Tuesday, February 28, 2012

Electronic Cigarettes and the Law - Worldwide Legislation

By Tarikul Haque


The confusion in how to standardize smokeless cigarette sales and use is a global issue, with countries working towards creating laws to protect consumer health and meet obligations for designing constructive public policy. Singapore and Brazil were two early adopters of outright smokeless cigarette bans, but other governments are struggling for balance with the limited information available on risks and benefits.


The European Union faces a similar challenge to that of the United States. Umbrella legislation applying to drugs and medical devices doesn't quite cover electronic cigarettes, as most agree they are not meant for medical purposes. Therefore, similar to the individual ordinances passed in several states throughout the U.S., countries belonging to the E.U. are responsible for determining their own positions.


Denmark has resolute that electronic cigarettes delivering nicotine are, in fact, medical products, and therefore fall under the relevant law, which requires government authorization before any marketing or sales activity takes place in the country. As the government has so far withheld such authorization, electronic cigarettes cannot be bought, sold, or marketed in Denmark. Nearby Finland has a slightly differing view. Nicotine is considered a prescription medication, so while laws still ban the sale of nicotine cartridges in the country, electronic cigarettes with nicotine-free cartridges are legal. Travelers are relieved to note a special exemption, as Finland does allow visitors to bring in a three-month supply of nicotine cartridges (10 mg or less) for personal use.


To further complicate matters for tourists and lawmakers alike, some countries have publicly announced their opposition to electronic cigarette use, citing health concerns, yet allow relatively unrestricted access. For example, the Latvian Ministry of Health published the opinion that electronic cigarettes cause harm to the human cardiovascular, hepatic, and renal systems, yet sale is legal to customers over the age of 18. Meanwhile, the Netherlands permits the sale and use of electronic cigarettes, but not advertisement. The Australian Federal Department of Health and Aging prohibits any sale of nicotine, classifying it in the category of poison, with exceptions applying only to cigarettes and traditional nicotine replacement therapies. China, where electronic cigarettes were born, does allow sale and use. However, because standard cigarettes are very cheap, sales of the electronic version are low.


Ultimately, it will be the role of the World Health Organization (WHO) to recommend standard worldwide policy on electronic cigarettes, based on research and study of the impacts to health. As of yet, no such recommendation has been forthcoming, though in the early days of electronic cigarette production (2008), the WHO did insist that manufacturers discontinue claims that the organization supported electronic cigarettes as a smoking cessation aid. At that time, the WHO made the following statement:
"If the marketers of the electronic cigarette want to help smokers quit, then they need to conduct clinical studies and toxicity analyses and operate within the proper regulatory framework. Until they do that, WHO cannot consider the electronic cigarette to be an appropriate nicotine replacement therapy, and it certainly cannot accept false suggestions that it has approved and endorsed the product."


The confront of smokeless cigarette regulation is being felt around the world, as the lack of research causes difficulty in determining what policies will best serve the public interest. Governments worldwide are watching scientific study carefully, hoping that dependable guidance will be available soon.




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