FDA Illegal Marketing Example

[Cage]

Is marketing a factor we need to consider?

Seems so....

FDA: Energy drink marketed illegally - Diet and nutrition- msnbc.com

[Vince1]

What's next? A "trade your crack pipe for an e-cig" exchange program?

[TropicalBob]

Absolutely, marketing is a concern. The crap claims on many e-cig sales sites are just asking for trouble -- and it's coming. Consider the usual untruths and distortions that sellers claim and consider this paragraph on the energy drink:

“Your product, ......., is a drug,” the three-page letter reads in part. It’s also a new drug and as such cannot be sold without FDA approval. In addition, the FDA said the product is mislabeled since it doesn’t include “adequate directions for its intended uses.”

Now, this energy drink wasn't marketed as a drug. It was an alternative. Sigh. That is the only way many of us have thought e-cigs should be marketed -- an alternative to the tobacco cigarette. With this article as insight, that "alternative" idea might not fly.

Thanks for posting this startling bit of news. I find it directly applicable to our e-smoking practice. I personally do not expect the FDA to act differently toward our products. We're a "new drug delivery device" using untested fluid intended for inhalation, contained in unsafe bottles without proper labeling, and sold to anyone over the Internet.

[Cage]

Actually TB,
I found that little gem while researching info on your "PBS search for safe cigarette", post. Very nice btw.
My humble thanks to you also.

Cage

[LaceyUnderall]

But... they are selling something that they claim is an alternative to an illegal substance. Nicotine is not an illegal substance. Doesn't that put the e-cig in a different category?

There are some products that go out on limbs and you know they are being brash... and it is good marketing. I do not think the "......." product falls into that category. It's actually a really stupid marketing ploy actually. And to make the font look like rails... I don't know... I'd say these people miss their ........

[Cage]

....... is legal too... under a doctors care.

I think the point is, if you're going to market something, even with a tongue in cheek campaign, you can wind up in trouble with the FDA.
Putting on your best poker face may keep you in the game for awhile, but if your bluff is called, you better have the cards.
You're right Lacy, one look at that label and you've got to wonder what they were thinking.

[MasonM]

Nicotine is a drug, and as such the FDA will most likely eventually come after the ecigs. It's only a matter of time.

[BiscuitSlayer]

Manufacturers should add a tad bit of tobacco to the liquids and just call it a tobacco product.

[Delite]

How they ever made that far surprises me!

[Jim Davis]

Manufacturers should add a tad bit of tobacco to the liquids and just call it a tobacco product.

Yeah - call it a tobacco product, and add a 3000% tobacco tax. No thanks, I'll continue to call mine a vaporizer.