In 2011, a federal court in the USA gave the Food and Drug Administration the permission to regulate e-cigarettes under the same laws as tobacco consumption. This was due to the fact that these devices provide nicotine just like the real thing. In the UK, the government has taken a different stance and according to the NHS, they are to be considered a medical aid to help smokers kick the habit. This will be brought into play in 2016 and until that date it is thought that e-cigarettes will remain in that grey area that allows their sales to be largely unregulated.

It's not clear to me whether the TCLC has simply not considered the impact of its recommendations or whether the Consortium actually wants to see a de facto e-cigarette ban. Either way, if the FDA adopts these recommendations, it would be a total disaster for the public's health and a great victory for the cigarette market.

While it is theoretically possible that an electronic cigarette company could some day get a full reduced risk claim approved, the regulatory burden is extreme. Not only would the company have to show that the product is safer than smoking, but the company would also have to demonstrate that the product will not deter smokers from quitting and will not introduce youth to the use of nicotine. The studies required would be substantial. For most companies, the costs would be prohibitive. It would take many years before any company could even have a reasonable chance of getting such an application approved and by then it will be too late for the market to continue to expand.

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