Response from Claire McCaskill

[stl1969]

Hey guys:

I wrote Claire McCaskill last month inquiring about e-cigs. I thought you might like to see her reply:


Thank you for contacting me regarding the regulation of electronic cigarettes. I appreciate hearing from you and welcome the opportunity to respond.
As you may know, the Family Smoking Prevention and tobacco Control Act of 2009 (TCA, Public Law 111-31) gave the Food and Drug Administration (FDA) the authority to regulate tobacco products. Under the TCA, tobacco products are subject to a number of controls, including registration, product and ingredient listing, good manufacturing practice requirements, and adulteration and misbranding provisions, among others. The TCA immediately placed cigarettes, roll-your-own tobacco, and smokeless tobacco under these requirements. The law also allows the FDA to extend these controls to other categories of tobacco products in future rulemaking.

While the FDA originally regulated electronic cigarettes as drug/device combination products, in 2010 the U.S. Court of Appeals for the D.C. Circuit ruled that, unless they were marketed for therapeutic purposes, the FDA could only regulate electronic cigarettes as tobacco products. In the FDA's most recent regulatory agenda, it announced that in April, 2013, it would be issuing proposed regulations regarding tobacco products subject to regulation under the TCA. While it is possible that the FDA may address the regulation of electronic cigarettes at that time, you may be interested to know that the TCA explicitly prohibits the FDA from banning certain tobacco products or requiring the elimination of nicotine in tobacco products.
Please know that I will keep your views in mind should legislation regarding electronic cigarettes come before the full Senate for a vote.

Again, thank you for contacting me. Please do not hesitate to contact me in the future if I can be of further assistance to you on this or any other issue.
Sincerely,


Claire McCaskill
United States Senator

 

[Rocketpunk]

For a second there, I thought this was a "Dear Abby" thing.

Impressed you took the time to write your Senator, and even more impressed she took the time to write back!

 

[Boiler]

... you may be interested to know that the TCA explicitly prohibits the FDA from banning certain tobacco products or requiring the elimination of nicotine in tobacco products.

Good on you! This is some hopeful info, but I wouldn't be surprised if the FDA makes the approval process all but impossible - as they have done to keep new cigarette brands off the shelves.

 

[J138]

Awesome!!!!! Thanks for sharing

 

[Baditude]

For a second there, I thought this was a "Dear Abby" thing.

Impressed you took the time to write your Senator, and even more impressed she took the time to write back!

I impressed that she seemed to know quite a bit about e-cigarettes and the pending FDA ruling.

 

[sbdivemaster]

Thanks for posting Baditude.

the TCA explicitly prohibits the FDA from banning certain tobacco products or requiring the elimination of nicotine in tobacco products.

Still doesn't stop them from regulating juice to 0.5mg/ml (as an example)...

 

[DJ RyckRak]

"While it is possible that the FDA may address the regulation of electronic cigarettes at that time, you may be interested to know that the TCA explicitly prohibits the FDA from banning certain tobacco products or requiring the elimination of nicotine in tobacco products."

Thank you for sharing this info.

So, they may regulate...and the second part doesn't mean anything, except that can't eliminate nicotine in tobacco...
which I don't believe that are able to do anyways. I have never heard of nicotine-free tobacco.
As for 'banning certain tobacco products'...what 'tobacco' products ???

 

[aikanae1]

the FDA may address the regulation of electronic cigarettes at that time, you may be interested to know that the TCA explicitly prohibits the FDA from banning certain tobacco products or requiring the elimination of nicotine in tobacco products.

A stiff (impossible) regulatory process isn't a "ban" but it can amount to the same. I also didn't read what her position was.

Kudo's that she seemed aware of what you were talking about, and even more, to you for writing her.

 

[FACE MEAT]

Thanks for posting that, stl1969.

However, I'm still unsure what electronic cigarettes have to do with "tobacco products".

 

[rockymtnrobin]

Wow someone who's informed, and not a form letter!

 

[Bullette the Cowdog]

Thanks for posting that, stl1969.

However, I'm still unsure what electronic cigarettes have to do with "tobacco products".

As I recall, the recent court case determined that the FDA cannot regulate ecigs as a medical device, because the court deemed them a "tobacco product". So now they are considered a tobacco product because a court said so.

Any attorneys out there can feel free to correct me if needed.

 

[dnutz]

"Under the TCA, tobacco products are subject to a number of controls, including registration, product and ingredient listing, good manufacturing practice requirements, and adulteration and misbranding provisions, among others."

This didn't make sense. I haven't seen a complete listing of ingredients contained in cigarettes. If
they did, a pack would weigh about ten pounds, lol.

On that note, I do agree there has to be regulation of nic liquid and products to make sure suppliers and vendors are not putting unnecessary junk in what we vape. Even though I would love to trust vendors, human nature has proven time and again that this is not the case.

 

[SilentEcho13]

As I recall, the recent court case determined that the FDA cannot regulate ecigs as a medical device, because the court deemed them a "tobacco product". So now they are considered a tobacco product because a court said so.

Any attorneys out there can feel free to correct me if needed.

It won't hold in the future.

The term "tobacco product" means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product. This includes, among other products, cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco.
-FDA

Technically, a motion could be made to determine how electronic cigarettes and their components are derived from tobacco. As far as I can tell, the only thing that can be regulated is the nicotine itself. I do believe that there are other nicotine extraction methods out there (without using tobacco, from other things), as well as some sort of synthetic nicotine.

If nicotine manufacturers indicated a source other than tobacco, it couldn't be regulated as a tobacco product anymore. Can't be regulated as a drug either unless the substance has been graded by the FDA.

Then of course, an alternative substance would be introduced, the FDA would grade and classify it, and then they'll try and regulate and/or ban it. Great country eh?

 

[Bullette the Cowdog]

Thanks Silent Echo.

So we wait........

 

[2nd chance]

Thank-you very much for sharing that with us, its good to see the responses!