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FDA proposes first regulations for e-cigarettes
Utah reaction » State already has some of the proposed federal restrictions in place.
First Published Apr 24 2014 08:30 am • Last Updated Apr 24 2014 10:57 pm

Washington • The federal government wants to ban sales of electronic cigarettes to minors and require approval for new products and health warning labels.

While the proposal being issued Thursday by the Food and Drug Administration won’t immediately mean changes for the popular devices, the move is aimed at eventually taming the fast-growing e-cigarette industry.

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The agency said the proposal sets a foundation for regulating the products but the rules don’t immediately ban the wide array of flavors of e-cigarettes, curb marketing on places like TV or set product standards.

Any further rules "will have to be grounded in our growing body of knowledge and understanding about the use of e-cigarettes and their potential health risks or public health benefits," FDA Commissioner Margaret Hamburg said.

Members of Congress and public health groups have raised concerns over e-cigarettes and questioned their marketing tactics.

"When finalized (the proposal) would result in significant public health benefits, including through reducing sales to youth, helping to correct consumer misperceptions, preventing misleading health claims and preventing new products from entering the market without scientific review by FDA," said Mitch Zeller, the director of the FDA’s Center for Tobacco Products.

Utah already has some of the e-cigarette restrictions being proposed. Under Utah state law, consumers must be at least 19 to buy or possess an e-cigarette.

And last fall, Utah Vapors — a consortium of e-cigarette retailers — implemented new standards designed to limit youth access and improve the safety and quality of the nicotine liquids they manufacture. About 25 retailers and manufacturers of e-cigarettes exist in Utah, and almost all have adopted the new standards.

"We’re already hitting the nail on the head as far as those regulations go," said Riley Farr, co-owner of Vapor Craziness in Salt Lake City.

He added that other regulations that may be adopted by the FDA, including documentation and fee requirements, may "stifle small business."

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"The majority of the market is small shops who will really be hurt by strict regulations," he said. "They’ll be giving the business to big tobacco companies that can pay fees."

In February, Davis County Board of Health took its regulations a step further, limiting the nicotine content in electronic cigarettes and prohibiting claims that the devices can aid smokers in kicking the habit.

The regulations also require that the liquid used in e-cigarettes be packaged in containers with childproof caps and the ingredients be clearly labeled, including the amount of nicotine.

Lewis Garrett, director of the Davis County Health Department, sees the FDA’s proposed regulations as a good first step.

"We’ve felt for some time that there needs to be some federal standards that would regulate e-cigarettes as a tobacco product," he said. But since these are proposed regulations that are now open for public comment, "it will be quite some time before we have actual regulations in effect," he noted.

Also on Thursday, the FDA proposed extending its authority to regulate cigars, hookah, nicotine gels, pipe tobacco and dissolvable tobacco products.

Public health advocates said the FDA proposal is a critical step in reining in marketing of the new products. But they also said it comes after an "inexcusably long delay," pointing out that the FDA first announced its plans to regulate e-cigarettes in April 2011.

"It is inexcusable that it has taken the FDA and the Administration so long to act. This delay has had serious public health consequences as these unregulated tobacco products have been marketed using tactics and sweet flavors that appeal to kids," the Campaign for Tobacco-Free Kids said in a statement.

Once the new rules are finalized, the agency could propose more restrictions on e-cigarettes. Officials didn’t provide a timetable for that action.

"The devil will be in the details of future regulatory decisions," said Jeff Stier, senior fellow at the National Center for Public Policy Research, a conservative think tank in Washington. "If the regulations are too heavy-handed, they’ll have the deadly effect of preventing smokers from quitting by switching to these dramatically less harmful alternatives."

The FDA said the public, members of the industry and others will have 75 days to comment on the proposal. The agency will evaluate those comments before issuing a final rule but there’s no timetable for when that will happen. The regulations will be a step in a long process that many believe will ultimately end up being challenged in court.

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