E-Cig Tipping Points vs. FDA Deeming Regulations

Abstract

E-cigarettes and related vapor products (e-cigs) are here to stay. They have tipped from a fad to a permanent part of the tobacco product scene. They now constitute a ten year old multibillion dollar industry in the United States. More likely than not, they offer personal and public health benefits far exceeding theoretically plausible harms. The current FDA “deeming” regulations threaten to eliminate more than 99% of e-cig products by imposing requirements so costly that few can afford to apply. Federal regulation of all tobacco-related products is needed to best protect the health of the public. Instead, the current regulations protect cigarettes from competition from e-cigs and other lowrisk alternatives and threaten to drive dedicated e-cig users back to cigarettes or to hazardous contraband and home-made products. Alternatives to the current regulations are proposed.