FDA Loses Appeal, Can’t Regulate E-Cigarettes as a Drug

Vapor Corp.  is delighted to announce today’s  significant victory for the electronic cigarette industry. A U.S. federal appeals court found that as long as electronic cigarettes aren’t marketed as a way to treat or cure a disease, i.e., smoking cession aids,  the U.S. FDA lacks the authority to regulate these products under the Federal Food, Drug, and Cosmetic Act (“FDCA”), and has no authority to block importation of these electronic cigarettes. “Together, Brown and Williamson and the Tobacco Act establish that the FDA cannot regulate customarily marketed tobacco products under the FDCA’s drug/device provisions, that it can regulate tobacco products marketed for therapeutic purposes under those provisions, and that it can regulate customarily marketed tobacco products under the Tobacco Act. Of course, in the event that Congress prefers that the FDA regulate e-cigarettes under the FDCA’s drug/device provisions, it can always so decree,” the Court declared.

“We are extremely pleased with this court ruling,” says Kevin Frija, President and CEO of Smoke 51. “The ruling finally resolves any lingering doubt which has challenged the electronic industry for quite some time now. Vapor Corp. has always been proactive in taking many steps to ensure the responsible marketing of our electronic cigarettes. Vapor Corp. in no way markets its product as smoking cessation devices; we market our product as an alternative to smoking traditional tobacco cigarettes, added Mr. Frija. “There are over 1 billion smokers in the world today, and recreational tobacco is a 100 billion+/year industry. Vapor Corp. is the industry leader for electronic cigarettes, and we have been working diligently to enter into very visible distribution channels across the United States. With today’s legal victory, we are best positioned among our competitors to quickly capture an even greater market share for our products,” added Mr. Frija.

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Top Ten Reasons to Switch to E-Cigs Instead of Quitting

Electronic cigarettes are battery-operated devices that mimic the look and feel of smoked cigarettes. The cartridge vaporizes liquid nicotine, so there is no combustion, and no tobacco or any of the known carcinogens found in traditional cigarettes.

Vapor4Life, a leading manufacturer of electronic cigarettes, cites recent studies that show more than 80 percent of e-cig users have either quit traditional smoked tobacco, or greatly reduced their intake. They offer their top ten list of reasons why anyone considering quitting smoking should try their Original Vapor King tobacco alternative.

1.     E-cigarettes simulate all of the habits involved with smoking—holding the cigarette, putting it to your mouth, and exhaling a satisfying cloud of smoke. Patches and pills simply deliver nicotine.

2.     Despite the cloud of “smoke” that’s emitted, it’s actually vapor. There’s no combustion and nothing is burnt—and they aren’t prohibited by most indoor smoking bans.

3.     Many users greatly reduce their consumption of tobacco within days, or even quit entirely.

4.     The Vapor King comes in various nicotine strengths from low and nicotine-free, to extra-high.

5.     The Vapor King comes in 120 flavors—not just traditional tobacco and menthol, but also blueberry, white chocolate, butterscotch, watermelon, and more.

6.     The “smoke” is thick enough to blow smoke rings, but dissipates quickly, and so does the scent.

7.     E-cigarettes won’t stain teeth or fingers, or make your hair, clothing, or furniture smell like smoke.

8.     No more ashtrays to clean. No more accidental scorch burns in your car or on your carpet.

9.     Manufacturers say that the Vapor King produces the most vapor and has the most satisfying throat hit of any brand of electronic cigarettes.

10.  The Vapor King comes with a 45-day warranty.

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Rush Limbaugh Bashes the “Bullying” FDA

Conservative commentator Rush Limbaugh is railing against what he sees as the bullying tactics of pharmaceutical companies, big tobacco, and the FDA. On his radio show, Rush responded to fans who saw him smoking on his “Ditto Cam,” saying that he was actually using an electronic cigarette by the Hawaii company Volcano. He pointed to a Wall Street Journal article from August 25, “E-Cigarettes Spark New Smoking War,” as evidence that he’s cutting edge and brings media attention to new technologies.

Limbaugh summarized the article for his listeners: “It’s all about how the FDA wants to, in fact, they have been intercepting shipments of these products that are made overseas as they come in. A lot of people now want to have the FDA inspect these, conduct trials and tests and make sure they’re safe, and regulate them because they’re a ‘drug delivery system,’ i.e. nicotine in the cartridge.” He hypothesized that “Big Drug” was behind the effort, because the pharmaceutical industry is responsible for regulating nicotine gum and patches.

Many e-cigarette manufacturers are careful to downplay their device’s role in smoking cessation to avoid the FDA’s attention. FDA trials could be lengthy and costly, and  “could be the death of the burgeoning industry, or force ‘vapers’ to go underground.” They see Limbaugh as an ally in a battle where they see small e-cig companies as David to the FDA’s Goliath.

Limbaugh uses Volcano brand e-cigarettes, and he described them to his listeners “They’re made up of three parts, an atomizer, a battery, and a cartridge. Now the cartridge has liquid, has nicotine in it, and when you suck on it the battery powers the atomizer and turns the liquid into a vapor.” Volcano’s marketing doesn’t mention smoking cessation, but their user forums are full of anecdotes and testimonials from customers who have used the device to quit smoking traditional tobacco products.

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Customers to Be Wary of Free E-Cigs

Vapor4Life, manufacturers of the Vapor King e-cigarette, are warning customers against phony and deceptive marketing offers from unauthorized sellers. Customers are being tempted by free trials that end up locking customers into expensive subscription plans. Unscrupulous manufacturers are also using the Vapor King name on unlicensed generic products.

Since the e-cigarette industry isn’t regulated, it’s susceptible to knockoffs and scams. Steve Millin, Vapor4Life president, wants to be sure that people are aware that they can only buy official Vapor King products at their website. “We get complaints daily. “Customers have bought these imitations, but there’s nothing we can do about it. You can only buy the V4L Original Vapor King at the Vapor4Life website.” The copycats and scams shake consumer confidence, Milin says, which affects his company’s reputation. “Our customers are loyal because we offer the best products, constant improvements, and an unbeatable warranty.”

Many e-cigarette manufacturers purchase stock materials and simply brand them with their own logo, but Vapor4Life products are manufactured under the watch of Daniel Henschel, vice-president of product development, in China to strict company requirements, and they maintain an active research and development department. Milin says that this attention to detail and quality is what makes his company so attractive to scammers and knock-offs. These generic cigarettes are made with no quality assurance and offer no warranty, Milin warns. One way to be sure a product is an official Vapor King is to make sure it has only a cartridge and a battery, rather than a three-piece device. Vapor King also comes with one of more than 100 premium e-liquids, manufactured under the names Nobacco Juice or WOWvapor.

In addition to receiving generic cigarettes with unauthorized branding, Vapor4Life’s vice-president for customer relations Mark Dohse reports that many people who sign up for free trials find themselves trapped in a subscription plan. Many “free” trials automatically sign the customer up for a monthly subscription plan where they’re charged for refill cartridges. The scam companies are often difficult to contact and uncooperative when it comes to cancelling unwanted subscriptions. “We hear from customers all the time who have lost a lot of money on bogus offers, and all they got were bad products, and found themselves locked into a subscription for overpriced cartridges,” Dohse says. He advises customers not to respond to any free e-cig offers and avoid subscription plans.

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New Two-part Primax Electronic Cigarette

Primevapor.com introduces their new Primax Electronic Cigarette System, a two-part device that the company says produces more vapor and more flavor. The Primax system uses U.S.-manufactured, vegetable-based compounds to flavor their liquid nicotine.

When users draw on the Primax, like they would a traditional cigarette, they get a hit of atomized nicotine along with unique flavorings and a large amount of vapor. The company says it provides the most realistic smoking-like experience, but with no combustion and no carcinogens. Users can “vape” a Primax Electronic Cigarette almost anywhere, indoors or out.

Jon Skovronski, one of Primevapor.com’s founders and the head of product development, says that the Primax is simply to use. “You simply screw a disposable flavor cartridge to the end of the battery and you’re ready to go. Skovronski is also proud of his company’s flavors. Morning Blend combines flavors of tobacco, coffee, and chocolate. There’s a complex interplay between the powerful flavors of tobacco and coffee. “We add a touch of honey to provide just enough sweetness without becoming overbearing,” he says. “Morning Blend provides a tremendous amount of flavor but manages to keep it smooth and creamy.”

Any electronic cigarette users who have the KR808D batteries can use the Primax cartridge, so even users of other devices can try the new flavors.

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Vapor4Life President Introduces WOWvapor Electronic Cigarettes

The fastest growing e-cig company in the United States, Vapor4Life, has introduced a new product that they say has better flavor, “throat-hit,” and vapor of any electronic cigarette on the market. Company president Steve “Smilin’” Milin announced the premier of his company’s latest product line, WOWvapor, designed to give more vapor, more intense and realistic flavor, and improved “throat-hit.”

Electronic cigarettes, or e-cigs, use a battery-operated cartridge to atomize liquid nicotine. The devices mimic the physical experience of smoking without any of the carcinogens found in smoked tobacco. Many devices come in three pieces, a battery, a cartridge containing the liquid nicotine, and an atomizer. Vapor4Life’s flagship product, the Vapor King, uses only a battery and a combined cartridge/atomizer that the company calls a “cartomizer.” This simplified device is easier to use and less messy, says Milin.

The new WOWvapor product line is guaranteed to be the best e-liquid anywhere, according to the company. One pack of cartomizers costs about $1.89, and provides the equivalent of one pack of cigarettes. New flavors in the WOWvapor line include peppermint, butterscotch, caramel, apple cinnamon, cinnamon roll, cranberry, cola, vanilla, and cappuccino. Smilin’ Milin is sure that customers who “love vapor, throat hit, and taste, will be amazed” by the new line.

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10 Million Fewer Cigarette Butts in Landfills Thanks to Smart Smoke, Says E-Cig Manufacturer

Spokane, Wash.-based electronic cigarette manufacturer Smart Smoke says they’ve had 5,000 new customers in the last year, which they estimate has kept more than 10 million cigarettes from being smoked. The company says that the environmental impact is just one of the reasons that e-cigs are preferable to smoked tobacco.

Research on the negative health effects of cigarette smoking is conclusive. And with cigarette butts as the most common piece of litter, making up 1.7 billion pounds of non-biodegradable trash worldwide, the environmental impact of smoking is huge, too. The average cigarette filter takes up to 25 years to biodegrade. Cigarettes also contribute to deforestation. E-cigarette advocates estimate tobacco growing or curing is responsible for one in every eight trees that are cut down in the world.

Smart Smoke president Josh Jameson says, “Our products contain no tobacco, so there is no burning or combustion contributing to carbon emissions. And of course there is no secondhand smoke.” E-cigarettes involve no farming, so there is no deforestation or use of pesticides. “That’s significant,” says Jameson, “because growing tobacco requires the use of more pesticides per acre than any other crop.” Another benefit of smokeless e-cigs is the reduced risk of house fires. Cigarettes are the cause of 25% of fire-related deaths.

Electronic cigarettes, like those sold by Smart Smoke, give users the sensation of smoking, while they are actually inhaling vaporized nicotine and flavors. E-cigs don’t expose users or others to the carcinogens found in smoked tobacco.

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Former Winston Cigarette Endorser David Goerlitz Joins the InLife

For seven years David Goerlitz was the handsome face of Winston cigarettes. The pitchman starred in 42 commercials, and the company went from #4 to #2 in sales during his time in front of the camera. But in 1988, Goerlitz took a stand against the tobacco industry and earned accolades from numerous public health groups. Now, he’s baffled as to why those same groups won’t endorse electronic cigarettes, which supporters say are a safe alternative to smoked tobacco and an effective tool to help smokers quit.

When Goerlitz joined “The Great American Smokeout” in November 1988, many were surprised to see the rugged Winston Man speak out against his former employers. He’d come to see the damage that cigarette advertising could do, and his anti-smoking efforts earned him recognition from the World Health Organization, the American Cancer Society, the American Lung Association, and the American Heart Association. He’s traveled around the world speaking to more than 5 million young people urging them not to start smoking. Goerlitz now believes that electronic cigarettes are a crucial tool to help Americans quit smoking, and he’s teamed up with InLife to bring awareness to an issue he feels is not receiving coverage by the media.

Neither the FDA nor any recognized health advocacy group has endorsed e-cigarettes, something that Goerlitz finds “horrifying,” since e-cigarettes deliver nicotine without the tar, carcinogens, and 6,000 other chemicals that are found in cigarettes. InLife estimates that more than 800,000 Americans have tried e-cigarettes. Former model and actor Goerlitz says, “The electronic cigarette contains only 13 ingredients, all of which have been generally recognized as safe by the FDA and have been in the U.S. food supply for generations.”

Supporters of e-cigarettes point to 16 studies (outlined at truthaboutecigs.com/studies.php) that they say have not found any toxins or carcinogens in levels that are known to harm humans. However, the majority of these studied have been performed or commissioned by e-cigarette manufacturers. An FDA study, however, has confirmed that in some respects, e-cigs are up to 1,400 times safer than smoked tobacco.

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Smokers Who Use E-cigs to Quit Have a 45% Success Rate

A South African governmental study of 349 smokers shows that e-cigarettes are an effective smoking cessation aid. At the end of the two-month study, 45 percent of the participants had quit smoking. Six percent had quit by the end of the first two weeks, and more than half of the participants reported that they had more energy and felt that they looked better.

Medical professionals who participated in the study expressed overwhelming support of electronic cigarettes for smokers who are trying to quit. “An e-cigarette is the most effective treatment method on the market for quitting tobacco smoking,” says Dr. Clifford Hulley. Despite what supporters feels is overwhelming evidence, the FDA has not endorsed e-cigs as an official smoking cessation method. Martin Veller, the head vascular surgeon at the University of Witwatersrand has seen results in his own family. “My wife smoked traditional cigarettes heavily until the moment she replaced them with Green Smoke electronic cigarettes.” He advises his patients to consider e-cigs for their nicotine addiction instead.

Pretoria doctor Kishore Deva quit smoking himself using electronic cigarettes. He estimates that ten to fifteen puffs are the equivalent of the nicotine delivered in one tobacco cigarette, and advises that it is not nicotine that is responsible for the health risks associated with traditional cigarettes.

Another study performed by Health New Zealand in early 2009 determined that electronic cigarettes are not only safe as compared to smoked tobacco, but they are also safe in absolute terms. Head of research Dr. Murray Laugeson explains, “An electronic cigarette vaporizes very small quantities of nicotine dissolved in propylene glycol, two small well-known molecules with excellent safety profiles, into a fine aerosol. Each puff contains one third to one half the nicotine in a tobacco cigarette’s puff. The cartridge liquid is tobacco-free and no combustion occurs.”

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Electric Cigarettes Offer “Smoking” Convenience Without a Lighter

Battery-powered electronic cigarettes are becoming more and more popular. These high-tech alternatives to traditional cigarettes aren’t restricted by many smoking bans since they work by atomizing liquid nicotine rather than by burning tobacco and chemicals. Smokers who are thinking of trying e-cigarettes have the choice of two different types of device.

Three-piece electronic cigarettes come with a cartridge, atomizer, and battery. The cartridge, which is like the filter on a traditional cigarette, holds liquid nicotine on a sponge. Often the user needs to add nicotine to the sponge on a regular basis, and this unit is usually made of plastic. Some devices require frequent replacement of the cartridge. The atomizer is usually a steel unit that fits inside the cartridge. The atomizer screws into the battery and is usually not replaced regularly, which can lead to clogging. The more clogged the atomizer becomes, the less “smoke” the user receives when he or she inhales. When atomizers do need to be replaced, it’s at a cost to the user.

Green Smoke offers a two-piece electric cigarette that simplifies the design, among other advantages. In the two-piece design, the cartridge and atomizer are part of a single unit, which eliminates clogging and produces a more realistic amount of vapor. Every cartridge refill means a fresh atomizer. There are also no sponges that need to be refilled with tiny eyedroppers. Green Smokers just screw in a cartridge and they’re ready to go, so it’s easy to refill anywhere.

David, a Green Smoke customer, wrote about his experience with an early four-part electronic cigarette: “I almost cried when I got it because almost no smoke came out. Then both of the atomizers broke in the same weekend. I was always checking the cotton and fluid, and the battery was horrible.” He tried Green Smoke at a testing station and was convinced. “Green Smoke might cost a little more,” he says, “but in the end, you will be 100% satisfied.”

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