Ecigs and therapeutic claim, what is the risk and where do we go?
A Stanford University School of Medicine study shows that cessation themes are prevalent across advertising by e-cigarette brands with implicit messaging predominating over explicit quit claims.
Over 6 months (January – June 2015) advertising by 23 leading e-cigarette brands through social media channels and blogs as well as user-generated content (testimonials) appearing within brand-sponsored Web sites were analyzed by Stanford researchers. They isolated an explicit claim of cessation efficacy with unambiguous statements in favor of smoking cessation success. They also point out implicit claims that use euphemisms such as “It works”.
E-cigarettes are currently regulated in the USA by the FDA as recreational products
E-cigarettes are currently regulated in the USA by the FDA as recreational products after the Congress gave the FDA jurisdiction over those products, enacting The Tobacco Control Act on June 22, 2009. For therapeutic purposes, as smoking cessation products for example, e-cigarette should rather be regulated by the FDA through the Center for Drug Evaluation and Research (CDER), a different entity.
As recalled by Patricia Kovacevic, General Counsel and Chief Compliance Officer for Nicopure Labs Nicopure Labs LLC, “FDA tried to regulate these products as drugs in 2009 but that attempt was challenged in court and FDA lost. That case was decided in 2010 (Sottera)“.
Vaping products could escape from the definition of a tobacco product and be regulated as drugs
Hence, if officially considered as a drug, vaping products could escape from the definition of a tobacco product and be regulated as drugs rather than as a tobacco product. The FDA initiated a rulemaking to provide clarity regarding the interpretation of the drug and device definitions in the FD&C Act with respect to products made or derived from tobacco.
- Ali Esmaili