Disclaimer: As per FDA regulations a e-Cigarette retailer engaged in the sale of vapor product can not make any health claims regarding electronic cigarette devices. The information found below is not a health claim on behalf of Zee Cigs Vapor and should not be viewed as such. These are quotes from recent news articles and should not be viewed as health claims made by Zee Cigs.
FDA and Gov Regulation
In 2009 an article in the New York Times featuring electronic cigarettes and during the interview the eCigarette retailer being interviewed made statements that included, “e-Cigarettes are safe" and that “eCigarettes are healthy" which were not proven statements. This prompted the FDA (Federal Drug and Food Administration) to step in and the FDA decided to halt all foreign shipments of electronic cigarette products into the United States until a formal review could be made. As all eCigarettes are foreign made this affected the products availability in the United States.
The FDA performed tests on several e-Cigarettes and released the findings to the general public pointing out one harmful element found during the study. It was reported that “one” of the several cartridges which contained the fluid commonly called eLiquid or eJuice tested positive for a trace amount (less than 1%) of Diethylene Glycol (DEG) which is harmful to humans.
The fact is Diethylene Glycol (DEG) is commonly used for tobacco leaf production originally intended for traditional tobacco cigarette and pipe manufacturers. Since the cartridge in question had nicotine that was extracted from a tobacco leaf it is reasonable to conclude some trace elements may appear in the process. If you purchase your eLiquid in bottle form you can choose products with 99.9% pure pharmaceutical grade nicotine instead of eJuices with nicotine extracted from tobacco leaves as this is a consumers choice.
Propylene Glycol was classified by the U. S. Food and Drug Administration as "generally recognized as safe" (GRAS) for use as a direct food additive.
Jan, 14th 2010 - Judge Leon Ruled in Favor of Electronic Cigarettes
ORDER, For the reasons set forth in the Memorandum Opinion, it is this 14th day of January, 2010
hereby ORDERED that Plaintiff Motion for Temporary Restraining Order and/or Injunctive relief , which the Court has converted to a Motion for Preliminary Injunction (Minute Order dated May 1, 2009), and Plaintiff’s Motion for Preliminary Injunction are GRANTED; it is further ORDERED that FDA shall not detain or refuse admission into the United States of Plaintiff’s electronic cigarette products on the ground that those products are unapproved drugs, devices, or drug-device combinations under the Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. 301 et seq;
It is further ORDERED that FDA shall not detain or refuse admission into the United States of Plaintiff’s electronic cigarette products on the ground that those products are unapproved drugs, devices, or drug-device combinations under the FDCA, absent a proffer of evidence, consistent with the Court's Memorandum Opinion, that Plaintiff’s products are intended to have a therapeutic effect; it is further ORDERED that the Combined Motion for Leave to Submit a Brief Amicus Curiae and Brief Amicus Curiae in Support of Defendant FDA by Action on Smoking and Health and Alliance of Electronic Smokers' Motion for Leave to Participate and File Brief as Amicus Curiae are GRANTED; and it is further ORDERED that the Motion of Intervenor-Plaintiff Sottera, Inc. d/b/a PLANTIFF for leave to File Reply to Defendants' September 17th Response to Proposed Amicus and Plaintiff Motion for Leave to File Instanter a Status Report Concerning Recent Events Which May Impact Plaintiff's Continued Existence are DENIED.
SO ORDERED. Signed by Judge Richard J. Leon on 1/14/10. (kc) (see order.) (Entered: 01/14/2010)
A brief quote from the 32 page Memorandum
"FDA contends that the public interest in health and safety weighs in favor of denying preliminary relief because, by enforcing the FDCA as it sees fit, FDA protects the public from unsafe and ineffective drugs. FDA further contends that the potential harm to other interested parties or to the public interest, should the court grant the preliminary injunction and allow the unapproved electronic cigarettes into the market, would far outweigh the economic harm to plaintiffs, should the court deny the preliminary injunction."
(Judge Leon Reply) "I disagree. While FDA's interest in protecting public health and safety is, in the abstract, paramount to plaintiffs' purely economic interests, given the particular facts and circumstances of this case, I am not convinced that the threat to the public interest in general or to third parties in particular is as great as FDA suggests. Together, both Plaintiffs have already sold hundreds of thousands of electronic cigarettes, yet FDA cites no evidence that those electronic cigarettes have endangered anyone. Nor has FDA cited any evidence that electronic cigarettes are any more an immediate threat to public health".
2016 the FDA imposes eCigarette Regulation
Many consumers of vapor product have called the recent FDA e-Cigarette regulation a flat out ban. The waters are still pretty murky for the vapor industry as the FDA regulation used the 2007 Tobacco Act towards vapor products, the issue is that the Tobacco Act was created to restrict new products in relation to traditional tobacco cigarette products and the lawmakers at the time were unaware of the electronic cigarette marketplace. If the current regulation remains unchanged 08-08-2018 will be an important day for electronic cigarette consumers as 99% or all product will no longer be legal to sell here in the United States.
We urge you as a consumer to join CASAA which is an eCigarette consumer advocacy group, by joining CASAA you will be kept up to date of any possible changes.