Ready, Fire, Aim – The FDA’s Questionable Actions In Banning Electronic Cigarette Imports
In a manner that suggested the government agency was bowing to pressure exerted by big tobacco, in 2008 the FDA began issuing statements regarding potential safety problems posed by electronic cigarettes.
We have known for over 40 years that smoking tobacco is a serious health danger. It was then that warnings were added to cigarette packs yet the U.S. now has one of the weakest warnings used globally. After forty years of proof of the dangers in tobacco, the FDA moved in 2009 to regulate the tobacco industry. You may be surprised to learn big tobacco conglomerates welcomed this new regulating effort. Of course they did. The regulations are likely to be based around their current practices and a result would be to make it far more difficult for a competitor to enter the marketplace.
After various expressions of concern, the FDA banned importation of e-cigarette supplies from China. The ban was imposed in 2009 affecting the world’s biggest exporter of e-cig supplies. When announcing the ban, the FDA claimed concern that underage users would be tempted by flavored e-liquids and become addicted to nicotine. No proof or studies were offered as evidence for this concern.
The ban ended up in federal court on January 15, 2010 where a federal judge ruled the FDA could not ban the importation of electronic cigarettes. The judge strongly criticized the federal agency for aggressive tactics that seemed aimed at designating a particular recreational product as a drug or device in an attempt to make the product unavailable to the public.
Pointing to the newly established tobacco division created within the FDA to regulate tobacco, the judge stated that the same regulations could be applied to electronic cigarettes and supplies.
The FDA quickly released a statement opposing the court’s view and expressing concerns over health issues that might be posed by e-cigarettes. Critics have pointed out the tendency of the FDA to change focus from dangers of youthful smoking to general health concerns when it suits the agency. If the FDA appeals the court decision it will have full backing of tobacco manufacturers who would love nothing more than to see new competition banned.
Allowing the FDA to set standards and restrictions on e-cigs that are not a requirement for tobacco would create an unfair market. There would be a significant increase in the cost of e-cigarettes which would benefit tobacco producers who can’t compete with the low cost of electronic alternatives.
The ban and resultant court action pointed to a need to examine the relationship existing between the FDA, big tobacco and big pharma. With billions of dollars added to the bottom lines of state and federal governments through taxes on tobacco, it is important that the FDA fulfill its mission of protecting public health. It is interesting to conjecture what the FDA position would have been had tobacco companies introduced and marketed electronic cigarettes in the first place.
The unusual steps taken by the FDA have created their own controversy about the focus of this government agency. The FDA has never proposed banning tobacco products to protect the health of the public. Traditionally, the FDA issues statements and warnings and takes action only after conducting full scientific testing. In the case of the FDA vs electronic cigarette manufacturers, the FDA has ignored testing to develop standards and instead has focused on finding reasons to ban a product that is arguably safer than the product it may eventually replace.
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