This links to the page where the FDA issues are discusssed:
Electronic Cigarette Media | E-Cigarette Direct.com
They have a lengthy disclaimer on the bottom of each page regarding intended use and containing health warnings, including the California clause now included on NJOY packaging as a result of the Consent Judgement.
I have to wonder how many extra lives have been saved by including the words, "Warning for California residents regarding Proposition 65: This product contains nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm."
I wonder if those words are required on Nicorette, Nicoderm, and Nicotrol products sold in California? Does anyone know? The wording makes it appear as if the State of California has some health knowledge that has been kept a secret from the other 49 states.
I have a box of Nicorette and the pregnancy warning reads as follows:
If you are pregnant or breast-feeding, only use this medicine on the advice of your health care provider. Smoking can seriously harm your child. Try to stop smoking without using any nicotine replacement medicine. This medicine is believed to be safer than smoking. However, the risks to your child from this medicine are not fully known.
So what about these birth defects? I found this on the ASH web site
Women who use nicotine gum and patches during the early stages of pregnancy face an increased risk of having babies with birth defects, says a study that looked at about 77,000 pregnant women in Denmark.
The study found that women who use nicotine-replacement therapy in the first 12 weeks of pregnancy have a 60 percent greater risk of having babies with birth defects, compared to women who are non-smokers, the Daily Mail reported. The findings were published in the journal Obstetrics and Gynaecology.
I tracked down the original journal article:
Smoking Habits, Nicotine Use, and Congenital Malformations : Obstetrics & Gynecology
Isn't it interesting that ASH left out this part?
Our results showed no increased overall prevalence of congenital malformations among smokers. We found a slightly increased relative prevalence ratio for major malformations, but with no dose-response pattern.
Our findings indicate that nicotine may be teratogenic when used in nicotine substitutes, although they are based upon small numbers. If nicotine is teratogenic, why is this not seen for smokers? The reasons could be that inhaled heated nicotine in tobacco smoke is absorbed by a different route (ingested or transdermal).26-29 Nicotine used to substitute tobacco smoking may furthermore reach higher peak doses than we find for smokers, and nicotine in substitutes is not heated as in tobacco. Furthermore, chewing nicotine gum may also increase exposure to mercury, for example, from amalgam dental fillings.30
A slight change in the RPR was observed after eliminating minor congenital malformations. The overall RPR dropped from 2.63 to 2.05, indicating that nicotine may be more strongly associated with minor congenital malformations that are difficult to diagnose.
These results would seem to indicate that there is a chance that inhaling heated nicotine via a PV will show no increase in birth defects. We won't know until someone actually collects the data.