FDA The term tobacco product

[toughguitar]

The term "tobacco product" defined by the FDA means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. This is a definition that is general and would encompass all and any substances derived from tobacco. This is the sword they are wielding to regulate the e-cigarette industry. We all know that the nicotine we use comes from tobacco, so it falls under their regulation. What has to be considered is how those substances are consumed by humans. Even though liquid nicotine, traditional cigarettes, and smokeless tobacco are all "tobacco products" they are consumed by humans very differently. The harm to the consumer of each product as well as how each substance is ingested is different. To regulate three different products the same way is not in the best interest of the consumer. Since "tobacco products" are produced differently, ingested differently, and some not even a tobacco, but only an extract of tobacco, should be classified as different forms of tobacco products and regulated by the benefits and harms that scientific data generates from human consumption. There is no argument that e-cigarettes are a tobacco product, but it is vastly different than any regulated combustible tobacco on the market now. The fight should be to have a non-combustible tobacco product classification, to separate e-cigarettes from traditional cigarettes, and not be subject to the same regulations as the traditional form of tobacco.

Am I wrong, or is their any flaw in this thinking that I haven't considered. If we can get a different classification for tobacco products the vaping industry and the FDA can get together and institute fair and sensible regulations based on scientific data and consumer demand.This could also be useful for the regulation of cigars, pipe tobacco, and hookah as well as any future tobacco products. I know this is may never happen, the pressure on the FDA to do whats in the best interest of the government, tobacco and pharmaceutical companies and the money they spend outweigh whats in the best interest of the consumer.

 

[KODIAK (TM)]

Am I wrong, or is their any flaw in this thinking that I haven't considered.

Creating an entirely new category of regulations for a product would require Congressional action. Basically, ground zero and FDA's Zeller would like to see something enacted while he's still alive.

 

[FireDragon1138]

Actually, the FDA documents do mention that they recognize that different tobacco products carry different risks, and that some may be less harmful than others. The various tobacco products will not be all regulated the same way.

 

[StormFinch]

And there's a modified risk tobacco product category, congress made the FDA create one. The only problem is, so far there's absolutely nothing in said category, nor has the FDA shown any inclination to try and add anything to it even though Swedish made snus have decades of studies behind them.

 

[Nate760]

Actually, the FDA documents do mention that they recognize that different tobacco products carry different risks, and that some may be less harmful than others.

Which is a meaningless gesture, since any product classified under Section 911 is expressly prohibited from making any claim, either overt or implicit, of reduced harm compared to cigarettes.