Thursday, April 24, 2014

FDA to Regulate E-Cigarettes

The FDA announced its plans to begin regulating E-Cigarettes today.  According to many consumers, the proposed regulations have taken too long already.  For example, a March 23, 2014, New York Times article titled "Selling a Poison by the Barrel: Liquid Nicotine for E-Cigarettes," explained that,

These “e-liquids,” the key ingredients in e-cigarettes, are powerful neurotoxins. Tiny amounts, whether ingested or absorbed through the skin, can cause vomiting and seizures and even be lethal. A teaspoon of even highly diluted e-liquid can kill a small child.

As a USAToday article explains, even "[t]he proposed rules won't ban advertising unless the products make health-related claims nor will they ban the use of flavors such as chocolate or bubble gum, which public health officials say might attract children."  Yet, the lawsuits so far have trended in the opposite direction of what one might expect.  The most widely advertised lawsuits to date are either brought on behalf of smokers challenging New York City's ban on "vaping" e-cigarettes in public places or over e-cigarette patents.

https://lawprofessors.typepad.com/mass_tort_litigation/2014/04/fda-to-regulate-e-cigarettes.html

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