Electronic cigarette industry calls for clarity

By Morgan Daniels

Published: Oct. 8, 2009 at 1:59 PM

A trade association says advertisements claiming that so-called electronic cigarettes can help people stop smoking are causing harmful confusion for the public and the industry.

"I think they have caused a lot of problems for the rest of the industry," said Matt Salmon, president of the Electronic Cigarette Association. "There are a lot of other responsible vendors out there who don’t want to confuse people."

Electronic cigarettes, or e-cigarettes, are battery-powered devices filled with liquid nicotine and other chemicals. The devices turn the liquid into vapor that the user inhales in a way that mimics cigarette smoking. Proponents say e-cigarettes don’t produce the harmful toxins found in tobacco products and don’t expose others to second-hand smoke.

E-cigarette company Smoking Everywhere, which is not an ECA member, has advertised its product as a smoking cessation device or smoking replacement but the product hasn't been approved by the Food and Drug Administration.

"Our intent is for the electronic cigarette companies to submit data to show that they are safe and acceptable to use -- whether as a smoking cessation device or replacement," said Siobhan DeLancey, a press officer for the FDA’s Center for Tobacco Products.

ECA members make no claims as being a cigarette cessation device or replacement. In order to become a member of the ECA, companies have to abide by specific marketing requirements -- products cannot be marketed as healthier alternatives to tobacco, they cannot advertise e-cigarettes as smoking cessation devices or make any health claims whatsoever.

The FDA also has said it favors regulating e-cigarettes like any other nicotine delivery device, including the enforcement of age restrictions. The ECA agrees, requiring its members to check customer IDs.

"We employ the same age restriction in our industry as with smoking and that's on a state-by-state basis," Salmon said. "That is the second greatest requirement in our association."

ECA rules require members to have proper safeguards to protect minors and some voluntarily attach warnings to their products. They must also certify in writing that they will not sell to minors.

"If ECA ever finds out that its members are selling to minors, then they will be booted out of the association," Salmon said, "We are serious about this. We don’t want companies out there that allow e-cigs to be placed in the hands of kids."

The ECA has also been in contact with congressional efforts to legislate a ban on e-cigarette sales to under-age buyers.

Earlier this year, Smoking Everywhere and NJoy, another e-cigarette company that is an ECA member, filed suit because the FDA blocked shipments of their products. The companies said FDA had no jurisdiction in such matters. But since then, the Family Smoking Prevention and Tobacco Control Act gave the FDA power to regulate e-cigarettes whether they are considered drug-delivery devices or tobacco products.

Smoking Everywhere subsequently applied for status as a tobacco company to come under the same regulations covering traditional combustible cigarettes. The ECA said it doesn’t necessarily want the e-cigarette to be considered a tobacco product but just wants some form of sensible regulation.

Smoking Everywhere did not respond to several e-mail messages and phone calls for comment.

"Right now the industry is in purgatory," Salmon said. "We’re neither in heaven or hell. One way or the other, it could be harmful or hurtful to some in the industry but it would be a good thing to know where we stand so that we could get on with our business."

The FDA said it is not allowed to comment on whether the e-cigarette has been submitted for their approval. Salmon said he was unaware of any company that has submitted the e-cigarette for approval by the FDA but he said the idea shouldn’t be ruled out.

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