Yesterday, June 21st 2009, President Obama signed the Congressional Tobacco Bill into law. This effectively gives the Food and Drug Administration (FDA) power to regulate the marketing and sale of any tobacco product in the US. Though a majority of surveyed Americans were opposed to the legislation, its passage was unanimous – even in the face of big tobacco company support by key Senators. But what exactly does this mean for the impressive surge of the electronic cigarette?
The answer to this question depends on several factors. The essential factor though, is whether or not the courts consider the e-cigarette to be a tobacco product to begin with. Many supports of the e-cig claim that though it’s an alternative to smoking, the device does not contain nor use any tobacco at all. In fact, the device’s only connection with tobacco is in the optional tobacco flavor that is offered.
However, the FDA’s argument focuses on the product’s appeal to those who use it as a quit smoking device. Such use brings the electronic cigarette squarely under the regulation of the FDA. This advancement is further bolstered by the fact that many e-cig users order the nicotine filled cartridges and the new law gives the FDA plenary power to regulate the actual level of nicotine in smoking products.
I think that the outcome of this ensuing battle will eventually favor the e-cig. At the heart of the device, as opposed to mostly all other tobacco products, is the fact that there are no flammable/combustible mechanisms employed for its use. From the atomizer to the vapor that is produced, no tar or carcinogenetic cancer causing toxins are to be found. This not only bodes well for the continued longevity of the electronic cigarette, but also for its user!
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