NY lawmakers advance bill to ban 'e-cigarettes' until FDA rules; NY could be first to bar them - chicagotribune.com
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"E-cigarettes are for some people a tool for enabling them to continue their nicotine addictions when they are someplace where they can't smoke," said Assembly Health Committee Chairman Richard Gottfried, whose panel passed the bill Tuesday. "I don't think that's good for public health."
The Manhattan Democrat said the manufacturers should prove to the federal Food and Drug Administration that e-cigarettes are an effective smoking cessationhttp://www.chicagotribune.com/topic/health/health-treatments/quitting-smoking-HETHT00000019.topic aid in order to sell them to adults.
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Well, yeah, except a federal judge JUST ruled that this is outside of their jurisdiction:
http://www.electroniccigarettesale....news-fda-does-not-have-authority-over-e-cigs/
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U.S. District Judge Richard J. Leon ruled earlier today (14 January 2010) that the FDA does not have authority to seize shipments of e-cigs because they do not qualify as devices that come under the agencies jurisdiction.
The specific case consisted of electronic cigarette manufacturers, njoy and Smoking Everywhere, Inc. bringing the FDA under suit for seizure of their shipments in the late summer/early fall of 2008. Judge Leon found that the FDAs interpretation of the law giving them authority to seize shipments of electronic cigarettes was unreasonable and unacceptable. The agency had previously made the case that they seized the shipments under their authority to regulate drugs and non-related medical devices.
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I loved this quote from the first article:
"So I did some research," said Assemblywoman Linda Rosenthal, a Manhattan Democrat and 20-year smoker who quit more than a dozen years ago. "I found what is in the e-cigarettes is a mystery."
Sigh.
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"E-cigarettes are for some people a tool for enabling them to continue their nicotine addictions when they are someplace where they can't smoke," said Assembly Health Committee Chairman Richard Gottfried, whose panel passed the bill Tuesday. "I don't think that's good for public health."
The Manhattan Democrat said the manufacturers should prove to the federal Food and Drug Administration that e-cigarettes are an effective smoking cessationhttp://www.chicagotribune.com/topic/health/health-treatments/quitting-smoking-HETHT00000019.topic aid in order to sell them to adults.
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Well, yeah, except a federal judge JUST ruled that this is outside of their jurisdiction:
http://www.electroniccigarettesale....news-fda-does-not-have-authority-over-e-cigs/
--------------
U.S. District Judge Richard J. Leon ruled earlier today (14 January 2010) that the FDA does not have authority to seize shipments of e-cigs because they do not qualify as devices that come under the agencies jurisdiction.
The specific case consisted of electronic cigarette manufacturers, njoy and Smoking Everywhere, Inc. bringing the FDA under suit for seizure of their shipments in the late summer/early fall of 2008. Judge Leon found that the FDAs interpretation of the law giving them authority to seize shipments of electronic cigarettes was unreasonable and unacceptable. The agency had previously made the case that they seized the shipments under their authority to regulate drugs and non-related medical devices.
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I loved this quote from the first article:
"So I did some research," said Assemblywoman Linda Rosenthal, a Manhattan Democrat and 20-year smoker who quit more than a dozen years ago. "I found what is in the e-cigarettes is a mystery."
Sigh.