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Lombardi Law Firm

FDA E-Cigarette Ban


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1/6/2015
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The FDA proposed new rules in April 2014 that, if approved, would require manufacturers of e-cigarretes to gain pre-market approval within two years or they would have to remove their product from the market.  The grandfather date proposed in this rule would be February 2007, meaning that tobacco products on the market prior to that date would be allowed to continue in the market without review, but any products that entered the market after that date would undergo strict review by the FDA to determine whether they are safe enough to continue being sold.  Conventional cigarettes meet the grandfather deadline, but e-cigarettes did not exist prior to February 2007 and would have to meet the new strict requirements.  House Republicans, including Speaker John Boehner, have appealed to Health and Human Services Secretary Sylvia Burwell, seeking to move the grandfather date to April 2014 so that e-cigarettes would meet that deadline and not have to undergo regulatory scrutiny.  No decision has been made yet, but the FDA seems to be conscious of the results their proposed requirements would cause and may approve the proposed rules in order to impose stricture regulations on e-cigarettes.

Note from Attorney Lombardi: Recently, Barbara and I were on a flight from Dallas-Ft. Worth to Hawaii and a woman was smoking an e-cigarette while in-flight. Barbara saw her first and pointed her out. I watched her to make sure she was still smoking. She was and she was attempting to hide it. Her boyfriend was uncomfortable with what she was doing. I couldn't help but wonder if we'd blow up enroute. So... not one to sit around and wait I headed back to the galley. I asked if smoking an e-cigarette in-flight was permissible, since I assumed there is some combustion involved. The flight attendant took off running down the aisle to put a hault to this nonsense. She claimed to not know it wasn't permitted onboard. I wanted to say, "Really? Then why were you trying to hide it?" Until we know more about e-cigarettes and the risks involved, smokers need to be treated just like those smoking traditional cancer sticks, persona non grata.



Category: General


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