Here we go again! Another absolutely ridiculous and corrupt claim by our government. A “clarification” that was published in the Federal Register, the FDA indicated that e-cigarettes can’t be legally sold as a quit smoking method unless manufacturers go through the expensive process of getting them approved as a new pharmaceutical product. Furthermore, the FDA also states that these products can’t be sold as a “less hazardous” alternative compared to traditional tobacco unless manufacturers go through a different expensive process for getting them approved as “modified risk tobacco products.”

Under the FDA’s current regulations, vape shops and e-cigarette companies are absolutely forbidden to talk about the main benefits of their products compared to traditional tobacco products. This censorship of the truth is absolutely hurting the health of our country, as these products have proven to be beneficial to millions worldwide.

The FDA’s new rule is apparently supposed to help clarify when “a product is made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug, device, or a combination product.” The FDA also considers that if e-cigarettes are being sold as a quit-smoking method, they will be regulated with other products in that category, such as nicotine gum or patches. While the FDA doesn’t explicitly rule out reference to these products as a smoking cessation, they state that “the rule’s treatment of smoking cessation claims as generally be regulated as medical products.” This adds disclaimers of therapeutic intent that will not be sufficient to keep e-cigarettes out of that category, so most manufacturers want to steer clear of that subject.

Michael Siegel, a vaping advocate and Boston University public health professor, questions the FDA’s reasoning, and argues that smoking is a “health-related behavior” and not a disease. He further argues that “a claim that e-cigarettes are intended to help someone quit smoking is not necessarily a claim that the product is intended to treat a disease… The intention is to help alter a health related behavior.”
It seems that the FDA is saying that a product that helps people quit smoking is a drug because it prevents disease. If they want to stick with that logic, other products such as motivational calendars and exercise equipment can qualify as a drug, since they are aimed at achieving a healthier lifestyle. It is a ridiculous and asinine argument. The FDA goes on to state:

“FDA continues to believe that there is consumer confusion about the intended uses of marketed products made or derived from tobacco. Evidence that at least some consumers are confused about the intended uses of products can be found in the comments themselves. We received many comments from individuals who began using e-cigarettes because they believed that e-cigarettes would help them quit smoking. Moreover, as noted in two comments, studies have shown that many consumers are using e-cigarettes to attempt to quit smoking despite the fact that no e-cigarette has been approved for use as a smoking cessation aid. We believe that the rule will help to mitigate this confusion and help ensure that consumers do not mistakenly use tobacco products, which are inherently dangerous, for medical uses.”

The amount of ignorance in the FDA’s new rule is unbelievable. The FDA is actually stating that those smokers who are switching to vaping are making a mistake in believing that it can help them quit smoking. The clear hazards of vaping are few when compared to traditional tobacco, which has proven to have over 40 cancer causing agents. So, are the consumers actually confused, or could it be the FDA that is extremely confused? SVBS

References:

http://tobaccoanalysis.blogspot.co.il/2017/01/new-fda-rule-is-wrong-on-law-smoking.html

https://www.federalregister.gov/documents/2017/01/09/2016-31950/clarification-of-when-products-made-or-derived-from-tobacco-are-regulated-as-drugs-devices-or

Matthew O’Donnell is a Store Manager and Industry/Product Information Specialist at Lizard Juice. Born and raised in Clearwater, Matthew is a leading expert in the vaping industry and community. He has been an avid vape enthusiast for over 5 years and his knowledge is endless. Matt truly lives the healthy lifestyle that vaping brings to individuals. He was a college athlete and a personal trainer. Vaping changed Matthew’s life. His daily goal is to help change yours too! You can contact Matthew at [email protected] or visit his website at www.lizardjuice.com/blog or www.vapingwithmatt.com.