jamie, hi
just to recap what you asked
Can you please help me understand the implications of regulating them as tobacco products? I'm concerned that this might include:
a) reduction of nicotine to ineffective levels
b) ecigs pulled into tobacco smoking bans
c) ecigs pulled into tobacco taxation
d) ecigs pulled into other tobacco-related policies such as employment
I'm not entirely comfortable promoting this with these outstanding concerns.
b, c & d are very legitimate concerns. Bill has a strong anti-smoking agenda and is very much pro-smokeless tobacco. If the e-cig gets dragged into being categorized alongside tobacco then it would be enable a split between 'less harmful' and 'harmful' tobacco products, which would be to the detriment of the e-cig because of the concerns you raise. Also, the anti-smoking groups have said there is no safe cigarette, which would by extension mean there is no save e-cigarette, just because the words sound the same and they would atttempt to have it banned, regardless of how misguided that was. This would also suggests they has other motives rather than Public Health.
I have left question a to one side for the moment as it complicates the issue, though in fulness of time that question will be answered. Without the complication of nicotine, what seems to be going on?
I have read a number of things here and elsewhere. It seems to boil down to a question of definitions. The FDA seem to want to classify the device as whole. Is this legitimate? It may take a court case to figure it out. Is a car classified as a petroleum product just because it uses petrol? Personaly I do not think so.
The name e-cig doesn't help as it instantly associates it with cigs. So what is this device and what is intended for? Well, it is (IMHO) clearly a Personal Vaporizer (PV). Its intended purpose is to vapourize a liquid to enable it to be inhaled by an individual.
For some that enables them to use it as an e-cig, by using a nicotine mixture, it can be used as an alternative to ordinary (analog if you like) cigarettes. The FDA seem to want to ascribe this as its primary purpose. Yet there are vaporizers on the market designed for herbal mixtures that are not intnended to be e-cigs. So one of the uses of a PV is as an e-cig. Yet this raises an interesting question. Can the PV be called an e-cig when Vaping a zero nic mix? I think not.
If I gave you a PV without nic you would not 'smoke' it you would vape it, wouldn't you? There is no combustion and so the only similarity is that inhalation takes place. Is coffee the same as tea just because you drink it? Note the UK government has banned any lit substance (tobacco, herbs etc) that is capable of being smoked. So clearly HMG make a distinction between burning (combustion) and vaporizing.
So I believe it should be categorized separately. The only point where analogs and PVs meet is in the use of nicotine, puting aside the similarity in the bodily actions whcih AFIK harm nobody. Nicotine is well regulated already and to partially answer question a), if a PV does use nicotine then some regulation, qulaity control mainly, would probably be a good thing for the nicotine mix the PV uses.
As you can see I split apart the 'device' and the use of nicotine. Many people do not do this (many here do) and so see it purly in terms of a cigarette. As a result they have many misconceptions. This is understandable.
Because of this confusion, the PV is possibly seen as harmful to others. Many bans were passed due to people's concerns over the health impacts of SHS/ETS. The message has been so effective that anything resembling smoking triggers a sort of smoking psychosis, that hand waiving, fake coughing syndrome. A classic was recently recounted on another thread here where someone vaped and a women faked a cough and suffered an olfactory hallucination (smelling non-existant smoke) .
Another confusing aspect when tieing into tobacco, is the smoking cessation, NRT aspect. This gets into problems associated with medical safety and efficacy. Reading here a PV using nic does seem to help people either give up or cut down. This could be considered a side effect rather than its main purpose, thus avoiding the minefield of medical regulation.
So far in the UK only trading standards (again AFIK) have questioned PVs and mainly on the issue of labeling and packaging not the atomzier/battery. It seems (unless there is a change) that once properly labeled nicotine cartridges and liquids of suitable potency can be sold. So once again we see the UK making a distinction between the PV and the nicotine mixes it may use.
It was suggested here that the PV should stand on its own merits and this sentiment was decryed somewhat. The basic idea being that vaping is 'a healthier alternative'. Yet even this ties the PV to tobacco. It may be a healthier alternative, just as drinking low alcohol beer may be a healthier alternative to drinking methylated spirit. Yet LA beer is not presented in that way is it?
So to summarize, there is a case to be made for the PV to be put into it's own category, including them within tobacco regulation would (again IMHO) not be appropriate.
I hope I have answered your questions. Just my 2ps worth (more like 10p west - I know, I waffle on a bit - well just a tad!)
be well