Media Questions Why We Fought to be Regulated as a Tobacco Product

NICMAXX has been serving the e-Vapor market for over seven years and in that time the product technologies have evolved greatly with now over 6 million Americans having transitioned to e-Vapor from tobacco cigarettes but sadly the media still is vastly ignorant to the facts and science behind e-Vapor. I did an interview this morning with a very nice gent who was doing a story on schools now “banning” e-cigarettes and what our position was on this issue. I told him the association we co-founded in 2008, the TVECA, was in favor of “use restrictions” of e-Vapor products as they are regulated as tobacco products-successful litigation brought by Ray Story CEO of the TVECA. He seemed to be taken aback by our position as my assumption is that his intuition told him that we, the industry, should be livid and actively lobbying for e-Vapor’s use to not be banned anywhere. Not the case. We successfully fought the FDA to regulate e-Vapor products as a tobacco product as if not, e-Vapor products would have been regulated as a drug device combination as that was the FDA’s position and was ceasing products and removing them from the market. So many people are aghast that we actually fought to be classified as a tobacco product.

We ask you follow our logic: if we are not a tobacco product and “unregulated” as so many believe we should be, than, for example, what would Laguna Beach have done when in August of 2013 its city council brought up for vote what to do with these new e-Vapor products. I was at that meeting and spoke to the council. Their city attorney’s position was that after his research he concluded that the “FDA found toxins, cancer nitrosamines and other dangerous chemicals” and the council should ban their use and sale in the city. I spoke to the council and stated that the FDA report he cited was scientifically refuted by many and that due to our associations actions, e-Vapor products are regulated as tobacco products by the FDA ( I noted to the council that interstate commerce laws prohibit the city from banning a legal tobacco product’s sale but we would like to discuss responsible use restrictions if the council felt, after the review of the available science on e-Vapor products, that it needed to restrict their use in the city. After all spoke on the issue the council voted to not to take any action at all. ( .

This same issue has been debated at countless city councils and state legislatures and in not a single case has any legislative body banned the sale and availability of e-Vapor products as there is no legal stance to do so. Does the reader now see that the path of successfully litigating for e-Vapor to be regulated as a tobacco product has kept these fabulous products available as if they were unregulated any state or civic legislative body would have the legal authority to classify the technology as they choose and many, many would have chosen to ban their sale.

Leave a Reply