E-cigarettes: Piecing together the regulatory puzzle

The market for electronic cigarettes has increased exponentially over the past few years.  With the emergence of television and magazine advertisements that are reminiscent of cigarettes ads from days gone by, they are squarely in the public’s consciousness.  Unfortunately, while there are hundreds of manufacturers making thousands of different e-cigarettes products, the public health community has little understanding of their potential health effects on users and there is no cohesive regulatory structure in place.  There seems to be a great deal of uncertainty in the general public regarding whether e-cigarettes have been shown to be effective tobacco cessation tools. 

In 2014, the FDA issued proposed regulations for e-cigarettes, but there is no timetable as to when these rules may be finalized.  Until that time, e-cigarettes exist in a federal regulatory void.  In addition, as proposed, the regulations would not provide a comprehensive regulatory structure.  As a result of the patchwork of state and local regulations, in many parts of the country, e-cigarettes, which typically contain highly-addictive nicotine, can be purchased by anyone, regardless of age, and are not subject to other laws that pertain to tobacco products.    

Over the past several years, many states and local governments have taken steps to include e-cigarettes in their youth access, licensing, tax, product packaging and smoke-free laws, but the overall regulatory landscape is haphazard, at best.    

This session will describe the proposed FDA deeming regulation, identify areas of coverage as well as gaps, and discuss the process by which the rule could become final.  It will also identify options for state and local governments to regulate e-cigarettes to create a more uniform regulatory structure.   Finally, it will discuss some of the policies that have been enacted in jurisdictions throughout the country.