It appears that manufacturers of electronic cigarettes (e-cigs) have shrugged off the efforts of the FDA to limit access to e-cigs and to point out safety concerns (read final FDA Report here).

One brand, Smoking Everywhere, has filed an injunction to try and halt the FDA’s authority to block import of these products, citing the FDA “lacks jurisdiction to regulate its product.” The FDA claims (and rightly so), “SE’s [Smoking Everywhere’s] product met the definition of both a drug and device under the Federal Food, Drug, and Cosmetic Act (FDCA).”

There has been a lot of maneuvering on the part of e-cig makers in recent months. The President of Njoy has written an open letter to the FDA challenging their findings that the product contains and delivers potentially dangerous chemicals. Manufacturers have dismissed concerns held by tobacco control experts that flavored e-cigs (apple, strawberry, vanilla, chocolate, mocha, almond, banana, and cherry) are a strategic maneuver to attract kids to these products. But can you imagine a dedicated Camel or Marlboro smoker saying, “Man I wish I had a good strawberry flavored cigarette”…? I don’t think so.

Undeterred by FDA threats against marketing and sales of these products, one e-cig product called Smoke Assassin has been aggressively running ads promoting their product on TV and radio. The testimonials on their website are clearly a disguised attempt to promote their product as a quit aide. They claim their product does not contain any nicotine, but cartridges from other e-cig manufacturers claiming no nicotine actually did contain nicotine.

I have said this before, and I will say it again. In theory, these nicotine delivery devices have the potential to help smokers quit, BUT the manufacturers of these electronic cigarettes need to agree to rigorous third-party safety testing so we can clearly understand what’s in them and whether they are safe. The manufacturers’ “word” is not good enough.

Until that happens, it’s all smoke and mirrors.