E-cigarettes represent a shining beacon of hope in the fight against tobacco-related morbidity and mortality, yet from a regulatory perspective they are invariably treated as tobacco or medicines – two things they are most certainly not. There is no therapeutic claim and no tobacco. The FDA is likely to deem e-cigarettes as tobacco products, and therefore attempt to regulate something with the potential to prevent over 400,000 deaths per year in the United States under rules designed for the cause of those deaths. Researchers, experts and concerned users see this as an unjustified approach. Instituting such rules would be nothing short of legislative malpractice. 

We urge lawmakers to:

• Create a new regulatory category for reduced harm products such as e-cigarettes, which accounts for their substantially reduced risk.
• Establish reasonable manufacturing standards, including a full ingredients listing on e-liquids and pre-filled cartridges, accurate nicotine concentration (within a reasonable range of that stated) and requirement for facilities to be free from sources of contamination.
• Establish legislation preventing the sale of e-cigarettes to minors – something already enacted by many states and companies themselves.
• Prevent the growth of a black market by establishing a maximum nicotine limit for e-liquid of 75 mg/ml, suitable for those who choose to mix their own liquids.
• Allow e-cigarette companies to continue to advertise, e-cigarettes be presented as an option to as many smokers as possible, in the interest of public health.
• Protect the wide variety of flavors and devices currently available to maintain user satisfaction and aid smoking cessation.