In the US... FDA regulations prohibit making any sort of health claims in advertising unless it's an approved medical device or drug.
Back in 2009... because of health claims for quitting smoking and other health advantages being claimed by mostly Chinese manufacturers the FDA was able to shut down imports of e-cigarettes as unauthorized medical devices and authorized US Customs to seize all incoming product. This briefly shutdown and crippled the industry but 2 manufacturers sued and won in federal court.
The downside to that is the Appellate Court ruling is the federal judge allowed e-cigarettes to be classified as tobacco products. This opened the door for the FDA to include them in the recently proposed deeming regulations under the Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA).
The public and industry comment period recently closed and we're now waiting to see what the FDA's final version of the deeming regulations end up being. If the regulations are enacted as proposed it would eliminate the entire industry in the US with exception of the crappy cig-a-likes made by the big tobacco companies. Any products not on the market before 2007 would be prohibited and subject to FDA approval. Only Big Tobacco can afford the millions in fees and studies required to gain approval...
Back in 2009... because of health claims for quitting smoking and other health advantages being claimed by mostly Chinese manufacturers the FDA was able to shut down imports of e-cigarettes as unauthorized medical devices and authorized US Customs to seize all incoming product. This briefly shutdown and crippled the industry but 2 manufacturers sued and won in federal court.
The downside to that is the Appellate Court ruling is the federal judge allowed e-cigarettes to be classified as tobacco products. This opened the door for the FDA to include them in the recently proposed deeming regulations under the Family Smoking Prevention and Tobacco Control Act of 2009 (FSPTCA).
The public and industry comment period recently closed and we're now waiting to see what the FDA's final version of the deeming regulations end up being. If the regulations are enacted as proposed it would eliminate the entire industry in the US with exception of the crappy cig-a-likes made by the big tobacco companies. Any products not on the market before 2007 would be prohibited and subject to FDA approval. Only Big Tobacco can afford the millions in fees and studies required to gain approval...
Comment