The goal of the Family Smoking Prevention and Tobacco Control Act is to prevent nonsmokers, particularly children, from forming the habit of tobacco use. In implementation of this goal, the FDA must recognize those who are currently addicted to nicotine and take care not to ignore their rights and needs. The Tobacco Act does not permit the FDA to completely ban tobacco, so the "drug of choice" will always be readily available to the current smoker, thus smoking cessation will be as difficult as before the enactment of the Act. Most smokers wish to quit smoking but cannot do so. Nicotine is one of the most addictive recreational drugs known, and current methods of treating nicotine addiction do not show a history of long term success. Therefore, the FDA must make liberal use of the provision in the Tobacco Act concerning reduced harm, and the most promising reduced harm product is the electronic cigarette.
The FDA did a study earlier in the year using 18 cartridges from two electronic cigarette companies, Smoking Everywhere and Njoy. This study revealed that the liquid in the cartidges contained trace amounts of tobacco-specifc nitrosamines (TSNA's), known carcinogens found in tobacco. Based on this study the FDA reported that electronic cigarettes could not be deemed safe. However, the FDA report did not look at electronic cigarettes in the light of being a reduced harm product. The levels of TSNA's were at or below the levels found in the FDA approved Nicotrol inhaler, and the presences of TSNA's do indicate that electronic cigarettes are a tobacco product as the nicotine in the liquid is derived from tobacco, which is why TSNA's can be found in the liquid. Based on the FDA study, electronic cigarettes are safer than smoking tobacco cigarettes because, in addition to the much reduced levels of TSNA's, there is an absence of many of the other compounds found in cigarette smoke, such as tar, formaldehyde, heavy metals, and hundreds of other known carcinogens.
The FDA's report of polyethelyne glycol in one out of the 18 cartridges tested and the wide variation of nicotine levels in cartridges can be corrected by proper quality control methods. Currently, there is no accountability for the companies, mostly from China, who import the liquid and many will cut corners to save money by adding less nicotine than indicated and cutting the propylene glycol w/ polyethelyne glycol. There is no labeling of ingredients and no assurances of childproof packaging. A ban of the electronic cigarette will not eliminate the possible risks associated with their use as there is no way that all shipments can be stopped and a ban will just expose users to impure and improperly labeled products.
A ban on the electronic cigarette will, however, prevent current smokers who currently have not tried an electronic cigarette from being able to obtain a product which can replace their harmful smoking with something that is less harmful, even though it is not guaranteed harmless. The idea that smokers will take up use of electronic cigarettes as an alternative to quitting altogether is not valid. Most smokers cannot quit despite multiple attempts, and the current "quit or die" mentality will lead them to death. Another alternative, reduced harm products, should be available.
One concern about having the FDA control and regulate the electronic cigarette industry is the current availability of nicotine liquid in levels as high as 100mg/ml in which users dilute to a usable strength and fill their own cartridges. This level of nicotine is dangerous and the maximum strength needs to be regulated. However, as is done in current nicotine replacement products, overregulation can be detrimental to the success of the reduced harm policy. If the maximum strength of nicotine liquid is too low, then smokers will not find electronic cigarettes as an effective means of nicotine delivery and will switch back to the deadly tobacco cigarettes. Most users find that 24mg/ml is the maximum necessary to alleviate nicotine withdrawal symptoms, and anything greater than that would be to dangerous to use.
With the electronic cigarettes currently on the market, the use of refillable cartridges is necessary however. Many electronic cigarette companies market their cartridges as being equivalent to a carton of tobacco cigarettes. This would perhaps be true if the cartridge were efficient enough that nearly all of the liquid were usable. The cartridge, as currently desgined, however, is very inefficient and most of the liquid is never adsorbed by the atomizer. Thus a cartridge is more like only one or two cigarettes in practical usage. At a current pre-tax cost of about $3 a cartridge, using a cartridge and disposing of it is too cost prohibitive, preventing many from ever switching from tobacco cigarettes in the first place. By using a bottle of liquid to "top off" the cartridge when no more liquid can be adsorbed, the cost actually matches what the companies claim. This problem will need to be eliminated by proper design of the cartridge before do-it-yourself liquids can be eliminated.
In summary, the FDA must make use of the reduced harm provision of the Family Smoking Prevention and Tobacco Control Act by promoting reduced harm products, such as the electronic cigarette. The concept of reduced harm must be presented as an alternative to the "quit or die" mentality currently given smokers. The FDA must not ban the electronic cigarette, but use its regulating authority to ensure purity and quality control. The nicotine content in the liquid must be regulated to safe levels, but not overregulated to ineffective levels. Until cartridge design becomes acceptably efficient to be cost effective, nicotine liquid used for refilling of cartridges must remain available. Above all, electronic cigarettes must remain available as a ban would be detrimental for current users of electronic cigarettes and current smokers.