Use Of Electronic Cigarettes

Alternative smoke-free nicotine products, namely electronic cigarettes, have been a crucial step in smoking cessation. While, further research still needs to be done on the use of electronic cigarettes to determine the safety, the research that has been done shows that it is much less harmful than conventional cigarettes. (Farsalinos, 2015) The Food and Drug Administration’s current deeming regulation will remove the vast majority of electronic cigarette products on the market. (Regulating Additional Tobacco Products , 2015) The current Food and Drug Administration’s policy requires that any tobacco products made after 2007 would require a premarket review before it could be sold in stores. The current concern with this date is that very few
electronic cigarette products that exist today existed in 2007, and very few that existed in 2007 still are available today, which would leave no alternative way for consumers to get nicotine besides traditional cigarettes. (Regulating Additional Tobacco Products , 2015)

The current issue arises with the belief that electronic cigarettes could be a potential gateway to minors to begin using actual cigarettes.
(Study Raises Concerns Youth E-Cigarette, 2015) Part of the blame can be put on the individual states. In some states electronic cigarettes are not age restricted, so anyone of any age can walk into a store and purchase one. Another point of contention is that limited studies have shown that electronic cigarettes can produce formaldehyde, a known carcinogen (Carbonyl Compounds Generated from Electronic Cigarettes, 2014). Another issues lies in that fact that, like real cigarettes, electronic cigarettes in most cases contain nicotine, which in high concentration is a toxic poison. Since the release of electronic cigarettes there has been a rise in the number of calls to local poison control centers regarding accidental ingesting of electronic cigarettes liquid. (Poisoning Cases Related to E-Cigarettes Skyrocket, 2014) While the diluted nicotine contained in the finished liquid for electronic cigarettes does not contain a very concentrated nicotine, the worry lies in the fact that small children ¬¬are more susceptible to lower doses of nicotine, and the sweet and fruity flavors in the liquid may be appealing to them. (Poisoning Cases Related to E-Cigarettes Skyrocket, 2014) In December 2014. a child in New York died after ingesting liquid nicotine. (Child Death Liquid Nicotine,
2014)¬

On April 28th, 2015 Representative Tom Cole of Oklahoma introduced a bill that would move the Food and Drug Administration’s deeming date, or grandfather date, on new tobacco products from 2007 to 2015.
This means that any tobacco product made before 2015 would still be legal to sell in stores, without the approval of the FDA. (Cole, 2015) In June 2009 President Obama signed Family Smoking Prevention and Control Act. Previous to this Act the FDA had very limited power to regulate tobacco products. The passing of the Family Smoking Prevention and Control Act gave the FDA much more power and control over products deemed as tobacco products. As a result of this new acquire power and control the FDA established the Center for Tobacco Products (CTP). The CTP is responsible for the implementation of the Family Smoking Prevention and Control Act. The CTP is the main proponent in the FDAs current deeming policy for additional tobacco products. In 2010 the FDA attempted to ban electronic cigarettes, stating that they could be used for drug purpose and should be regulated as drug product. On January 14, 2010 Judge Leon of District Court for the District of Columbia ruled, in SMOKING EVERYWHERE, INC. v. U.S. FOOD AND DRUG ADMINISTRATION, stating that the ban on electronic cigarettes was unlawful and could only be regulated drugs if it made a therapeutic claim. (UNITED STATES DISTRICT COURT, 2010) The Campaign for Tobacco Free-Kids (CTFK) has been one of the largest supporters for the
Food and Drug Administration’s policy, claiming that electronic cigarette manufacturers are luring children into using nicotine products by using advertisement, celebrity endorsements, and flavors that appeal to children. (Editor, 2015) On October 27th, 2015 the Campaign for Tobacco Free-Kids organized a call to action urging supporters to contact the president and their state and local representatives and urge them to support the FDAs deeming proposal on electronic cigarettes and other alternative nicotine products. (CASAA Call to Action, 2015) Another group, the Consumer Advocates for Smoke-Free Alternatives (CASAA) has been a major supporter for the rights of the consumer to use electronic cigarettes, if they so choose to. On November 4, 2015 in response to the CTFK’s call to action, the Consumer Advocates for Smoke-Free Alternatives organized a call to action urging electronic cigarette users and alternative nicotine product users to contact the president and state and local representatives and demand that the FDA’s policy be reworked. In addition to demanding the reworking of the policy, CASAA also urged supporters to tell the president and representatives to support Tom Cole’s proposed bill (HR 2058), which would change the FDAs current grandfather date for regulating new electronic cigarette products from 2007 to 2015. (CASAA Call to Action, 2015)

There have been many proposed solutions to the problem of regulating electronic cigarettes. Due to lack of regulation, and in some states the lack of a minimum required age (Sun, 2014), it is very convenient for minors to acquire the product. One solution to this would to require a minimum age in all states. (Sebastian, 2014) This is a great idea, with no real cons. Children shouldn’t be purchasing nicotine products, by placing a minimum age on all nicotine products it makes it much more difficult for minors to obtain. Free samples of the product would be strictly prohibited. (Sebastian, 2014) This is good and bad, while it makes it harder for minors to acquire, free samples are a good way of self-advertisement and promotion, and by removing this option suppliers and manufacturers must look for other avenues of advertisement. Another proposed solution is to increase taxes drastically. This is generally a bad idea, electronic cigarettes are considerably cheaper than traditional cigarettes, which is why we have seen the increase of electronic cigarette use and the decline of traditional cigarette use. If we include a drastic tax on the product, then the product may become more expensive than cigarettes. Not only would we see a rise in cigarette use again, it would also cost the electronic cigarette industry and many people could potentially could lose jobs. (Pennsylvania Legislature Should Reject Gov. Wolf’s E-Cig Tax, 2015)

There have been many attempts by many groups to solve the problem of what to do with electronic cigarettes. I will look at some of the possible actions and their outcomes. Nothing could be done and the FDAs regulations could be passed, and with its passing all electronic cigarettes would be off the market and would require premarket approval. If this happens the industry will go bankrupt, the people who work in the industry will be unemployed, and the consumers who use it to try to get away from traditional cigarettes will have no other choice to either quit nicotine all together or return to a very unhealthy habit. The other option is that HR 2058 is supported and the grandfather date of alternative tobacco products gets pushed up from 2007 to 2015. This option has a very less drastic impact. While, future products will still require premarket approval, it leaves everything that currently exists on the market. This preserves the industry, keeps many Americans employed, and gives the consumer the option to choose whether they want to use electronic cigar cigarettes. I recommend in order to preserve an industry, keep many Americans employed, and give the consumer the right to choose, then HR 2058 needs to be passed or the FDA needs to reconsider the grandfather date that it currently has in place. The grandfather date in the current FDAs proposed regulation is too restricting and will leave much to be desired on the market. In order to determine the safety of the product more expensive tests must be done. In addition to changing the grandfather date, it must be made more difficult for children to obtain, and in its current state is too easy for minors to obtain.