Senator Lautenburg’s letter to the FDA reads:

March 23, 2009

The Honorable Frank M. Torti
Acting Commissioner
Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, MD  20903

Dear Acting Commissioner Torti:

I am writing to request that the Food and Drug Administration (FDA) take immediate enforcement action against manufacturers of “electronic cigarettes” and take these products off the market until they are proven safe.  In numerous media reports, the FDA has indicated that these products are considered drug-device combinations under the Food, Drug, and Cosmetic Act, and therefore require prior approval by the FDA before being sold in the United States.  However, e-cigarettes are currently being sold in mall kiosks across the country and on the Internet. 

Electronic cigarettes are being marketed as alternatives to cigarettes and other tobacco products.  They are usually battery-powered devices that use a vapor to deliver nicotine to the smoker.  When the smoker inhales through the device, air flow is detected by a sensor, which activates a heating element that vaporizes a nicotine solution stored in the mouthpiece.  This vapor may also be flavored and provide a physical sensation similar to that of inhaling tobacco smoke. 

Manufacturers and retailers of these products claim that e-cigarettes are safe, and even that these products can help smokers quit traditional cigarettes.  However, there have been no clinical studies to prove these products are effective at helping smokers quit, nor have any studies verified the safety of these products or their long-term health effects. The World Health Organization (WHO), in a release dated September 19, 2008, stated that, “WHO has no scientific evidence to confirm the product’s safety and efficacy.”

For these reasons, I believe the FDA must take immediate action to take these products off the market.   Thank you for your consideration of this request, and I look forward to hearing from you. 

Sincerely,

Sen. Frank R. Lautenberg (D-NJ)

Senator – You have done a great job changing how Americans look at smoking.  However, if you want a product removed from the market until they are proved safe, why don’t you start with tobacco cigarettes?  In the spirit of fairness, you should also mention that you accepted over $100,000 in contributions from pharmecutical companies that market smoking cessation products such as the patch and nicotine chewing gum.  Banning e-cigarettes would certainly help those companies wouldn’t it?