How do you think this looks to lawmakers? Imagine someone's actually on the edge; they really don't think anyone should be making claims of therapeutic value which have not been properly tested, but they think there's no reason to treat nicotine any differently from other natural supplements. Some vapers write and call and e-mail and helpfully explain that reputable companies are careful not to market e-cigs as therapeutic, they're just a modern alternative to cigarettes. Of course as with every industry, there will always be some fringe manufacturers around who make wild claims and refuse to follow regulations, but that shouldn't reflect badly on the majority. The lawmaker thinks, oh, you know, that makes sense.
Then they run across CASAA, the biggest group representing vapers, making claims e-cigarettes are therapeutic.
This is a great way to try to win the public, not Washington.
What you refer to as an "ad" is a public service announcement, directed at the public. So, it's whole purpose is to "win the public."
One of the main reasons CASAA formed was to say what manufacturers were forbidden to say per the law - that e-cigarettes help people quit smoking. But we contend that "quit smoking" is not even a therapeutic claim.
The objection to manufacturers making therapeutic claims (ie. a treatment or cure for a disease) is that the claims haven't been evaluated by the FDA and making therapeutic claims pushes the manufacturer under the umbrella of "unapproved drug." This is a restriction placed only on manufacturers, not on advocactes for tobacco harm reduction. There is no law forbidding consumer groups from truthfully telling the public that e-cigarettes are helping millions of people quit smoking.
It's CASAA's position that a product that allows a person to stop smoking by offering a substitute is not a product that is therapeutic in nature. Smoking is not a disease that can be treated or cured. Smoking is an
activity that often leads to addiction (which seems to be considered a disease only in some instances) and decades of smoke exposure is what leads to the increased risk of disease. However, the act of smoking is not a disease, it's a behavior.
Drug companies that sell FDA-approved smoking cessation drugs (gums, patches) are really selling treatment for nicotine addiction, by offering a way to wean off of nicotine. Nicotine addiction is considered a "disease" in this context but, ironically, is not considered a "disease" when it comes to determining disability or discrimination. E-cigarette manufacturers should be allowed to state that e-cigs help you "quit smoking," because they are offering a nicotine alternative to smoking conventional cigarettes (not a disease), not a treatment for nicotine addiction (a disease.)
E-cigarette companies stating the devices can help you quit smoking are no more making "therapeutic claims" because smoking can cause diseases than a company selling diet food is making therapeutic claims because it helps reduce obesity and obesity causes disease (ie. diet foods help people "quit eating fatty/high calorie food" and eating fatty/high calorie food is not a disease anymore than inhaling cigarette smoke is a disease. They are
activities that increase the risk of disease.)
The fact is, smokers who switch completely to vaping and no longer smoke conventional cigarettes HAVE quit smoking and reduced their health risks. By significantly reducing the health risks, it saves millions of lives. In no way is that a "therapeutic" claim that e-cigarettes are treating or curing any disease. E-cigarettes address the
act of smoking. They change a behavior. They do not address an actual addiction to nicotine nor the diseases related to smoking.
This is an important distinction that we have to get to the public and to our lawmakers.