Sent on behalf of Robert Lipson
Dear Mrs. Vincent:
I am Bob Lipson, Senior Counsel in the Consumer Protection Division of the Washington Attorney General's Office. Your email of 8/1/09 to our office has been forwarded to me for a reply. I am well aware of the advent and circumstances surrounding the electronic cigarette industry because of my work in consumer protection which is looking at the question of electronic cigarettes, and so I am glad to respond to your email.
First of all, congratulation for stopping your pack and a half a day habit of Marlboros. I do not say that flippantly.
Second, I dont know the ASH letter you mentioned, but be assured no one is telling this office how to go about its business or do its duty to our citizens. I really dont know what effort you are referring to by ASH or any other interest group, but this is as professional a public law office as you could ever wish for or hope to achieve.
Now, I turn to your issue. I understand you are pro-electronic cigarettes. Please understand, however, that we have several concerns with electronic cigarettes. Even so, we do not pre-judge anything. Everything depends on the facts and the law. The issue for the consumer protection division is not whether electronic cigarettes are more harmful, as harmful, or less harmful than traditional cigarettes. That might be a legislative question for Congress or the state legislature, but as you know this office is not a legislative body. We enforce the law as we understand it. The question under state law is whether the representations of certain electronic cigarette manufacturers, importers, and retailers regarding the safety of the product is truthful, and whether the companies have the proper legal kind of scientific evidence to allow them to make those claims. In addition, there is a question, at least in some scientists views as I understand it, that some of the products may not be safe at all. Indeed, there may be harmful components in the vapor that consumers are not informed about which appear in detailed chemical analysis of the vapor. This was reported about 10 days ago by the FDA in its analysis of the vapor from, I believe, two different brands. The full report can be found on the FDA website. So under state law, we are concerned that there may be misrepresentations regarding safety and inadequate scientific support or substantiation for the sellers claims.
Another issue is that the FDA contends that it has authority and jurisdiction to regulate these products. Understand the FDAs reason and purpose is public safety. If e-cigarettes are drugs or drug delivery devices because of the nicotine in them or because they are smoking cessation devices, then the FDA needs to approve the product before it can be sold. It doesnt mean they cant eventually be sold; it just means that before they can be sold the manufacturers have to prove safety and effectiveness to the FDA experts through proper testing. You are probably aware that this issue is currently being litigated in federal court in Washington D.C.
There are other concerns that come into play, too, such as marketing to children by at least one manufacturer and lack of manufacturing controls over the amount of nicotine emitted, but I think that is enough elaboration for now.
I hope this addresses your email and concerns and that you now understand some of our concerns.
Bob Lipson
Senior Counsel
Washington State Attorney General's Office
800 5th Ave., Suite 2000
Seattle, Wa. 98104
206-389-2513
email: robertl@atg.wa.gov
fax: 206-587-5636
Michelle Ferazza | Legal Assistant
Washington State Attorney General's Office
Consumer Protection Division
800 Fifth Avenue, Suite 2000 | Seattle, WA | 98104
Phone: (206) 464-6491 | Fax: (206) 587-5636
Email: michellef@atg.wa.gov
Dear Mrs. Vincent:
I am Bob Lipson, Senior Counsel in the Consumer Protection Division of the Washington Attorney General's Office. Your email of 8/1/09 to our office has been forwarded to me for a reply. I am well aware of the advent and circumstances surrounding the electronic cigarette industry because of my work in consumer protection which is looking at the question of electronic cigarettes, and so I am glad to respond to your email.
First of all, congratulation for stopping your pack and a half a day habit of Marlboros. I do not say that flippantly.
Second, I dont know the ASH letter you mentioned, but be assured no one is telling this office how to go about its business or do its duty to our citizens. I really dont know what effort you are referring to by ASH or any other interest group, but this is as professional a public law office as you could ever wish for or hope to achieve.
Now, I turn to your issue. I understand you are pro-electronic cigarettes. Please understand, however, that we have several concerns with electronic cigarettes. Even so, we do not pre-judge anything. Everything depends on the facts and the law. The issue for the consumer protection division is not whether electronic cigarettes are more harmful, as harmful, or less harmful than traditional cigarettes. That might be a legislative question for Congress or the state legislature, but as you know this office is not a legislative body. We enforce the law as we understand it. The question under state law is whether the representations of certain electronic cigarette manufacturers, importers, and retailers regarding the safety of the product is truthful, and whether the companies have the proper legal kind of scientific evidence to allow them to make those claims. In addition, there is a question, at least in some scientists views as I understand it, that some of the products may not be safe at all. Indeed, there may be harmful components in the vapor that consumers are not informed about which appear in detailed chemical analysis of the vapor. This was reported about 10 days ago by the FDA in its analysis of the vapor from, I believe, two different brands. The full report can be found on the FDA website. So under state law, we are concerned that there may be misrepresentations regarding safety and inadequate scientific support or substantiation for the sellers claims.
Another issue is that the FDA contends that it has authority and jurisdiction to regulate these products. Understand the FDAs reason and purpose is public safety. If e-cigarettes are drugs or drug delivery devices because of the nicotine in them or because they are smoking cessation devices, then the FDA needs to approve the product before it can be sold. It doesnt mean they cant eventually be sold; it just means that before they can be sold the manufacturers have to prove safety and effectiveness to the FDA experts through proper testing. You are probably aware that this issue is currently being litigated in federal court in Washington D.C.
There are other concerns that come into play, too, such as marketing to children by at least one manufacturer and lack of manufacturing controls over the amount of nicotine emitted, but I think that is enough elaboration for now.
I hope this addresses your email and concerns and that you now understand some of our concerns.
Bob Lipson
Senior Counsel
Washington State Attorney General's Office
800 5th Ave., Suite 2000
Seattle, Wa. 98104
206-389-2513
email: robertl@atg.wa.gov
fax: 206-587-5636
Michelle Ferazza | Legal Assistant
Washington State Attorney General's Office
Consumer Protection Division
800 Fifth Avenue, Suite 2000 | Seattle, WA | 98104
Phone: (206) 464-6491 | Fax: (206) 587-5636
Email: michellef@atg.wa.gov
Be happy! This is a great response, not a form letter and is very telling!
. 
