can currently be marketed to children

"Unlike traditional tobacco products, e-cigarettes can be legally sold to children and are not subject to age verification laws," the Senators wrote. "E-cigarettes marketed to appeal to kids in candy and fruit flavors, like bubblegum and strawberry, are readily available to youth in shopping malls and online. These products risk addicting children to nicotine, which could be a pathway to cigarettes and other tobacco products."

Earlier this month the CEO of an e-cigarette company also endorsed some regulation of his industry by the FDA. Eli Alelov, CEO of LOGIC Technology, told ConsumerAffairs that he wants to see manufacturing standards and age restrictions.

"I support raising the bar for the industry," Alelov said. "Right now my biggest enemy is not the FDA, it's these 'me too' brands that come into the market with cheap electronic cigarettes, trying to make a buck, and they're putting lousy products on the market. That's hurting the entire industry."

Alelov's company makes e-cigarettes in only two flavors – tobacco and menthol. He says the wide variety of fruit flavored e-cigarettes offered by other companies don't appeal to people who smoke cigarettes, but instead appeal to young people who don't smoke.

'Reasonable regulation'

The general counsel of FIN Branding Group LLC, another e-cigarette company, is also calling for "reasonable regulation."

"As the electronic cigarette industry continues to grow, it is important to work with stakeholders, including the FDA, to better understand how new regulations might alter our industry," said FIN Branding Vice President and General Counsel Rebecca Maisel. "We believe that some reasonable regulation that addresses quality control, product consistency, and a ban on selling products to minors is important."

State action

While the FDA ponders regulations, some states are considering action of their own. California is considering a measure that would ban the use of e-cigarettes in locations where smoking is banned. Currently e-cigarettes can be used in public spaces since they do not emit smoke, only water vapor.

The measure, SB 648, would ban e-cigarette use inside or within 20 feet of any public building or in a vehicle owned by the state. It would also allow landlords to ban e-cigarette use in private homes.

The Rhode Island legislature is currently debating a measure to ban e-cigarette sales to minors, but would also greatly restrict online sales of nicotine-containing products by treating e-cigarettes the same as traditional tobacco products.

E-cigarettes contain no tobacco but simulate the act of smoking by using heat to create water vapor that is inhaled. The flavored vapor contains nicotine and many smokers have said they find e-cigarettes an acceptable alternative to tobacco.

Anti-smoking groups, however, don't consider them acceptable. They have called for regulating e-cigarettes as tobacco products. Enditem