Here’s an update:

THE FDA
For the past few months, the FDA has been stopping a few smaller shipments of electronic cigarettes at the border. In the past couple weeks, they have begun stopping large shipments being brought in by some of the larger suppliers in the United States. One of those suppliers has decided to sue the FDA. The argument is that the electronic cigarette is functionally a cigarette and thereby falls outside the jurisdiction of the FDA. The FDA’s stance appears to be that the electronic cigarette is a medical device and the nicotine solution is a new drug. Together they are a combination product. The actual stance of the FDA will become clear very soon as they apparently plan a media blitz to publicize the FDA stance on the electronic cigarette.
UPDATE: The FDA media blitz was postponed indefinitely
UPDATE: NJoy has officially entered the lawsuit of the FDA vs the Electronic Cigarette
UPDATE: The FDA made an announcement on electronic cigarettes and misled the public about electronic cigarettes in an apparent attempt to influence the lawsuit and/or turn the public against the product.
UPDATE: A group of electronic cigarette smokers has filed an Amicus Brief in the lawsuit against the FDA.
UPDATE: A Federal Judge has given Smoking Everywhere and NJoy an injunction against the FDA to stop them from seizing anymore shipments.
UPDATE: The FDA appealed Judge Leon’s injunction and the Court of Appeals granted a temporary stay of the injunction while they review the case.

THE ELECTRONIC CIGARETTE ASSOCIATION
A few weeks ago, a bunch of electronic cigarette suppliers met in Chicago to begin the formation of the Electronic Cigarette Association. The Association’s goal will be to battle misinformation about the e-cigarette, to educate the public and policy makers about the product, to ensure electronic cigarette suppliers and manufacturers follow certain safety, labeling, and marketing guidelines, and to work with policy makers to ensure smokers have the right to choose an alternative to a known killer. Matt Salmon has been nominated as the President of the ECA. View Matt Salmon’s Video Message.

THE WAXMAN TOBACCO BILL
As we speak, the Senate is getting ready to vote on the Waxman Tobacco Bill, officially known as the Family Smoking Prevention and Tobacco Control Act. This Bill gives the FDA the authority to regulate tobacco. Although this sounds like a great idea, the issue is this: Philip Morris (Altria) supports the Bill. Once read, it is easy to see why. The Bill allows the FDA to keep smoking alternatives off the market. Although they are limited in that they can’t keep all alternatives off the market, they can pick and choose. Philip Morris also gets a position on an advisory board dealing with the regulation of these products. Although it is a non voting seat, it still allows them to influence which competing products are allowed to be brought to the market.
UPDATE: The Waxman Bill has become The Kennedy Tobacco Bill
UPDATE: The FDA Tobacco Bill was signed into law by President Obama, but the language in it appears to exclude the electronic cigarette so long as it doesn’t contain a tobacco product.

ELECTRONIC CIGARETTES VS TOBACCO CIGARETTES
The stance that Instead Electronic Cigarettes takes is this: the electronic cigarette is an alternative to tobacco cigarettes. Tobacco cigarettes kill hundreds of thousands of Americans each year. Is the e-cigarette safer? Not sure yet….but compare the ingredients. ELiquid is made up of propylene glycol, water, flavoring, and nicotine. Tobacco smoke contains Ammonia, Acetone, Arsenic, Carbon Monoxide, Cyanide, Formaldehyde, Methane, Nicotine, Tar, Toluene to name some of the bad ones out of the almost 5000 chemicals found in tobacco smoke. There has been some testing done on the electronic cigarette in other countries with very positive results. Testing is underway in the US. People have been using the electronic cigarette for about 7 years worldwide. There have been no reported cases of ill effects (unless you are allergic to propylene glycol, in which case the vapor will cause irritation). Why is the electronic cigarette being held to higher standards than tobacco cigarettes? And if it is higher standards you want, what are they? We as an industry are happy to comply with reasonable standards. With that said, if we push the e-cigarette through the pharmaceutical route, it may be years before we see it and it will likely get priced the same way that the nicotine gum is…..more expensive than smoking. Why does the FDA insist on making anything with nicotine in it jump through so many hoops? Is nicotine or smoking the problem? Are they trying to keep people smoking tobacco? Seriously.

PUBLIC HEALTH ORGANIZATIONS
So, why are many (not all) of the larger public health organizations against the e-cigarette? For one, misinformation. Many believe the e-cigarette is being marketed to kids. While this may be true of some unscrupulous suppliers, the vast majority of US suppliers do not market or sell to kids and don’t want kids to use this adult product. In fact, we at Instead don’t want non smokers to use it. We just want every smoker in the world to switch to e-cigarettes. That’s it.

Another argument is that companies are marketing the electronic cigarette as a quit smoking product. Again, this is true of some, but not of the vast majority of US suppliers. We at Instead don’t believe this is a quit smoking product. We believe it is an alternative….something else to do. It may or may not be better for you, but it should be the choice of the smoker to decide what is best for him or her. It is sad that public health organizations haven’t taken a more active role in determining the safety of the e-cigarettes and doing a scientific comparison of the vapor vs tobacco smoke. Instead, they have chosen to come out against it with no basis other than “it hasn’t been proven to be safe”. True, but it certainly hasn’t been proven to be unsafe either. We as an industry are moving to provide scientific data about the safety of the e-cigarette. We just need a little time. A little help might speed things up.

WHAT WILL HAPPEN
That is the 2 Billion+ dollar question. There are undeniably large forces with a vested interest in this market. As an e-smoker or as someone who cares about the damage caused by tobacco smoke, we need your help. We are a small industry. We are small American businesses. But with a little public support, we have a chance to balance the scales. They may have the money, but we can have the numbers.

WHAT CAN I DO?
1) Write your Senators and other elected officials. Tell them about your experience with the electronic cigarette. Send it certified mail. Find out who is your Senator . Find out who is your Congressman. Write President Obama.

2) Contact your local Tobacco Free Kids, American Lung Association, American Cancer Society and other public health organizations to inform them about your experience with the electronic cigarette. Give your money away wisely.

3) Contact The FDA to express your opinion about the electronic cigarette.

4) Tell those around you about the electronic cigarette and what is going on.

5) Create a video about your experience and email it to us. We are working with others to put together a compilation video of esmokers discussing their experience.

6) Sign up for the newsletter and give money or time to the Electronic Cigarette Association.

CONCLUSION
The electronic cigarette represents a choice to a known killer. Choice is not only good, it is the fundamental basis of our society. Choice is freedom.