Parker Waichman LLP

FDA Considering Banning Online Sales of e-Cigarettes

The U.S. Food and Drug Administration (FDA) is considering a potential online sales ban of electronic cigarettes (e-cigarettes). The agency has been in discussions with the e-cigarette industry, according to The Wall Street Journal, and is preparing a series of proposed regulations, people who are familiar with the matter said. In 2009, the FDA warned […]

potential_e-cigarette_banThe U.S. Food and Drug Administration (FDA) is considering a potential online sales ban of electronic cigarettes (e-cigarettes).

The agency has been in discussions with the e-cigarette industry, according to The Wall Street Journal, and is preparing a series of proposed regulations, people who are familiar with the matter said. In 2009, the FDA warned that e-cigarettes could present health risks.

The agency is scheduled to formally present its proposals this October and is hearing industry’s views on regulation of the devices. The so-called “listening sessions” are taking place at agency headquarters in Silver Spring, Maryland and involve a series of meetings and conference calls that industry requested, according to the Journal.

As part of that effort, company executives have discussed with the FDA an online-sales ban to minimize the likelihood of minors using the products, as well as whether the minimum age for the product should be 18 or 19, those familiar with the discussions said. The FDA is also reviewing television, radio, and print advertising standards for the e-cigarettes, according to the people, wrote the Journal. Mitch Zeller, director of the FDA’s Center for Tobacco Products is overseeing the project.

Mr. Zeller told the Journal in an interview that he seeks to publish the proposed regulations in October. “It is true that more research is needed on the health effects of e-cigarettes. However, we do not need more research on whether e-cigarettes should or should not be included in proposed FDA regulations,” he noted.

Analysts estimate United States e-cigarette sales will reach $1 billion in 2013 and will likely go as high as $10 billion in five years, according to  Bonnie Herzog, with Wells Fargo Securities. Some 45 million Americans smoke and, in 2011, smokers purchased 293 billion cigarettes, according to the U.S. Centers for Disease Control and Prevention (CDC), the Journal reported.

As we’ve written, the use of e-cigarettes, or electronic nicotine delivery systems, is on the rise globally, but with little information on related health effects. e-cigarettes burn and vaporize nicotine and other ingredients in its cartridge, via an aerosol created when heated. No information exists concerning the chemicals in the aerosolized vapors.

The batteries, atomizers, cartridges, cartridge wrappers, packs, and instruction manuals included with e-cigarette purchases do not contain critical information about ingredients, use, and important warnings. The cartridges can leak, releasing nicotine to children, adults, pets, and the environment. Nicotine, a key component in the manufacture of cigarettes, is an addictive and dangerous chemical.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Had a great experience with Ashley and Gina. Would recommend them in a heart beat!
Maria Rivera
4 years ago
5 Star Reviews 150
Positive: Professionalism Always kept me informed in a timely manner
Donald Dodson
2 years ago
5 Star Reviews 150
Alex explored the position of each defendant to assist in making an informed decision on my part. I appreciate his efforts to explore options and resolve the case. Thank you for your diligence.
asha bell
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038