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Why are some US states jumping the electronic cigarette regulatory gun?
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Mark Benson Offline
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Why are some US states jumping the electronic cigarette regulatory gun?
Each day use in the US seems to indicate a growing appetite amongst state authorities to implement an array of restrictions and regulations with regards to electronic cigarettes. While the introduction of state adjusted regulations for products and services is not new, the bizarre thing at the moment is the fact that the Food and Drug Administration (FDA) usually leads the way on these particular issues. So why are so many states jumping the gun with regards to electronic cigarettes?

There are a number of factors to take into consideration when looking at electronic cigarettes and the growing regulatory structure around this blossoming industry.

FDA slow to react

You would think that the fact the FDA’s two-year review into electronic cigarettes has now entered year three is bad enough but did you know that the FDA attempted to ban electronic cigarettes out right just a few years ago? The impression at the moment is that the FDA has undertaken a "new" two-year review when in reality it has been monitoring the electronic cigarette industry for some time now.

The truth is that the authorities have been so slow to react to electronic cigarettes and many states have been forced to make difficult decisions in the short term. The easy option for many, despite the fact that electronic cigarettes and tobacco cigarettes are very different, is to bulk these two products into one group. There is every chance that this strategy will be changed in the months and years ahead because an array of medical reviews have confirmed that the risks associated with the two products are very different, as are instances of secondary smoking.

Confusion breeds rumours

While the FDA is involved in many aspects of everyday life, and the business arena, the issue of electronic cigarettes is one which seems to be beyond the current regime. We are now expecting an announcement on various changes and regulatory introductions in the short to medium term but this was originally expected towards the end of 2013 and failed to materialise. The fact that the FDA has not made any public comment about the ongoing study into electronic cigarettes has caused something of an information vacuum which is the ultimate breeding ground for rumours, untruths and biased propaganda.

The reality is that no responsible electronic cigarette company or retailer is against restricting the sale of electronic cigarettes to minors, there is no resistance to further medical trials and indeed a light touch regulatory structure would offer the best environment for customer protection and industry growth. It will be interesting to see what the FDA finally has to say on electronic cigarettes although the fact that many states have already jumped the gun will take away some of the impact when we finally see the much rumoured review.


Some states in the US are formally legalising the use of electronic cigarettes in public while others seem happy to bulk them together with tobacco cigarettes and the relevant restrictions already in place. There is a growing suspicion that bulking electronic cigarettes with their tobacco cigarette counterparts is the natural stepping stone towards some form of specific electronic cigarette tax. Indeed some US states have already openly discussed an additional tax on the sale of electronic cigarettes even though the federal position on this issue has yet to be confirmed.

In conclusion, the FDA's inability to deliver a timely report on electronic cigarettes and future regulations has left an information vacuum which many states and politicians with a biased agenda are more than happy to fill with their own propaganda.

For more information on OK Electronic Cigarettes and the various products available please visit the OKCigs website.
23-01-2014 12:10 PM
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18sixfifty Offline
too big for his britches

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RE: Why are some US states jumping the electronic cigarette regulatory gun?
Cigarettes are the new Devil and anything resembling them must be purged. Typical fascists looking to control people for their own good. The government loves providing solutions to non-existent problems when they are powerless to fix real problems. Feel good "solutions" are easy, real solutions to real problems? Not so easy.
23-01-2014 02:40 PM
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