Why Electronic Cigarettes cannot be regulated?
The Food and Drug Administration overstepped its right to control and regulate electronic cigarettes.
The U.S. District Court Judge, Richard Leon, supported the sides with two electronic cigarette providers, Smoking Everywhere and NJOY, in their lawsuit against the Food and Drug Administration.
The companies pleaded the government after regulators began stopping selling of electronic cigarettes last year. The FDA explained that it discovered cancer-causing components in these electronic products, in spite of manufacturers’ declaration that their products are safer than tobacco cigarettes.
Manufacturers explained that electronic cigarettes use a battery-operated vaporizer to generate a nicotine mist. They have presented their products as a healthier alternative to smoking because there is no burning needed. These electronic products were designed for use by those that are trying to quit smoking.
Manufacturers added that the electronic cigarettes can be used anywhere, even in places that cigarettes are prohibited. The FDA declared that the electronic cigarettes are in fact a mixture drug-device, and so subjects to complete safety measures than cigarettes. But Government and Richard Leon refused the FDA findings, agreeing with manufactures that electronic cigarettes are the functional equivalent of traditional cigarettes.
“This case appears to be yet another example of FDA’s aggressive attempts to control recreational tobacco products as drugs or devices. Unfortunately, its strong drive to maximize its regulatory power has arose in its support of an explanation of the distinctive law that I find, at first blush, to be irrational,” reported Leon.
Recently the FDA was empowered to regulate tobacco-based cigarettes, but since electronic cigarettes don’t contain tobacco they don’t fall under that order.
Only the Campaign for Tobacco Free Kids sustained the FDA findings and declared that it is also against the sale and distribution of non-tobacco products which can attract kids in using them.