Lawmakers Pressure E-Cig Regulations

blogimagecigarette3As detailed on this blog, the Food and Drug Administration (“FDA”) previously gave notice that it would publish its long-awaited electronic cigarette (“e-cig”) regulations in April 2013.   In accordance with these representations, we have closely monitored all FDA outlets for news of the proposed regulations.  At the end of April, we were disappointed to learn that not only would the FDA fail to issue the proposed regulations, but it also would not be publishing the promised list of dangerous chemicals found in e-cigs and testing / reporting requirements for tobacco additives.   Based on a letter to the FDA, signed by several U.S. Senators, it seems that we are in good company.

Senators’ Letter to FDA

Five U.S. Senators — Senators Dick Durbin (D-Ill.), Frank Lautenberg (D-N.J.), Richard Blumenthal (D-Conn.), Sherrod Brown (D-Ohio) and Jack Reed (D-R.I.) — submitted this letter to FDA Commissioner Margaret Hamburg, requesting that the FDA promptly act to regulate the rapidly growing e-cig industry, whose user base has doubled since 2010.  The Senators stated that their concerns stemmed from the fact that that under current law, e-cigs can be marketed and sold to children with little knowledge of the long-term health effects.  This is the first time in recent memory that U.S. Senators have felt the need to admonish the FDA and you can be sure that such a public stance will not be taken lightly.

E-Cig Manufacturers Not Opposed to Reasonable Regulations

It is not only Democratic U.S. Senators that want to see the FDA pass e-cig regulations.  Over the past month, prominent e-cig manufacturers have communicated their support for the FDA to pass industry-specific regulations.  In addition, LOGIC Technology and FIN Branding Group’s respective CEOs spoke out requesting that the FDA issue manufacturing and quality control regulations, in addition to establishing uniform age restrictions.  With members of the industry also voicing their support for such regulations, we expect that the FDA will move this matter up on its list of priorities.

No official response from the FDA has been made as of yet, but we will keep you updated on the events as they unfold.

The development of the FDA’s new e-cigarette regulations should be of interest to anyone involved in the e-cigarette industry and those interested in product marketing in general. If you are interested in learning more about this topic or pursuing a venture in this area, please e-mail us at, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising


David Klein

David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Trending Topics

data CIPA law Swigert law consumer protection data on cumputer screen

Swigart Law Group CIPA Demands

Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these

Read More »