"I would rather be exposed to the inconveniences attending too much liberty than those attending too small a degree of it." Thomas Jefferson
"FDA is aware of new product category entrants into the market after the February 15, 2007, reference date and that the SE pathway may not be available to these newer products. Because this date is written into the statute, we do not believe that we have the authority to amend it with respect to e-cigarettes or other products." (1)
"FDA is specifically seeking comment on whether and, if so, how FDA should consider a different regulatory mechanism for newer proposed deemed tobacco products that cannot, as a practical matter, use the SE pathway." (1)
“The core responsibility of FDA is to protect consumers by applying the best possible science to its regulatory activities.” (2)
"Advances in science and technology are moving forward rapidly and have created
unprecedented challenges and opportunities in U.S. and global health. FDA plays a
critical role in protecting and promoting the nation’s health and regulates industries
that are among the most successful and innovative in the world. Critical responsibilities
across the products FDA regulates require application of the best available science to
keep pace with these advances and make decisions and take actions that both support
innovation and protect and promote the public health." (2)
I realize the FDA is under pressure by groups that would rather the FDA act first based on bias, emotion, and the current political ideology of hatred instead of "the best available science".
The groups that would have you act first contend that e-cigarettes are dangerous since we do not have evidence of the contents of the emitted vapor. A study of the current body of evidence (3) by Igor Bursytn, PhD of Drexel University's School of Public Health which surveyed data from over 9,000 measurements showed that the contents were well within safe exposure thresholds and rarely exceded 1% of the safe exposure limits. These same chemicals are present in FDA approved patches (4)
The groups that would have you act first contend that e-cigarettes are a gateway to smoking. A survey (5) of 1300 college students found only 1 that transitioned from e-cigarettes to cigarettes.
The groups that would have you act first contend that e-cigarettes are flavored to attract youth. Dr. Howard Marsh the chief medical officer for GlaxoSmithKline Consumer Healthcare has given evidence to the FDA to the contrary as to why flavoring is important in nicotine replacement therapy. "The availability of other forms and various flavors of oral nicotine replacement therapy can lead to an increased interest in quitting, and therefore has significant public health benefits." (6) The FDA has subsequently approved flavored NRT's such as White Ice Mint, Cinnamon Surge, and Fruit Chill for use over the counter.
The FDA needs to act only after "applying the best possible science" in keeping with its own statement. E-cigarettes offer the best possibility for the most effective harm reduction to date in regards to tobacco related illness and death. Acting without the best possible science could cause irreparable harm and should be avoided.
In the event the FDA is pressured to act without the best possible science, FDA should ask Congress for a new reference date and suggest that the date should be based on the effective date of regulation since these products were not intended by Congress to be regulated by the reference date.
Thank you.
(1) Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; Regulations on the Sale and Distribution of Tobacco Products and Required Warning Statements for Tobacco Products FDA-2014-N-0189-20870.pdf
(2) Strategic Plan for Regulatory Science Advancing Regulatory Science at FDA: A Strategic Plan (August 2011)
http://www.fda.gov/downloads/ScienceResearch/SpecialTopics/RegulatoryScience/UCM268225.pdf
(3) Burstyn, I (2013), Peering through the mist: What does the chemistry of contaminants in electronic cigarettes tell us about health risks? Drexel University School of Public Health, Philadelphia, PA -
http://publichealth.drexel.edu/~/media/Files/publichealth/ms08.pdf
(4) Siegel, M (2009), Comparison of Carcinogen Levels Shows that Electronic Cigarettes are Much Safer Than Conventional Ones, The Rest of the Story -
http://tobaccoanalysis.blogspot.co.uk/2009/07/comparison.html
(5) Goodman, B. (2013) E-Cigarettes May Not be Gateway to Smoking: Study, Health -
E-Cigarettes May Not Be Gateway to Smoking: Study - Health News and Views - Health.com
(6) FDA ACTIONS RELATED TO NICOTINE REPLACEMENT THERAPIES AND SMOKING-CESSATION PRODUCTS REPORT TO CONGRESS ON INNOVATIVE PRODUCTS AND
TREATMENTS FOR TOBACCO DEPENDENCE Part 15 Public Hearing Monday, December 17, 2012
http://www.fda.gov/downloads/drugs/newsevents/ucm336652.pdf