Jump to content

Electronic cigarette: Difference between revisions

From Wikipedia, the free encyclopedia
Content deleted Content added
→‎United States of America: Updated references, removed language about FAA not having ruled (they have)
Line 185: Line 185:
* In Washington, the King County board of health has banned smoking of electronic cigarettes in public places, and prohibited sales to minors.<ref>{{cite web|url=http://www.king5.com/news/King-County-bans-electronic-cigarettes-112036419.html| title=King County bans electronic cigarettes| date=16 December 2010}}</ref> Neighboring Pierce County also prohibits sales to minors, but allows e-cigarette use in places such as bars and workplaces.<ref>{{cite web|url=http://www.thenewstribune.com/2011/06/01/1689631/ruling-oks-e-cigarette-use-in.html| title=Ruling OKs e-cigarette use in Pierce County bars, workplaces | date=2 June 2011 }}</ref>
* In Washington, the King County board of health has banned smoking of electronic cigarettes in public places, and prohibited sales to minors.<ref>{{cite web|url=http://www.king5.com/news/King-County-bans-electronic-cigarettes-112036419.html| title=King County bans electronic cigarettes| date=16 December 2010}}</ref> Neighboring Pierce County also prohibits sales to minors, but allows e-cigarette use in places such as bars and workplaces.<ref>{{cite web|url=http://www.thenewstribune.com/2011/06/01/1689631/ruling-oks-e-cigarette-use-in.html| title=Ruling OKs e-cigarette use in Pierce County bars, workplaces | date=2 June 2011 }}</ref>
* In Maryland HB1272 was introduced by Delegate [[Aruna Miller]] and was passed by the General Assembly that bans the sale of electronic cigarettes to minors.
* In Maryland HB1272 was introduced by Delegate [[Aruna Miller]] and was passed by the General Assembly that bans the sale of electronic cigarettes to minors.
* In Oregon in February 2012, [[Continental Airlines]] flight 1118 was diverted back to its airport of origin when an unruly passenger with unspecified mental disorders refused to stop using his e-cigarette. The passenger was detained by fellow passengers and later plead guilt to charges of interfering with a flight crew. <ref>{{cite web|url=http://www.foxnews.com/us/2012/05/04/teen-pleads-guilty-to-plane-ruckus-faces-dui/ |title=Teen pleads guilty to plane ruckus, faces DUI |publisher=foxnews.com |date= |accessdate=02 August 2012}}</ref><ref>{{cite web|url=http://travel.usatoday.com/flights/post/2012/02/continental-airlines-unruly-flier-e-cigarette/632950/1}}</ref> FAA had not ruled on E-cigarette use on airplanes at the time of the incident, but airlines were and are permitted to establish their own more-restrictive policies on E-cigarette use on planes; Continental (now [[United Airlines]]) has a company policy banning them <ref>{{cite web|url=http://www.united.com/web/en-US/content/travel/baggage/dangerous.aspx |title=Dangerous goods |publisher=united.com |date= |accessdate=02 August 2012}}</ref>
* In Oregon in February 2012, [[Continental Airlines]] flight 1118 was diverted back to its airport of origin when an unruly passenger with unspecified mental disorders refused to stop using his e-cigarette. The passenger was detained by fellow passengers and later plead guilt to charges of interfering with a flight crew. <ref>{{cite web|url=http://www.foxnews.com/us/2012/05/04/teen-pleads-guilty-to-plane-ruckus-faces-dui/ |title=Teen pleads guilty to plane ruckus, faces DUI |publisher=foxnews.com |date= |accessdate=02 August 2012}}</ref><ref>{{cite web|url=http://travel.usatoday.com/flights/post/2012/02/continental-airlines-unruly-flier-e-cigarette/632950/1 |title=Teen arrested in flight ruckus sang of bin Laden |date= |publisher=usatoday.com |accessdate=02 August 201}}</ref> FAA had not ruled on E-cigarette use on airplanes at the time of the incident, but airlines were and are permitted to establish their own more-restrictive policies on E-cigarette use on planes; Continental (now [[United Airlines]]) has a company policy banning them <ref>{{cite web|url=http://www.united.com/web/en-US/content/travel/baggage/dangerous.aspx |title=Dangerous goods |publisher=united.com |date= |accessdate=02 August 2012}}</ref>
* In Iowa in 2012, the Linn County commissioners approved a decision to regulate the retail sale of electronic cigarettes like tobacco cigarettes. As a result of this decision, retailers who sell electronic cigarettes to persons in Linn County are required to have a retail tobacco license.<ref name="Lin County Reg">{{cite web | url=http://www.linncounty.org/news_details.asp?Content_Id=3183&News_Id=1550 | title=Linn County Supervisors Approve Ordinance Requiring Permit to Sell Unregulated Nicotine Products, Ban Sale to Minors | publisher=Linn County, Iowa | accessdate=April 22, 2012}}</ref>
* In Iowa in 2012, the Linn County commissioners approved a decision to regulate the retail sale of electronic cigarettes like tobacco cigarettes. As a result of this decision, retailers who sell electronic cigarettes to persons in Linn County are required to have a retail tobacco license.<ref name="Lin County Reg">{{cite web | url=http://www.linncounty.org/news_details.asp?Content_Id=3183&News_Id=1550 | title=Linn County Supervisors Approve Ordinance Requiring Permit to Sell Unregulated Nicotine Products, Ban Sale to Minors | publisher=Linn County, Iowa | accessdate=April 22, 2012}}</ref>



Revision as of 17:36, 2 August 2012

From top: RN4072 "pen-style" electronic cigarette, battery for it, M401 electronic cigarette, battery.
DSE-901 electronic cigarette, with appearance like a tobacco cigarette.
eGo-T electronic cigarette with charger

An electronic cigarette, also known as an e-cigarette, e-cig, smokeless cigarette, or vape, is an electrical device that simulates the act of tobacco smoking by producing an inhaled vapor bearing the physical sensation, appearance, and often the flavor (with or without nicotine content) of inhaled tobacco smoke, without its odor or, ostensibly, its health risks. The device uses heat (or in some cases, ultrasonics) to vaporize a propylene glycol- or glycerin-based liquid solution into an aerosol mist, similar to the way a nebulizer or humidifier vaporizes solutions for inhalation.

The device's components usually include a small liquid reservoir, a heating element, and a power source, which may be a battery or a wired USB adapter. Most electronic cigarettes are portable, self-contained cylindrical devices in varying sizes, and many are designed to outwardly resemble traditional cigarettes. Most are also reusable, with replaceable and refillable components, though some models are disposable. Liquids that produce vapor for electronic cigarettes are available in many different flavor varieties and nicotine concentrations, including nicotine-free versions.

The primary stated use of the electronic cigarette is an alternative to tobacco smoking, or a smoking cessation device: It endeavors to deliver the experience of smoking without the adverse health effects usually associated with tobacco smoke, or to at least greatly reduce those risks.

The possible benefits or adverse effects of electronic cigarette use are a subject of disagreement among different health organizations and researchers. Controlled studies of electronic cigarettes are scarce due to their relatively recent invention and subsequent rapid growth in popularity. Laws governing the use and sale of electronic cigarettes, as well as the accompanying liquid solutions, currently vary widely, with pending legislation and ongoing debate in many regions. Concerns have been raised by anti-smoking groups that use of the device still might carry health risks and that it could appeal to non-smokers, especially children,[1] due to its novelty, flavorings, and possibly overstated claims of safety.[2][3][4][5]

The modern electronic cigarette's design was devised by Chinese pharmacist Hon Lik in 2003, though the earliest known description of its concept was authored by Herbert A. Gilbert in 1963.

Origins

The electronic cigarette concept first appeared in a patent acquired by Herbert A. Gilbert in 1963.[6] The device was described as, "...a smokeless non-tobacco cigarette ... to provide a safe and harmless means for and method of smoking by replacing burning tobacco and paper with heated, moist, flavored air..." Due to the limitations of technology available at the time, and because tobacco was not yet generally accepted as harmful, this device never reached manufacturing.

The modern electronic cigarette was invented by Chinese pharmacist Hon Lik in 2003 and introduced to the market the following year. The company he worked for, Golden Dragon Holdings, changed its name to Ruyan (meaning "to resemble smoking"), and started exporting its products in 2005–2006,[7] before receiving the first international patent in 2007.[8]

Components

A disassembled cigarette-styled electronic cigarette.
A. LED light cover
B. battery (also houses circuitry)
C. atomizer (heating element)
D. cartridge (mouthpiece)

Electronic cigarettes all share three essential components:

  • A "cartridge" that serves as a mouthpiece and usually doubles as a small reservoir holding the liquid that is to be vaporized.
  • An "atomizer" that serves as the heating element responsible for vaporizing the liquid.
  • A power supply, which in portable models is a battery. Other electronic components necessary for operation are housed within the power unit.

A "cartomizer" option is available for most models that replaces the separate cartridge and atomizer components with a single integrated piece. This option is disposable, as opposed to standalone atomizers which are reusable and comparatively expensive.

Most reusable electronic cigarette components are manufactured according to some standard for their threaded (screw-on) fittings, making them interchangeable. Current (June 2011) dominating attachment standards include the 510 and 808D. The majority of components are manufactured to fit these models.

Cartridge

The cartridge is a small, usually disposable plastic container, with openings on each end. One end is placed in the user's mouth, while the other attaches to the atomizer (heating element).

This component serves as both a liquid reservoir and mouthpiece, and as such, must allow the passage of liquid to the atomizer, as well as vapor from the atomizer back to the user's mouth, without allowing liquid into the mouth. This is usually accomplished via an absorbent sponge-like material to keep the liquid in place, resting on a plastic barrier separating it from the mouth-end opening; The mouthpiece casing is constructed with side channels that allow vapor to pass from the atomizer, around the liquid chamber, to the mouth-end opening.

When the liquid in a cartridge has been depleted, the user can usually choose between refilling it, or replacing it with another pre-filled cartridge.

Some users forgo the use of liquid reservoirs altogether, and "drip" liquid directly onto the atomizer. This method has aptly come to be known as "dripping". Some manufacturers have responded to this practice by creating special mouthpieces that are intended primarily to ease use by the dripping method.

Atomizer

A battery connected to a USB charger.
File:Electronic Cigarette UK PCC a.jpg
A personal charging case, or PCC.

The atomizer is the heating element responsible for vaporizing the liquid, and generally consists of a simple filament and wicking metal mesh to draw the liquid in. It is positioned in the center of the three components that make up the entire electronic cigarette cylinder, as the cartridge attaches to one end, and the power unit to the other. The atomizer's filament tends to lose efficiency over time due to a buildup of sediment, or "burns out" entirely, requiring replacement. This creates one of the primary recurring expenses associated with electronic cigarettes.

Cartomizer

To deal with atomizer degradation and the associated expense, manufacturers introduced an integrated cartridge/atomizer component that is more cheaply produced, known as a cartomizer. When their heating elements degrade, they can be disposed of and replaced more cheaply than standalone atomizers. Cartomizers can also be cleaned and reused which can extend their useful lifetime. Tanks are also used in association with cartomizers to increase their capacity. A cartomizer is integrated inside a plastic or glass tank which feeds liquid to the cartomizer as it's used via small holes.

Power source and electronics

Most portable power units contain a lithium-ion rechargeable battery, while wired units often draw power through a USB connection. The housing for the power source and electronic circuitry is usually the largest component of an electronic cigarette.

This unit may contain an electronic airflow sensor, in the case of "automatic" electronic cigarettes, so that activation is triggered simply by drawing breath through the device. Other "manual" electronic cigarette power units are constructed with a button that activates the heating element, and must be held during operation. A timed cutoff switch to prevent overheating, and/or a colored LED to announce activation, may also be included in the power unit casing.

Like most electronic devices, chargers of many different types are available for electronic cigarette batteries, such as AC outlet, car, and USB. Some manufacturers also offer a "Portable Charging Case," or "PCC": a portable case that contains a large battery, which in turn charges smaller batteries within individual e-cigarettes. PCCs are often designed to resemble traditional cigarette packs.

Liquids

Liquids used to produce vapor in electronic cigarettes are widely sold both as separate bottled products, for use with refillable cartridges and as pre-filled disposable cartridges. Bottled liquid is sold under a variety of names, including "e–liquid", "e-juice", and "nicotine solution".

Contents of liquid solutions vary, but their common aspects include water and flavorings in a propylene glycol or glycerin base. Nicotine is also included in solutions intended to fulfil a nicotine replacement role. Whole Tobacco Alkaloids (WTA) have recently been introduced into e–liquids. Some users find that e-liquids with WTA provide an experience that more closely resembles smoking than e-liquids that do not contain the additives. Whole tobacco alkaloids are produced in a process similar to that used to purify nicotine in general.

E-liquid vendors are becoming more common in the United States[citation needed].

Flavors

Hundreds of different flavor varieties are available. Some attempt to resemble traditional cigarette types, such as regular tobacco and menthol, and some even claim to mimic specific cigarette brands, such as Marlboro or Camel. A wide variety of food flavors are also sold, from the traditional (vanilla, coffee, cola) to the more unusual (strawberry daiquiri, Boston cream pie).

Nicotine

Liquid solutions containing nicotine are available in differing nicotine concentrations to suit user preference. Dosing nomenclatures are not standardized and vary by manufacturer, but tend towards the following rough figures:

  • Liquids said to contain "low" doses of nicotine tend to correspond to a nicotine concentration of between 6 - 9  mg/ml (milligrams of nicotine per milliliter of liquid).
  • "Midrange" or "medium" doses tend to correspond to a nicotine concentration of 10–17 mg/ml.
  • "High" doses tend to correspond to a nicotine concentration of aprox 18–22 mg/ml.
  • "Extra-high" doses tend to correspond to a nicotine concentration of 24–36 mg/ml.

Actual numerical nicotine concentration ratings are usually printed on liquid containers or cartridge packaging. Often, the standard notation "mg/ml" is shortened to a simple "mg".[9] Nicotine-free solutions are also a widely offered option.

Bases

Flavors and nicotine are dissolved in hygroscopic components, which turn the water in the solution into a smoke-like vapor when heated. Commonly used hygroscopic components include propylene glycol, vegetable glycerin, and polyethylene glycol 400 (often sold under the abbreviations PG, VG, and PEG 400, respectively).

Safety of liquid bases

All three liquid bases are common food additives used in a variety of pharmaceutical formulations. Propylene glycol, the current dominating liquid base, has been utilized in asthma inhalers and nebulizers since the 1950s, and because of its water-retaining properties, is the compound of choice for delivering atomized medication. The U.S. Food and Drug Administration (FDA) includes propylene glycol on its list of substances Generally Recognized as Safe (GRAS), and it meets the requirements of acceptable compounds within Title 21 of the Code of Federal Regulations. In comparison, traditional tobacco cigarettes contain at least 80 cancer causing chemicals, including tar.[10]

Health concerns

The health effects of using electronic cigarettes are currently unknown. Several studies regarding the long-term health effects of nicotine vapor, both inhaled directly and second hand, are currently in progress. The effects of passive nicotine and smoke inhalation must be separate in such studies because there is no smoke involved in the process. There is no sidestream smoke directly from burned cigarettes to the environment.

World Health Organization

The World Health Organization stated in September 2008 that to its knowledge, "no rigorous, peer-reviewed studies have been conducted showing that the electronic cigarette is a safe and effective nicotine replacement therapy. WHO does not discount the possibility that the electronic cigarette could be useful as a smoking cessation aid." WHO Tobacco Free Initiative director ad interim Douglas Bettcher stated that claims that electronic cigarettes can help smokers quit need to be backed up by clinical studies and toxicity analyses and operate within the proper regulatory framework. He added: "Until they do that, WHO cannot consider the electronic cigarette to be an appropriate nicotine replacement therapy, and it certainly cannot accept false suggestions that it has approved and endorsed the product."[11]

In 2010, the Tobacco Regulation meeting held in Uruguay came out with warnings about electronic cigarettes. Signatories of the meeting's treaty included representatives of countries and regions such as Brazil, Thailand, Hong Kong, and Saudi Arabia, where electronic cigarettes had been banned.[citation needed]

The secretariat of the meeting refused and stated that electronic cigarettes do not violate articles 9 and 10 of the framework convention for tobacco control regarding composition (toxins, carcinogens, harm to self) or emissions (second hand smoke or harm to others). The secretariat stated that the problems regarding electronic cigarettes relate to regulatory issues and not to the work that the convention is tasked with. In the memo, they also mentioned that electronic cigarettes can be considered a medical product only IF the marketer wanted to make medical claims, otherwise they are a tobacco product.[citation needed]

United States of America

Food and Drug Administration

In May 2009 the US Food and Drug Administration (USFDA) Division of Pharmaceutical Analysis tested the contents of 19 varieties of electronic cigarette cartridges produced by two vendors (NJoy and Smoking Everywhere).[12] Diethylene glycol, which is poisonous, was detected in one of the cartridges manufactured by Smoking Everywhere .[12] In addition, tobacco-specific nitrosamines (TSNAs), known cancer-causing agents, were detected in all of the cartridges from one brand and two of the cartridges from the other brand. The study found that the actual nicotine levels did not always correspond to the amount of nicotine the cartridges purported to contain.[12] The analysis found traces of nicotine in some cartridges that claimed to be nicotine-free.[12] Further concerns were raised over inconsistent amounts of nicotine delivered when drawing on the device.[13] In July 2009, the FDA issued a press release discouraging the use of electronic cigarettes and repeating previously stated concerns that electronic cigarettes may be marketed to young people and lack appropriate health warnings.[14]

In addition, chemical analysis was performed on sample cartridge. The cartridges were found to contain "tobacco-specific impurities suspected of being harmful to humans—anabasine, myosmine, and β-nicotyrine—were detected in a majority of the samples tested." [15]


The Electronic Cigarette Association said that the FDA testing was too "narrow to reach any valid and reliable conclusions.”[12] Exponent, Inc., commissioned by NJOY to review the FDA's study in July 2009, objected to the FDA analysis of electronic cigarettes lacking comparisons to other FDA-approved nicotine replacement therapy products where similar levels of TSNA were detected. Exponent concluded that the FDA's study did not support the claims of potential adverse health effects from the use of electronic cigarettes.[16] Furthermore, FDA methods "have been lambasted in journals" by some medical and health research experts who noted the potentially harmful chemicals were measured at "about one million times lower concentrations than are conceivably related to human health.”[17]

American Association of Public Health Physicians

As of April 2010, The American Association of Public Health Physicians (AAPHP) supports electronic cigarettes sales to adults, "because the possibility exists to save the lives of four million of the eight million current adult American smokers who will otherwise die of a tobacco-related illness over the next twenty years." However, the AAPHP is against sales to minors.[18] The AAPHP recommends that the FDA reclassify the electronic cigarette as a tobacco product (as opposed to a drug/device combination).[19][20]

Boston University School of Public Health study

A study by researchers at the Boston University School of Public Health in 2010 concluded that electronic cigarettes were safer than real cigarettes and may aid in breaking the habit of smoking. Researchers said that while further studies on electronic cigarettes were needed, "few, if any, chemicals at levels detected in electronic cigarettes raise serious health concerns." Electronic cigarettes were found to be "much safer" than traditional tobacco ones, and had a level of toxicity similar to existing nicotine replacements.[21][22][23]

In the report, the level of carcinogens in electronic cigarettes was found to be up to 1,000 times lower than regular cigarettes. It also said early evidence shows that electronic cigarettes may help people to stop smoking by simulating a tobacco cigarette.[21][22]

Health Canada

On 27 March 2009, Health Canada issued an advisory against electronic cigarettes. The advisory stated "Although these electronic smoking products may be marketed as a safer alternative to conventional tobacco products and, in some cases, as an aid to quitting smoking, electronic smoking products may pose risks such as nicotine poisoning and addiction."[24]

Health New Zealand Ltd. study

In 2008, Dr. Murray Laugesen, of Health New Zealand, published a report on the safety of Ruyan electronic cigarette cartridges funded by e-cigarette manufacturer, Ruyan; Laugesen and the WHO claim that the research is independent.[25] The presence of trace amounts of TSNAs in the cartridge solution was documented in the analysis. The results also indicated that the level of nicotine in the electronic cigarette cartridges was not different from the concentration of nicotine found in nicotine patches.[25] John Britton, a lung specialist at the University of Nottingham, UK and chair of the Royal College of Physicians Tobacco Advisory Group said “if the levels are as low as in nicotine replacement therapy, I don’t think there will be much of a problem.”[25] The study's detailed quantitative analysis concluded that carcinogens and toxicants are present only below harmful levels. It concluded: "Based on the manufacturer’s information, the composition of the cartridge liquid is not hazardous to health, if used as intended."[26]

Other reports

According to Cancer Research UK, "For a smoker, the health hazards of continuing to smoke greatly outweigh any potential risks of using nicotine replacement therapy".[27]

A report from a UK Government advisory unit favoured to adopt "smokeless nicotine cigarettes" instead of the traditional "quit or die" approach believing this would save more lives.[28]

While electronic cigarettes are purported to deliver nicotine to the user in a manner similar to that of a nicotine inhaler, no electronic cigarette has yet been approved as a medicinal nicotine replacement therapy (NRT) product or provided the necessary clinical testing for such approval. Doubts have also been raised as to whether electronic cigarettes actually deliver any substantial amount of nicotine at all.[29]

Research carried out at the University of East London on the effects of the use of an electronic cigarette to reduce cravings in regular tobacco smokers showed that there was no significant reported difference between smokers who inhaled vapour containing nicotine, and those who inhaled vapour containing no nicotine. The report concluded that although electronic cigarettes can be effective in reducing nicotine-related withdrawal symptoms, the nicotine content does not appear to be of central importance, and that other smoking related cues (such as taste, vapour resembling smoke) may account for the reduction in discomfort associated with tobacco abstinence in the short term.[30][31]

Though manufacturers have marketed electronic cigarettes as a way to curtail an addiction to nicotine,[32] the World Health Organization has stated they know of no evidence confirming these claims.[33]

In an online survey from November 2009 among 303 smokers, it was found that e-cigarette substitution for tobacco cigarettes resulted in reduced perceived health problems, when compared to smoking conventional cigarettes (less cough, improved ability to exercise, improved sense of taste and smell).[34]

Other safety issues

On February 13, 2012, an electronic cigarette exploded in the mouth of a 57 year old man, causing him to lose several teeth and part of his tongue. North Bay Fire District Chief Butch Parker explained that a faulty battery was likely to blame for the explosion.[35] It was later reported that the electronic cigarette may have been modified by the man by 'stacking' several batteries.[36]

Proponents

Despite the various health concerns raised, proponents of electronic cigarettes often market them as an alternative to tobacco smoking or as a smoking cessation device. Many claim that electronic cigarettes deliver the experience of smoking without the adverse health effects usually associated with tobacco smoke, or at least greatly reduce those risks.[37] Claimed benefits include the lack of smoke or smells, cheaper insurance rates, and the lack of a need for an ashtray or lighter.[38]

Because of the relative novelty of the technology and the possible relationship to tobacco laws and medical drug policies, electronic cigarette legislation and public health investigations are currently pending in many countries. As flavored tobacco cigarettes (except menthol) have been banned in the US, and roll-your-own (RYO) products are seeing massive increases in taxes (e.g., Iowa), electronic cigarettes remain a viable alternative to tobacco for many Americans.

European Union

The EU Directive 2001/95/EC(6) on general product safety, applies in so far as there are no specific provisions with the same objective in other EU law. This directive provides for restrictive or preventive measures to be taken if the product is found to be dangerous to the health and safety of consumers.

Whether electronic cigarettes could be regarded as falling under Directive 93/42/EEC on medical devices depends on the claimed intended use and whether this intended use has a medical purpose. "It is for each national authority to decide, account being taken of all the characteristics of the product, whether it falls within the definition of a medicinal product by its function or presentation."[39]

Because of this vague EU position, member countries in the European Economic Area currently have varying rules.

United States of America

Individual states have differing legal treatment of electronic cigarettes.

On 22 September 2009, under the authorization of the Family Smoking Prevention and Tobacco Control Act, the FDA banned flavored tobacco (with the notable exception of menthol cigarettes) due to its potential appeal to children.[40] Wagner says that the use of flavorings such as chocolate could encourage childhood use and serve as a gateway to cigarette smoking.[40]

The Food and Drug Administration (FDA) classified electronic cigarettes as drug delivery devices and subject to regulation under the Food, Drug, and Cosmetic Act (FDCA) prior to importation to and sale in the United States. The classification was challenged in court, and overruled in January 2010 by Federal District Court Judge Richard J. Leon, citing that "the devices should be regulated as tobacco products rather than drug or medical products."[41] Judge Leon ordered the FDA to stop blocking the importation of electronic cigarettes from China and indicated that the devices should be regulated as tobacco products rather than drug or medical devices.[42]

In March 2010, a US Court of Appeal stayed the injunction pending an appeal, during which the FDA argued the right to regulate electronic cigarettes based on their previous ability to regulate nicotine replacement therapies such as nicotine gum or patches. Further, the agency argued that tobacco legislation enacted the previous year "expressly excludes from the definition of 'tobacco product' any article that is a drug, device or combination product under the FDCA, and provides that such articles shall be subject to regulation under the pre-existing FDCA provisions."[43] On 7 December 2010, the appeals court ruled against the FDA in a 3–0 unanimous decision, ruling the FDA can only regulate electronic cigarettes as tobacco products, and thus cannot block their import.[44] The judges ruled that such devices would only be subject to drug legislation if they are marketed for therapeutic use – E-cigarette manufacturers had successfully proven that their products were targeted at smokers and not at those seeking to quit. The District of Columbia Circuit appeals court declined to review the decision blocking the products from FDA regulation as medical devices on 24 January 2011.[45]

Concerns about public safety have been raised. However, some former smokers say they have been helped by e-cigarettes, and scientists at the University of California, Berkeley said that e-cigarettes had great potential for reducing the morbidity and mortality related to smoking.[46]

The European Economic Area

  • In Denmark, the Danish Medicines Agency classifies electronic cigarettes containing nicotine as medicinal products. Thus, authorization is required before the product may be marketed and sold, and no such authorization has currently been given. The agency has clarified, however, that electronic cigarettes that do not administer nicotine to the user, and are not otherwise used for the prevention or treatment of disease, are not considered medicinal devices.[47] The use of electronic cigarettes has not been prohibited in Copenhagen Airport, but at least one airline (Scandinavian Airlines) has decided to ban their use on board flights.[48]
  • In Finland, the National Supervisory Authority of Welfare and Health (Valvira) declared that the new tobacco marketing ban (effective 1.1.2012) will also cover electronic cigarettes,[49] resulting in that Finnish stores or webstores can't advertise e-cigarettes because they might look like regular cigarettes. In theory, e-cigarettes with nicotine-free cartridges may still be sold, as long as their images and prices are not visible. Ordering from abroad remains allowed. Sale of nicotine cartridges is currently prohibited, as nicotine is considered a prescription drug requiring an authorization that such cartridges do not yet have. However, the Finnish authorities have decided that nicotine cartridges containing less than 10 mg nicotine, and e-liquid containing less than 0,42 g nicotine per bottle, may be legally brought in from other countries for private use. If the nicotine content is higher, a prescription from a Finnish physician is required. From a country within the European Economic Area a maximum of one year's supply may be brought in for private use when returning to Finland, while three months' supply may be brought in from outside the EEA. Mail order deliveries from EEA countries, for a maximum of three months' supply, are also allowed.[50][51]
  • In Latvia, the Ministry of Health has warned that the e-cigarette can cause harm to cardiovascular, hepatic and renal systems,[52] however, e-cigarettes are legal, and are sold in most shopping centers and at Riga's airport, as well as via the internet to individuals at least 18 years old.
  • In the Netherlands, use and sale of electronic cigarettes is allowed, but advertising is forbidden pending European Union legislation.[53]
  • In Norway electronic cigarettes and nicotine can only be imported from other EEA member states (e.g. the UK) for private use.
  • In Germany, sale of electronic cigarettes and nicotine-containing cartridges is not forbidden. The electronic cigarette ban outspoken by the health minister of NRW on the press conference on 16 December 2011 is not a legally binding ban but merely exercised free speech.[54]
  • In Austria nicotine-containing cartridges are classified as medicinal products and e-cigarettes for nicotine inhalation as medical devices.[55]

United States of America

  • California Governor Arnold Schwarzenegger vetoed a bill that would ban the sale of electronic cigarettes within the state on grounds that "if adults want to purchase and consume these products with an understanding of the associated health risks, they should be able to do so."[56]
  • In 2009, New Jersey voted to treat the electronic cigarette in the same category as tobacco products by including under the New Jersey Smoke Free Air Act. Assemblywoman Connie Wagner sponsored the legislation arguing that they "looked like the real thing"; she also objected to the potential appeal of flavored electric cigarettes to children.[57]
  • The sale of electronic cigarettes to minors in New Hampshire was legal. A group of students and a group called “Breathe New Hampshire” were concerned that electronic cigarettes will serve as a gateway to smoking cigarettes through appearing to be trendy: one compared electronic cigarettes to “having a new cell phone. It’s cool. It’s electronic.” They launched petitions to the state government to ban the sale of electronic cigarettes to minors.[58] It is now illegal to sell e-cigarettes to minors as of July 2010.[59]
  • Arizona has a planned ban of selling electronic cigarettes to minors.[60]
  • In Washington, the King County board of health has banned smoking of electronic cigarettes in public places, and prohibited sales to minors.[61] Neighboring Pierce County also prohibits sales to minors, but allows e-cigarette use in places such as bars and workplaces.[62]
  • In Maryland HB1272 was introduced by Delegate Aruna Miller and was passed by the General Assembly that bans the sale of electronic cigarettes to minors.
  • In Oregon in February 2012, Continental Airlines flight 1118 was diverted back to its airport of origin when an unruly passenger with unspecified mental disorders refused to stop using his e-cigarette. The passenger was detained by fellow passengers and later plead guilt to charges of interfering with a flight crew. [63][64] FAA had not ruled on E-cigarette use on airplanes at the time of the incident, but airlines were and are permitted to establish their own more-restrictive policies on E-cigarette use on planes; Continental (now United Airlines) has a company policy banning them [65]
  • In Iowa in 2012, the Linn County commissioners approved a decision to regulate the retail sale of electronic cigarettes like tobacco cigarettes. As a result of this decision, retailers who sell electronic cigarettes to persons in Linn County are required to have a retail tobacco license.[66]

Other countries

  • In Australia, the Federal Department of Health and Ageing classifies every form of nicotine, except for replacement therapies and cigarettes, as a form of poison.[67][68] However, in the state of Victoria, the Therapeutic Goods Administration said there were no laws preventing the importation of e-cigarettes bought over the internet for personal use, unless prohibited by state and territory legislation.[69]
  • In Brazil, the sale, importation and advertisement of any kind of electronic cigarettes are forbidden. The Brazilian health and sanitation federal agency, Anvisa, found the current health safety assessments about e-cigarettes not to be yet satisfactory to make the product eligible to be approved for commercialization.[70]
  • In Portugal, the sale and use of electronic cigarettes are legal.
  • In Canada, as of March 2009, the import, sale, and advertising of electronic cigarettes containing nicotine are banned in Canada, while non-nicotine e-cigs are legal and may be sold and advertised. Health Canada advised Canadian consumers not to purchase or use any electronic smoking products, cited prohibition of electronic smoking products containing nicotine in the Food and Drugs Act; no market authorization has been granted for any electronic smoking product.[24]
  • In China, the sale and use of electronic cigarettes are legal.
  • In Hong Kong the sale and possession of electronic cigarattes is govered under the Pharmacy and Poisons Ordinance. The inhaler itself is classified as a Type I Poison. Under the ordinance, unauthorized sale or possession of the inhaler are both considered an offence and are punishable with a fine of up to HK$100,000 and/or a prison term of 2 years.[71]
  • In India, the use of electronic cigarettes is currently legal. Under the Indian Health Law of 2006, tobacco smoking has been banned in public; though since e-cigarettes avoid the use of tobacco, they do not fall under this law.[72]
  • In Lebanon, the council of ministers has banned the sale and use of electronic cigarettes starting 21 September 2011.[citation needed]
  • In New Zealand, the Ministry of Health has ruled that the Ruyan e-cigarette falls under the requirements of the Medicines Act, and cannot be sold except as a registered medicine. Since the ruling, Ruyan has obtained registration, and sale is currently allowed in pharmacies.[9]
  • In Panama, importation, distribution and sale have been prohibited since June 2009. The Ministry of Health cites the FDA findings as their reason for the ban.[73]
  • In Poland, the sale and use of electronic cigarettes are legal.
  • In Singapore, the sale and import of electronic cigarettes, even for personal consumption, is illegal. According to Health Minister Khaw Boon Wan, electronic cigarettes were the industry's attempt to attract new users and were marketed to appeal to younger customers, including women.[74]
  • In South Korea, the sale and use of electronic cigarettes are legal, but heavily taxed. Possessing electric cigarettes among teenagers is a problem.[75]
  • In Switzerland, sale of nicotine-free electronic cigarettes is legal. Use and import of electronic cigarettes containing nicotine is legal, though they cannot be sold in Switzerland.[76] As of December 2011 the tobacco tax does not apply to e-cigarettes and respective liquids containing nicotine anymore.[77]
  • In Nepal, under the law of cigarette the use and sale of e cigarette is permitted.

References

  1. ^ Szabo, Liz (22 July 2009). "FDA considers ways to short-circuit electronic cigarettes". USA Today.
  2. ^ Sohn, Emily (26 January 2011). "How Safe Are E-Cigarettes?". Discovery News. Retrieved 7 May 2012.
  3. ^ "Electronic Cigarettes: Are They Safe?". CBS News.
  4. ^ http://www.health.com/health/condition-article/0,,20347308,00.html
  5. ^ "Koop smokes Dole over remarks on cigarettes". CNN. 22 June 1996.
  6. ^ "Smokeless non-tobacco cigarette". Google.com. Retrieved 29 February 2012.
  7. ^ A high-tech approach to getting a nicotine fix, 25 April 2009, Los Angeles Times
  8. ^ "Electronic Atomizer Cigarette European patent". Worldwide.espacenet.com. 22 November 2007. Retrieved 29 February 2012.
  9. ^ a b Health New Zealand (17 October 2007). "The Ruyan e-cigarette; Technical Information Sheet]". Health New Zealand. Retrieved 31 March 2008.
  10. ^ "Smoking and cancer: What's in a cigarette?". Cancer Research UK. Retrieved 19 April 2012.
  11. ^ WHO | Marketers of electronic cigarettes should halt unproved therapy claims. Who.int. Retrieved on 2011-04-27.
  12. ^ a b c d e Zezima, Katie (23 July 2009). "Analysis Finds Toxic Substances in Electronic Cigarettes". The New York Times. Retrieved 04 26 2010. {{cite news}}: Check date values in: |accessdate= (help)
  13. ^ FDA (4 May 2009). "Evaluation of e-cigarettes" (PDF). Food and Drug Administration (US) -center for drug evaluation and research. Retrieved 4 May 2009.
  14. ^ FDA (22 July 2009). "FDA and Public Health Experts Warn About Electronic Cigarettes". Food and Drug Administration (US). Retrieved 22 July 2009.
  15. ^ FDA (22 July 2009). "Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted By FDA". Retrieved 22 July 2009.
  16. ^ Janci Lindsay (30 July 2009). "Technical Review and Analysis of FDA Report: Evaluation of e-cigarettes" (PDF). Exponent Health Sciences. Retrieved 30 July 2009.
  17. ^ John Tierney (7 November 2011). "A Tool to Quit Smoking Has Some Unlikely Critics". New York Times. Retrieved 7 December 2011.
  18. ^ AAPHP Statement re State Regulation of E-cigarettes Retrieved December 3, 2011.
  19. ^ AAPHP E-cigarette Petitions to FDA –Actions Requested and Justification. Retrieved December 3, 2011.
  20. ^ "Tobacco Control Task Force" AAPHP (7 February 2009). Retrieved 22 September 2011
  21. ^ a b "Evidence suggests ecigs safer than cigarettes, researcher claims". Physorg.com. Retrieved 18 December 2010.
  22. ^ a b "E- ciggies much safer than real ones: Study". Sify.com. Retrieved 18 December 2010.
  23. ^ Siegel, Michael (9 December 2010). "Electronic cigarettes as a harm reduction strategy for tobacco control: A step forward or a repeat of past mistakes?". Journal of Public Health Policy. Retrieved 18 December 2010. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  24. ^ a b Health Canada (27 March 2009). "Health Canada Advises Canadians Not to Use Electronic Cigarettes". Health Canada advisory. Retrieved 27 March 2009.
  25. ^ a b c Thomson, Helen (14 February 2009). "iSmoke". Retrieved 15 March 2011.
  26. ^ Murray Laugesen (30 October 2008). "Safety Report on the Ruyan e-cigarette Cartridge and Inhaled Aerosol" (PDF). Health New Zealand Ltd. Retrieved 30 October 2008.
  27. ^ Cancer research UK (24 April 2009). "Can nicotine gum cause mouth cancer". Retrieved 25 April 2010.
  28. ^ Allegra Stratton (14 September 2011). "Try smokeless nicotine cigarettes, says government". London: Guardian.
  29. ^ Paul Courson (9 February 2010). "E-Cigarettes Don't Deliver". CNN.
  30. ^ Dawkins L, Kent T, Turner J. "The Electronic Cigarette: Acute Effects on Mood and Craving" (PDF)Template:Inconsistent citations{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: postscript (link)
  31. ^ Dawkins L., Kent, T. & Turner, J. (2010). Journal of Psychopharmacology, 24 (suppl.3), A32."The Electronic Cigarette: Acute effects on mood and craving"
  32. ^ Brooke Donovan (27 February 2008). "Fake aims to kill the urge to puff". The New Zealand Herald. Retrieved 20 March 2008.
  33. ^ WHO news media center (19 September 2008). "Marketers of electronic cigarettes should halt unproved therapy claims". WHO Tobacco Free Initiative. Retrieved 1 October 2008.
  34. ^ Heavner, Dunworth, Bergen, Nissen, Phillips (26 November 2009). "Results of an online survey of e-cigarette users" (PDF). Tobacco Harm Reduction (University of Alberta). Retrieved 1 February 2010.{{cite web}}: CS1 maint: multiple names: authors list (link)
  35. ^ Mikaela Conley (15 February 2012). "Man Suffers Severe Injuries After E-Cigarette Explodes in His Mouth". Retrieved 19 March 2012.
  36. ^ CSP Daily News (20 February 2012). "Was Exploding E-Cigarette a 'Mod'?". Retrieved 09 May 2012. {{cite web}}: Check date values in: |accessdate= (help)
  37. ^ "E-Cigarette – An Excellent Subsitute to Tobacco Cigarettes". AbsolutelyeCigs.com. 25 January 2012. Retrieved 9 May 2012.
  38. ^ "E-Cigarettes: Benefits". Cigarti. Retrieved 7 May 2012.
  39. ^ "Orientation Note: Electronic Cigarettes and the EC Legislation" (PDF). Retrieved 18 December 2010.
  40. ^ a b U.S. Food and Drug Administration (15 January 2010). "Flavored Tobacco".
  41. ^ "FDA Fighting for Authority to Regulate Electronic Cigarette". 2 March 2010.
  42. ^ Wilson, Duff (15 January 2010). "Judge Orders F.D.A. to Stop Blocking Imports of E-Cigarettes From China". The New York Times.
  43. ^ "AAFP.org". AAFP.org. Retrieved 18 December 2010.
  44. ^ "FDA Cannot Block E-Cigarette Imports: Court". Fox News. 8 December 2010.
  45. ^ FDA (14 February 2011). "FDA regulation of e-cigarettes rebuffed again". American Medical News. Retrieved 21 February 2011.
  46. ^ Claire Bates (26 January 2011). "Miracle cure or menace? E-cigarette faces ban as safety debate rages over unregulated quit-smoking device" Daily Mail
  47. ^ Danish Medicines Agency (9 March 2009). "Classification of electronic cigarettes". Danish Medicines Agency. Retrieved 22 February 2010.
  48. ^ Jakob Kjær (7 May 2009). "Elsmøger smyger sig uden om rygeloven". Politiken.dk. Retrieved 25 October 2010.
  49. ^ "Tupakan esilläpitokielto voimaan - Sähkötupakan mainonta lainvastaista". Valvira.fi. Retrieved 29 February 2012.
  50. ^ Helsingin Sanomat: "Sähkötupakan myynti kiellettiin Suomessa" Retrieved 6 March 2011
  51. ^ Press release Finnish Customs, 26 November 2010, Retrieved 6 March 2011
  52. ^ Veselības ministrija. Vm.gov.lv. Retrieved on 2011-04-27.
  53. ^ Dutch Ministry of Health, Welfare and Sport (28 January 2008). "Health minister seeks European consensus on e-cigarette". MinVWS.nl. Retrieved 20 March 2008.
  54. ^ http://www.lyx-cigarettes.de (news section) Retrieved on 2012-01-25.
  55. ^ "Abgrenzungsbeirat gemäß § 49a AMG BMGFJ-Information betreffend elektrisch betriebene Nikotininhalatoren, insbesondere RUYAN" (PDF 29 KB). Austrian Agency for Health and Food Safety. 18 April 2007. Retrieved 21 September 2011.
  56. ^ Arnold Schwarzenegger (12 October 2009). "SB 400 Senate Bill -Veto". California State Senate. Retrieved 4 November 2009.
  57. ^ Livio, Susan K. (7 December 2009). "N. J. Assembly Approves E-Cigarette Ban". North Jersey Star.
  58. ^ Marconi, Michael (2 February 2010). "Senator's bill aims to keep electronic cigarettes away from kids".
  59. ^ "hb 1541". gencourt.state.nh.us. Retrieved 18 April 2011.
  60. ^ "Azleg.gov". Azleg.gov. Retrieved 18 December 2010.
  61. ^ "King County bans electronic cigarettes". 16 December 2010.
  62. ^ "Ruling OKs e-cigarette use in Pierce County bars, workplaces". 2 June 2011.
  63. ^ "Teen pleads guilty to plane ruckus, faces DUI". foxnews.com. Retrieved 02 August 2012. {{cite web}}: Check date values in: |accessdate= (help)
  64. ^ "Teen arrested in flight ruckus sang of bin Laden". usatoday.com. Retrieved 02 August 201. {{cite web}}: Check date values in: |accessdate= (help)
  65. ^ "Dangerous goods". united.com. Retrieved 02 August 2012. {{cite web}}: Check date values in: |accessdate= (help)
  66. ^ "Linn County Supervisors Approve Ordinance Requiring Permit to Sell Unregulated Nicotine Products, Ban Sale to Minors". Linn County, Iowa. Retrieved 22 April 2012.
  67. ^ Helen Parker and Chloe Lake (19 January 2009). "E-cigarettes being sold online". News.com.au. Retrieved 19 January 2009.
  68. ^ Therapeutic Goods Administration (15 October 2008). "National Drugs and Poisons Schedule Committee -record of reasons of meeting 54" (PDF). Australian Government Department of_Health and Ageing Therapeutic Goods Administration: NDPSC document (chapter 12.1.3 at p.126-144). Retrieved 13 May 2009.
  69. ^ Stark, Jill (12 December 2010). "Banned e-cigarettes may be a health hazard, but buying them's a wheeze". The Age. Australia. Retrieved 17 December 2010.
  70. ^ Neri Vitor Eich (31 August 2009). "ANVISA proibe comercializacao do cigarro eletronico". Estado.com.br. Retrieved 15 November 2009.
  71. ^ "Tobacco Control Office Department, Hong Kong". Tobacco Control Office Department, Hong Kong. Retrieved 19 July 2012.
  72. ^ "The Himachal Pradesh Prohibition of Smoking and Non-Smokers Health Protection Act, 1997" (PDF).
  73. ^ Yaritza Gricel Mojica (22 October 2009). "Advierten sobre cigarrillos con veneno". Prensa.com (Panama). Retrieved 20 January 2010.
  74. ^ Janice Heng (20 July 2010). "Ban on new tobacco products". The Straits Times. Retrieved 13 January 2011.
  75. ^ "전자담배 즐기는 아들". Seoul.co.kr. 2 April 2011. Retrieved 29 February 2012.
  76. ^ La cigarette électronique débarque à Genève | Tribune de Genève. Tdg.ch. Retrieved on 2011-04-27.
  77. ^ "Keine Tabaksteuer für elektronische Zigarette". nzz.ch. 21 December 2011. Retrieved 29 February 2012.