The Legal Examiner Mark The Legal Examiner Mark The Legal Examiner Mark search twitter facebook feed linkedin instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content

The growing success of e-cigarettes is being met by the FDA with an attempt to regulate the devices and their nicotine cartridges/components as drugs.

Last week the Food and Drug Administration (FDA) sent out letters to five e-cigarette distributors – E-CigaretteDirect LLC, Ruyan America Inc., Gamucci America (Smokey Bayou Inc.), E-Cig Technology Inc., and Johnson’s Creek Enterprises LLC – "warning them of various violations of the Federal Food, Drug, and Cosmetic Act, including unsubstantiated claims and poor manufacturing practices." Similarly, some states are already moving to ban the devices.

The marketing of e-cigarettes as a means of kicking the habit of smoking real cigarettes appears to concern the FDA. After testing 18 e-cigarettes from two leading suppliers in July 2009, the FDA found carcinogens and toxic chemicals. Those tests were met with strong opposition from industry leaders as being flawed. The stance among manufacturers remains that the devices are still far less harmful than, and a much healthier alternative to, regular cigarettes.

Green Nicotine, for example, advertises their products as eliminating secondhand smoke and without carcinogenic chemicals. They don’t offer fruit-flavored varieties (known to appeal to minors), and contend that their e-cigarettes offer a "cleaner" dose of nicotine than some competitors. Additionally, while they don’t market their products as aids to help quit smoking, they do offer two different strengths of nicotine cartridges – low and high.

Sean Schoepflin, founder and CEO of Green Nicotine, welcomes FDA regulation to help tone down some of the health claims made by other e-cigarette manufactures, yet believes banning the devices or subjecting them to "costly federal drug approval" would be unnecessary actions limiting the safer alternative from reaching its market.

For more information on e-cigarettes, see a previous blog I did on this topic on August 13, 2009 at:


  1. Gravatar for Joanna

    I only hope that the FDA will take this issue seriously and complete the necessary studies. The people here in Kentucky and everywhere deserve a safe alternative! It isn’t easy to quit something that has been an addiction for many years for many people. Now that we have a safer alternative, of course it will have insurmountable controversy associated with it! To those that are trying to reduce their smoking habit or quit all together, I highly recommend trying any of the reputable e-cig companies out there. You don’t have to spend a fortune to try an electronic cigarette. I first tried what is called a disposable e-cig from and after being impressed, I ordered a starter kit and haven't looked back since.

  2. Gravatar for Greg Webb


    I, like you, hope that a safer alternative is found. I hope that the e-cigarette is or can be that alternative, and that the FDA does carry out the studies necessary to make an informed decision. Additionally, the latter would allow consumers to make informed decisions.

    We appreciate your "plug" for your disposable e-cig.

    Greg Webb

Comments are closed.

Of Interest