It is confusing, Smokin'Sandy. No question. There has been disagreement on this forum, and now in the courts, on exactly where the electronic cigarette fits in the marketplace.
If it's a drug product, the FDA already claims authority over it. If it's a tobacco product, then the FDA will have authority once the new bill now in the Senate is signed into law.
Either way, we e-smokers are in for a bumpy ride.
As a "new drug", the liquid and device will need required safety and efficacy studies. But some makers, notably Ruyan, have been at work on those needed studies. Ruyan has almost said (but hasn't) that it will attempt to get the e-cig certified as a Nicotine Replacement Therapy product.
That's an interesting route, and it might mean that only three months of study is needed, rather than years. Ninety days is the normal time prescribed for NRT products. Are they used that way? No. We all know people who have chewed nicotine gum for years. A former boss of mine has sucked nicotine lozenges for about five years now. But smoking cessation products are meant for three months of use before quitting cigarettes completely.
If we e-cig users quit cigarettes, but continue using our NRT product, well, so what? Same thing happens with other NRTs.
Now, if we're a tobacco product, the prospect of market success diminishes, in my opinion. We will be a "new product" and face an FDA subcommittee of scientists who must approve each new product. The word from Senators is that new products have no chance of approval. E-cigs will be rejected.
Course, if Philip Morris wants approval of its Aria nicotine inhaler ... that's another story. If Big Pharma comes up with medicinal nicotine liquid and a delivery system that vaporizes that liquid .. that's another story. If Altria buys Janty, nJoy, Crown7 and Smoking Everywhere .. that's another story.
Adding to the confusion is the fact that we have no idea what is being done behind Washington's closed doors. But you can bet that plenty is. Lobbying must be 24/7. There is too much money at stake here not to go all out, if you're Big Pharma or Big Tobacco. This is a sizable chunk of future revenues hanging on actions now.
A ban today is a profit tomorrow.