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no 7 e cigarette and the Law – United States Legislation
The U.S. Food and Drug Administration (FDA) is the primary federal agency responsible for electronic cigarette regulation. In attempt to treat electronic cigarettes under the laws governing drugs and drug delivery devices, the FDA initially classified them as medical devices, which would have required compliance with the relevant law.
However, manufacturers challenged this categorization through the courts and won, obtaining a ruling that electronic cigarettes cannot be considered drugs or medical devices unless they are specifically marketed for therapeutic purposes.
As a result, the FDA intends to handle them under existing regulations for tobacco products, and specialized guidelines are in the process of development.
In the absence of federal guidance, states and municipalities are charged with creating their own parameters for electronic cigarette use and sale. California attempted passage of a bill banning electronic cigarettes throughout the state, but it was vetoed by then-Governor Arnold Schwarzenegger.
Alternatively, New Jersey passed legislation that classifies e cigarettes in the same category as tobacco cigarettes, resulting in their being handled under the New Jersey Smoke Free Air Act. As a result, electronic cigarettes cannot be sold to minors, and it is illegal to use them in any enclosed area.
New Hampshire state government also barred the sale of no 7 e cigarette to minors, closely followed by Arizona. Washington State is divided, with one county prohibiting both electronic cigarette sales to minors, as well as their use in public places, and a neighboring country allowing use in public, for example bars and workplaces, though upholding the ban on sales to minors.
Opponents of no 7 e cigarette are organized in an effort to pass a nationwide act, which would restrict use in all workplaces and public areas. Their model ordinance reads in part as follows:
“E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions.”
The regulations typically define electronic cigarettes in all-inclusive terms, similar to this example:“E-cigarette means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.”
no 7 e cigarette users are passionate about the product, asserting their rights to enjoy a “smoke” anytime and anywhere. Manufacturers stand to lose money as more restrictive legislation is passed. As a result, formidable groups are forming to counter perceived threats, both to protect electronic cigarette use in a variety of public settings, as well as to shield the significant profits currently being realized. Existing laws will be tested and new ones will be made, as consumers and industry come up against electronic cigarette related issues.