State AGs Asked to Ban
All E-Cigarette Sales
Success in OR Could Serve as
Model/Precedent
Attorneys general in 49 states are being petitioned to ban the further
sale of e-cigarettes until their safety can be determined by the Food
and Drug Administration [FDA]. They are being petitioned to
follow the lead of the Oregon Attorney General's office which has just
obtained such court orders, by Action on Smoking and Health (ASH), the
group whose legal petition, and scheduled appearance on NBC-TV Nightly
News, precipitated last week's FDA warning about some of the dangers of
e-cigarettes.
SEE: http://www.pr-inside.com/fda-to-regulate-e-cigarettes-as-toxins-r1403601.htm
AND http://ash.org/ecigpetition
The Oregon Department of Justice today filed two legal settlements that
prevent two national travel store chains from selling "electronic
cigarettes" in Oregon. The action is the first of its kind in the
country, and prevents Oregonians from buying potentially dangerous
products that the FDA has yet to review or approve.
SEE: http://www.doj.state.or.us/releases/2009/rel073009.shtml
ASH, which in the past successfully urged state attorney generals to
crack down on the illegal sale of cigarettes over the Internet, and to
take action against the use of cartoon characters in cigarette ads, is
providing the attorneys general with background information about the
known dangers of e-cigarettes, information about the successful legal
action in Oregon, and information about many of the potential dangers
of e-cigarettes not included in last week's FDA report. These
include:
1. Current smokers who would otherwise be persuaded to quit -- by
health warnings, restrictions on public and workplace smoking, etc. --
may instead switch to e-cigarettes; a move which may reduce their
overall health risks, but is a course of action still far more
dangerous than quitting.
2. Current smokers at elevated risk for cardiovascular problems may
switch to e-cigarettes, thinking that they are far safer. But
actually any decrease in health risk relates to cancer (since
e-cigarettes reportedly contain far fewer carcinogens), and not to
cardiovascular problems (as to which nicotine is the main culprit).
3. E-cigarettes may be less likely to reduce nicotine dependence than
other nicotine replacement products because the almost-instantaneous
absorption of nicotine through the lungs is more likely to provide the
nicotine "kick" or "high" addicted smokers crave than other methods
where the absorption is much more gradual.
4. Those in the vicinity of e-cigarette users -- including infants
breastfeeding and in arms, other young children, the elderly and others
at higher risk -- will be forced to inhale a mixture of nicotine (a
deadly poison) and propylene glycol; the health consequences of which
are not known.
5. E-cigarettes -- especially those sold with flavors -- may serve as
training wheels for youngsters still too young to smoke, but not too
young to become addicted to nicotine, and to becoming accustomed to the
gestures and mannerisms of smokers. Being able to imitate older
teens who smoke, while avoiding the smell of real smoking, may be
tempting to young children; a temptation apparently not present with
nicotine gum, patches, sprays, etc.
6. Regardless of the safety of any particular e-cigarette, the danger
of the FDA's failure to take decisive action is that it can open the
door to many other nicotine-delivery products which may be even more
dangerous, and as to which smokers will serve as guinea pigs. All
other nicotine delivery products are regulated by the FDA, and must
contain warnings. Some still require prescriptions.
ASH emphasizes that only scientific experiments and medical studies can
determine the magnitude and importance of these and other potential
risks, and that they must be evaluated by an impartial and competent
body like the FDA, not by Chinese manufacturers and American importers
who have an obvious bias.
"The role of the FDA is not just to warn people about new drug products
once they they are on the market, but rather to insure that they are
not marketed until their safety have been authoritatively and
impartially established, and then only with appropriate safeguards like
warnings and possibly even prescription requirements," suggests Prof.
Banzhaf, Executive Director of Action on Smoking and Health (ASH),
America's first antismoking organization.
Banzhaf notes that all other nicotine administration products --
including nicotine gum, nicotine patches, nicotine inhalers, and
nicotine sprays -- could only be sold after approval by the FDA.
All must bear appropriate health warnings, and some are available only
with a doctor's prescription.
"Favor," a cigarette-like product similar to e-cigarettes, which
likewise released nicotine but used a different method, was banned from
the market by the FDA after the agency received a legal complaint from
ASH. Nicotine lollipops have likewise been banned.
THE FOLLOWING LINKS PROVIDE ADDITIONAL BACKGROUND INFORMATION IF
DESIRED:
This information is presented as a public service by:
Action on Smoking and Health
(ASH)
2013 H Street NW / Washington, DC
20006 / (202) 659-4310
A national nonprofit, scientific and educational organization founded
in 1967.
All donations are fully tax deductible.
Material on this page may be freely reproduced,
distributed, and circulated
with attribution given to Action on Smoking and
Health.
