Doesn't the nicotine in the e-cigarette product come from tobbacco? Making it a tobbacco product? The supreme court already ruled against the FDA from trying to gain control over tobbacco products. This is how I would market the product. There is a urge to claim the product is safer or healthier but we can't make unstantuated claims or the FDA will step in. I suppose we can state the product doesn't burn the tobbacco and therefore doesn't have those health risks associated with that. And studies can be done that show that removing tobbacco leaves prevents users from getting oral cancer like chewing tobbacco. Lastly, this product allows consumers to reduce their nicotine intake down to zero, can other tobbacco products claim that? Eventually they can bring the ecigarette to market as a cease-smoking product after they do years of studies that the FDA would require before approving. The only thing that I may derail this product now is that the nicotine cartridges can be opened/spilled and same with eliquid- I'd like to see manufacturers make them so cant be opened and different way to refill them- hopefully not involving a pharmacy.
There is a quite interesting story behind this (Waxman and SE lawsuit). In the mid-90's, FDA and many good people began to realize that tobacco and chewing tobacco had been killing Americans at the rate of genocidal sociopath, not even Osama Bin Laden, surpassing Hitler. Tobacco and chewing tobacco companies were knowingly contributing to this mass-murder of Americans. Among many things, these companies were found to be manipulating the nicotine level in cigarette and chewing tobacco, in essence "spraying" nicotine over tobacco to make sure that people are addicted and make it difficult to quit.
So FDA said Hell No. If you add nicotine to tobacco, tobacco is a nicotine delivery device. The tobacco exception of FDA jurisdiction doesn't mean you can spray anything on top and get away with it (especially when you are killing children).
In 2000, the Supreme Court, however, saw a problem interpreting the legistrative intent. Because Congress passed several bills regulating tobacco, the Supreme Court interpret this as Congress didn't intend FDA to regulate tobacco. Not resounding victory 5-4, but certainly enough as a stay of execution for tobacco and chewing tobacco companies.
However since then, a lot of other information surfaced. For example, several reputable logitudinal studies confirmed and reconfirmed that tobacco companies are indeed increasing nicotine levels about 2% a year. In other words, in the past 10 years, the nicotine level in cigarettes has risen steadily every year to about 15-20%.
And there is this "light" and "ultralight" scam the tobacco companies did to boost their sales, which is I believe under litigation by FTC.
And also there is the CDC data and other surveys showing chewing tobacco is targeting underaged kids.
And there is the Internet Cig Sales facilitating underage smoking--tobacco companies were fighting tooth and nail on this.
So after all that, Waxman said enough is enough. We will make the legistrative intent crystal clear to FDA and the Court. FDA is in charge. Waxman passed House by super-majority, I believe.
It is expected to pass the Senate too. It remains to be seen. Personally, I doubt what Godshall, some of the people here misled by him, or those who really behind his cause would make any difference. There are literally millions of angry Americans on the side of fence. if you have any doubt about the political resolve of these people, just go and buy a pack of cigarette. Do you really think you will be paying $8-9 per pack, if pro-tobacco people have any chance to winning this battle?
I don't know about you. But when your product is killing well over 400,000 Americans a year, you manipulate nicotine levels, target children, and other crummy things to boost your sales? It just doesn't sit well with me.
SE lawsuit is an uphill battle. First, e-cigs do not have a single tobacco leaf. It is a stretch to apply the 2000 ruling, FDA v. Williamson. Let's say they win. Now what? A court of confident jurisdiction just declare that your product is tobacco product. Doesn't this mean all tobacco regulations now apply to SE? You need tobacco permit to sell SE? Pay tobacco tax? Fine and possibly jail terms for selling to minor?
Besides, if and WHEN waxman passes, their TRO becomes moot. FDA gets the regulatory power over e-cig anyway.