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Smoking of any kind has been banned from all North Carolina jails and prisons since March of 2010. Since then, according to Eddie Caldwell Director of the North Carolina Sherriff’s association, “jail staff have to contend with inmates suffering from nicotine withdrawal.” Which can potentially cause unneeded conflict between jail staff and inmates. Some county jails have turned to electronic cigarettes as the solution, and as Caldwell further states “There are a number of jails across the state that allow their inmates to purchase these e-cigarettes.” Much of the reasoning behind this decision according to Caldwell is officer safety, and that “traditional cigarettes create a risk of fire, the risk of secondhand smoke and other things like that,” Caldwell said, “that at least as far as I’ve heard are not a problem with e-cigarettes.”

I am not aware of any other federal law or regulation that prohibits companies from telling consumers the truth about their products as it relates to the primary benefit of the product. Hopefully, the FDA will see the error in its proposal and will reconsider its decision to subject electronic cigarettes to the provisions of section 911.


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