In 2008 the United States Food and Drug Administration (FDA) began lobbying for permission to regulate the sale and distribution of electronic cigarettes. These battery operated devices deliver a small amount of nicotine through water vapor that is filtered through a plastic device that is shaped like a traditional cigarette. Electronic cigarettes are currently unregulated, though the FDA claims that they contain carcinogens and toxins that can be harmful to users. There are some fundamental problems with the case that the FDA has made for regulation, which is why electronic cigarettes continue to be unregulated and will remain unregulated.

How the FDA Would Like to Approach E-Cigarette Regulation

The FDA has argued that electronic cigarettes are drug delivery devices, just like nicotine gum or nicotine patches. As drug delivery devices, the FDA would have a clear right to regulate the cigarettes exactly the way the FDA already regulates nicotine gum and patches. The FDA claims that without proper regulation, the electronic cigarettes will become popular among young children who do not have access to tobacco products. The FDA would also like to control the ingredients that are delivered through electronic cigarettes more closely.

Recent Legislation

When the FDA began seizing imports of electronic cigarettes, the manufacturers took the federal agency to court. The district judge who heard the case sided firmly with the electronic cigarette manufacturers and ruled that the FDA had no jurisdiction in the sale or transport of electronic cigarettes. Simply put, the judge deemed the products as tobacco products, which are outside the regulation of the FDA. Electronic cigarette manufacturers have been allowed to import and sell their products under the same regulations that normal cigarettes are sold under and without any interference from the FDA.

The Basic Fallacy of the FDA Argument

As the federal judge argued, electronic cigarettes are meant to be enjoyed the same way that normal tobacco cigarettes are enjoyed. The only difference between normal cigarettes and electronic cigarettes is that the electronic version does not contain tar or create harmful smoke. As long as electronic cigarettes are represented as another form of tobacco, the FDA will be unable to regulate their sale or distribution. Electronic cigarettes are subject to the same rules and regulations that normal cigarettes are subject to, but they do not need to submit to testing through the FDA in order to be sold as regular cigarettes to American consumers.