FDA claims authority to regulate nicotine-free e-cig products

From: Winston-Salem Journal

By Richard Craver Winston-Salem Journal

The Food and Drug Administration’s response to a legal challenge on its electronic cigarette regulations is that all such products “present significant risks to the public health,” even when nicotine-free liquids are consumed.

Nicopure Labs LLC of Tampa, Fla., became on May 10 the first liquid nicotine manufacturer to file a federal lawsuit against the FDA for the controversial smokeless tobacco rules that went into effect Aug. 8.

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FDA E-Cigarette Regulations Give Smoking a Boost

From: Reason.com

The new rules will discourage smokers from switching to vaping, a much less dangerous alternative.

FDA’s Deeming Rule Goes Into Effect

From: Convenience Store News

Industry still objects to 2007 grandfather date.

SILVER SPRING, Md. — The 90-day countdown has ticked down and the Food and Drug Administration’s (FDA) deeming rule and its regulations for electronic cigarettes and cigars are now effective.

The agency released the final deeming rule on May 5 and published it in the Federal Register on May 10, starting the countdown. The rule also extends the FDA’s regulatory authority to hookah tobacco and pipe tobacco, as CSNews Online previously reported.

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New FDA tobacco regulations stir help, harm debate

By Richard Craver

The Food and Drug Administration is forging ahead with implementing a controversial set of new regulations on tobacco and nicotine products.

The rules, made official May 5, are set to go into effect Aug. 8 for electronic cigarettes, vaporizers, cigars, hookahs (water pipes), pipe tobacco, nicotine gels and certain dissolvables. The agency’s intent is clarifying the products’ potential for causing or reducing public harm.

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The FDA’s Incomprehensible Answer To A Crucial Question About Its E-Cigarette Regulations

From: Forbes

Jacob Sullum

The Food and Drug Administration’s legal rationale for regulating e-cigarettes as “tobacco products,” even though they do not contain tobacco, is that they deliver nicotine derived from tobacco. But e-cigarettes do not always do that. There are many varieties of nicotine-free e-liquids, sold in disposable e-cigarettes, replaceable cartridges and bottles for refilling vaporizer tanks. Do those liquids and the systems in which they are used also qualify as tobacco products?

FDA Extends Authority to e-Cigarettes: Implications for Smoking Cessation?

From: JAMA

Jennifer Abbasi

On August 8, a final rule from the US Food and Drug Administration (FDA) goes into effect that tobacco control experts say could dramatically change the status of e-cigarettes in this country. The rule extends the agency’s regulatory authority to all tobacco products, including e-cigarettes, and requires manufacturers to report product ingredients and undergo the agency’s premarket review to receive marketing authorization.


Yet some experts have expressed misgivings about unintended consequences of tight regulations that could potentially block cigarette smoking cessation efforts by adult e-cigarette users.

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Lawsuits mount against FDA regs on e-cigarettes

From: The Hill

By Lydia Wheeler

Legal challenges are mounting against the Food and Drug Administration’s move to regulate cigars and e-cigarettes, which for the first time would be treated just like traditional tobacco products under new rules.

As many as five lawsuits have been filed against the agency over the rules finalized in May, which require any product that hit store shelves after February 2007 to go through a costly approval process.

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5 Myths About FDA’s Regulation of Vapor Products

From: The Daily Signal

Elaine Keller

On May 5, the U.S. Food and Drug Administration finalized a rule known as the Deeming Regulation, extending its authority under the Family Smoking Prevention and Tobacco Control Act, or Tobacco Act, to all tobacco products, including electronic cigarettes (e-cigarettes), also known as vapor products.


It sounds good, but when all the facts are known, some enduring myths about the new regulations emerge from the mist. Do the new regulations actually accomplish the following?

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E-cig study in EU finds little use by non-smokers

From: Winston-Salem Journal

By Richard Craver

A study on the use of electronic cigarettes and vaporizers in the European Union determined that nonsmokers rarely use them and that 67 percent of smokers who do use them either quit or smoked fewer traditional cigarettes.

The study, with researcher Dr. Konstantinos Farsalinos of the University of Patras in Greece serving as principal investigator, involved 27,460 EU residents at least 16 years of age. It included representatives from all 28 member states.

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E-Cig Associations Suing FDA Over Deeming Rule

From: Convenience Store News

WASHINGTON, D.C. — The Right to Be Smoke-Free Coalition, American E-Liquid Manufacturing Standards Association, American Vaping Association and the Electronic Vaping Coalition of America are among several trade associations and state associations to file a lawsuit June 20 against the Food and Drug Administration (FDA) regarding its recently released final deeming rule.

The deeming rule extends the FDA’s authority to all tobacco products, allowing it to now regulate electronic cigarettes, cigars, hookah tobacco, pipe tobacco and more, in addition to cigarettes and smokeless tobacco, which have fallen under its authority since Congress passed the Family Smoking Prevention and Tobacco Control Act of 2009.