Their main pitch: The battery-powered devices, which deliver
nicotine, flavor, and other chemicals in the form of a vapor, are
essentially harmless, especially compared with the cancer-causing toxins
in regular cigarette smoke, and therefore should get friendlier
treatment.E-cigarette makers large and small also have been lobbying
across the country as cities and state legislatures debate how
steeply to tax ego electronic cigarette and where people should be allowed to use them.
The
giants of the tobacco industry know what it’s like to face heavy
government regulation. So as the makers of Marlboro, Newport and Camel
enter the booming market for electronic cigarettes,
they are pressing to keep their new products free of such strict
oversight.With the consumption of e-cigarettes projected by some
analysts to surpass that of traditional cigarettes within the next
decade, exactly how e-cigarettes are defined — and what kinds of
regulations and taxes they will face — are critical to the industry’s
future.
Late
last month, attorneys general from nearly 40 states wrote to the FDA,
urging the agency to treat e-cigarettes like traditional cigarettes and
impose restrictions on marketing them to young people. Around the same
time, top Democrats on the House Energy and Commerce Committee wrote to
Margaret Hamburg, head of the FDA, asking that the agency move quickly
to regulate electronic cigarettes. The letter
cited a recent report from the Centers for Disease Control and
Prevention that said e-cigarette use among middle and high school
students has been rising rapidly.gfD2Ssd2
The lawmakers also asked the Republican chairman of the committee to schedule a hearing on the health effects of e cigarette oil
and other tobacco products.Since September 2012, the FDA’s tobacco
center has held at least a dozen meetings with representatives of the e-cigarette
industry, according to agency records and multiple participants. These
“listening sessions” have been held at the companies’ request, the FDA
said, and those who have participated describe them as a “one-way
conversation,” with agency officials providing few clues to their
thinking about e-cigarettes.
While e-cigarettes vary from brand to
brand, they generally look like cigarettes but do not burn tobacco.
Instead, when a user pulls air from the end, an atomizer converts liquid
inside the device into a vapor. A starter kit, which typically includes
two e-cigarette, extra batteries and various nicotine cartridges, can cost anywhere from $20 to $200.
Regulators
say too little research exists to understand how much nicotine or other
potentially harmful chemicals are inhaled during e-cigarette use, or
whether they might act as a stepping stone to getting children and
nonsmokers hooked on conventional cigarettes.After the FDA formally
declares that e-cigarette fall under its
regulatory umbrella — a decision that, before the government shutdown,
had been expected this month — the agency eventually could make an array
of other moves. E-cigarettes could in time face restrictions on how
they are marketed, where they are sold and who can buy them.
The
firm, Shockey Scofield Solutions, also lobbies on behalf of V2, an
e-cigarette maker owned by National Tobacco that paid $60,000 over the
first six months of the year for the firm’s services.Lorillard Tobacco —
best known for its Newport cigarettes — entered the e-cigarette market
in 2012 with its purchase of blu eCigs and has started to lend some of
its lobbying might to the cause.
“We always have an e-cigarette on
hand so they can see it,” said Michael Shannon, vice president of
external affairs at Lorillard.While Lorillard, NJOY and other
e-cigarette makers say they welcome FDA regulation, Shannon said, “We
just want to make sure that regulation is appropriate and recognizes the
differences between e-cigarette and traditional cigarettes.”
In
the traditional cigarette business, new products must be approved by
federal officials, television ads aren’t permitted and packages must
carry warning labels about the health risks of tobacco.E-cigarettes have
only become widely available in recent years, but their rapid growth
contrasts sharply with the steadily declining sales of traditional
cigarettes.
The question of how to regulate e-cigarettes has
lingered for years. In 2010, a federal judgesided with manufacturers who
had challenged the FDA’s authority to regulate electronic cigarette oil as a drug delivery device, which could have meant a strict set of regulations.
Ray Story, the e-cigarette company owner who prompted the lawsuit, now heads the Tobacco Vapor e-cigarette
Association. He is trying to convince regulators on both sides of the
Atlantic to adopt a uniform set of what he calls “common-sense
regulations,” such as safe manufacturing standards, tight restrictions
on sales to minors and limits on marketing, steps that many industry
executives also say they support.
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