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There has always been a slightly uncertain relationship between businesses selling e cigarettes and the food and drug administration. There have been attempts to regulate these items since their introduction a couple of years ago but the problems of jurisdiction and classification have been unclear until of late.

The normal impression that was created by its marketing was that electronic cigarettes were completely harmless and that smoking would now be risk free. A few even claimed that they might be employed to aid for those who wanted to give up smoking but the FDA didn't uphold these claims or endorse their used as safe nicotine alternatives.

In 2009 a public warning was issued after testing 19 different e cigarette cartridges from two different brands and considering the viewpoints of interest groups. The tests disclosed that smoke from e cigarettes contained a carcinogen and irritants located in tobacco completely harmless and one or more of the cartridges even contained the anti-freeze ethylene glycol. The viewpoint from certain groups was that the benign marketing and fruit flavor would attract children.

Manufacturing standards where also questioned because cartridges emitted inconsistent levels of nicotine despite the fact that they where marked as having different strengths and those that where marked as being nicotine free actually contained nicotine.

In 2010 warnings where also issued to five different suppliers that they would become dependent on regulation. They might be regulated by the FDA right at that moment as they advertised their products as aids for stopping smoking that is a medical claim. One company was also warned about advertising their products as versions Cialis that is used for erectile dysfunction and the weight reduction aid Rimonabant.

Originally the food and drug administration did not have jurisdiction over tobacco products and they regarded e cigarettes as drug delivery devices which where not regulated. Under this classification they prevented the import of products from several manufacturers. One of these companies fought these restrictions in court as they did not think that it was justified to consider the items as drug or delivery device if no therapeutic claims where made.

The courts agreed with them and the restrictions where lifted but by that time the new Tobacco Control Act had been enacted which amended the Federal Food, Drug and Cosmetic Act (FDCA). The food and drug administration now had jurisdiction over tobacco products and all products derived from tobacco and allowed them to control certain aspects that they had expressed concerns about such as the listing of products and ingredients and the standard of manufacturing. Marketing would also be subject to control, as an example electronic cigarettes couldn't be in a position to be advertised alongside any other products which where subject to regulation like make up or drugs.

Before products could be released onto the market they would also be dependent on pre market review unless they had previously been sold before February 2007 and where considered "grandfathered." Product that where advertised as having therapeutic benefit would still be subject to regulation as drug delivery devices and it is still being thought of as to what regulation therapeutic claims ought to be subject to. Now that issues concerning e cigarettes and the FDA are finally on a firm footing it can simply be good for the consumer.