E-Vapor Products Regulation | FAQ | Nicmaxx
Answers in the Category "About e-Vapor Products Regulation/Legislation"
1. Are e-Vapor products approved by the FDA?
e-Vapor products are regulated by the U.S. Government as a legal tobacco product. There are no tobacco products of any kind or configuration that are approved by the U.S. Government or any governmental body. But, all ingredients used by all NICMAXX products are approved by the FDA and EPA for oral and inhalation use but the product itself is not approved by the FDA.
Please refer to: http://truthaboutecigs.com/science/9.pdf
Please refer to: http://nicmaxx.com/blog/media-questions-why-we-fought-to-be-regulated-as-a-tobacco-product/
2. Are e-Vapor products regulated?
e-Vapor products are regulated by the FDA as a tobacco product. State and local municipalities have domain to regulate where an e-vapor product can or cannot be used but they cannot ban its sale as it is a legal tobacco product. Per the FDA’s website:
The U.S. Court of Appeals for the D.C. Circuit, in Sottera, Inc. v. Food & Drug Administration, 627 F.3d 891 (D.C. Cir. 2010), recently issued a decision with regard to e-cigarettes and other products “made or derived from tobacco” and the jurisdictional line that should be drawn between “tobacco products” and “drugs,” “devices,” and combination products, as those terms are defined in the FD&C Act. The court held that e-cigarettes and other products made or derived from tobacco can be regulated as “tobacco products” under the Act and are not drugs/devices unless they are marketed for therapeutic purposes. The government has decided not to seek further review of this decision, and FDA will comply with the jurisdictional lines established by Sottera.
Please review: http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm252360.htm
3. Can I use e-Vapor products anywhere? Where are they prohibited?
e-Vapor products are regulated by the FDA as a tobacco product. As such local municipalities and states are determining individually where and where not e-Vapor products can and cannot be used. It is our position that e-vapor products use should not be constrained as they are not a product that is harmful at any level to humans and its social utility as the first product embraced by smokers should be encouraged. But to be sure, many cities and states have debated this issue and on their civic and state websites have regulations posted for e-Vapor use.
Please review: http://articles.coastlinepilot.com/2013-08-07/news/tn-cpt-me-0809-e-cigarettes-20130807_1_e-cigarettes-electronic-cigarettes-city-council
4. If e-Vapor products are so beneficial why aren't governments and anti-smoking groups supporting them?
It is our opinion from years of research, consumer feedback and now over 45+ completed scientific studies that NICMAXX e-Vapor products are highly beneficial for a smoker to transition to and provide for society a progressive option than to the smoking of tobacco products that we know kills over 450,000 Americans annually. Governmental bodies typically do not endorse consumer products and sadly, health institutions that should indeed support e-Vapor technologies and tout their social benefits to the public have not done so either citing the need for further study (of which there are now over 45 scientific studies completed on e-Vapor products) or they have benefitted financially to attempt to stifle the growth of the e-Vapor industry through making very misleading statements and/or lobbying state and local legislatures citing a need to either attempt to ban these products or greatly restrict their availability.
Please review: http://truthaboutecigs.com/scares_6.php
5. Will the government ban e-Vapor products?
The U.S. Government has domain to regulate tobacco products. In 2008 the Family Protection Act gave the FDA domain to oversee and regulate tobacco products. In the landmark December 10, 2010 D.C. Appellate “Court decision Sottera versus the FDA” the court determined that e-Vapor products are indeed tobacco products as their nicotine is derived from "leaf and stem of the tobacco plant”. As such, e-Vapor products are regulated as a legal tobacco products and as such no state or local legislative has the power to ban their sale. They can however regulate as they would any other tobacco product and restrict their use as they would any other tobacco product.
Please refer to: http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm252360.htm
Please refer to: http://nicmaxx.com/blog/media-questions-why-we-fought-to-be-regulated-as-a-tobacco-product/