E-Cigarettes found to have Cancer Causing Chemicals by FDA – Product Liability

Another “new and revolutionary” product has hit the market, producing both excitement and controversy.  It is an electronic substitute for cigarettes that developers claim will not only help you quit smoking, but allow you to use this smoking substitute in non-smoking areas.  They are called e-cigarettes, and the problem is, there has been little research on their health effects for both users and those in proximity to them.  The US Food and Drug Administration (FDA) believe that this product will produce serious health hazards and has blocked shipments of e-cigarettes into the US.  They are also asking that it be designated a combination drug-device product that should fall under their jurisdiction, while manufacturers are challenging that designation in federal district court.

These e-cigarettes are tobacco-free, battery-operated devices that turn nicotine into a vaporized liquid solution that is inhaled by the user.  They are already being marketed to young people through venues that they frequent:  malls and on-line sites.  Moreover, they are especially appealing to the younger set because they come in flavors like chocolate, strawberry, and caramel.  Preliminary tests by the FDA show that e-cigarettes contain diethylene glycol, a toxic ingredient used in antifreeze, which can cause reproductive and fetal problems, along with its highly addictive primary substance, nicotine, which causes cardiovascular damage.  In addition, with the emphasis on youth marketing, the appeal may lead to more young people using e-cigarettes and tobacco, not less.  Finally, critics suspect that the nicotine in e-cigarettes is far more addictive than the proven nicotine-substitutes already on the market.  Supporters argue that there is not enough evidence to sustain those criticisms and that e-cigarettes are going to be a positive substitute for cigarettes. 

All this means potential users, manufacturers, and retailers should consider carefully before they invest too much time or money in this device.  Those who use this product before it has been adequately tested and approved may suffer serious health consequences for years to come.  Those who market and sell it may find that if it does have health consequences, they will face personal injury or product liability lawsuits that could cost them thousands, or even millions, of dollars.  In fact, Oregon had already charged two e-cigarette distributors with unlawful trade practices and contempt of court, with potential fines of $25,000 for each count, but the distributors agreed to halt sales until FDA approval.