FDA continues to sit quitely while ecig sellers flaunt the law: What is FDA so afraid of?

Last January we submitted a public comment to FDA containing extensive documentation that ecig companies were making therapeutic claims by promoting ecigs for smoking cessation.

This is important because the court decision on FDA regulation of ecigs said that the agency could regulate them as medical devices if the companies made therapeutuc claims.  This means that the FDA can act now on this issue as an enforcement action rather than through the years-long (and getting ever longer) rulemaking process.

Last Friday (Sept 27, 2013) KRMG radio in Tulsa, OK, san a story, "Tulsa doctor touts e-cigarettes, invests in company:His company, Palm Beach Vapors, offers a special deal for smokers who want to quit," which said in part:

A Tulsa cardiologist says evidence that e-cigarettes have become an effective way to quit smoking continues to mount, and he's put his money where his mouth is by investing in a local company.

Dr. Steven Dobratz spoke exclusively with KRMG about his reasoning behind that investment.

"The e-cigarette offers a different way of doing it (quitting) that more mimics traditional smoking," he said. That makes it more effective than traditional patches or gum, according to new research.

"There's a recent study, just came out this month in Lancet, that actually showed some superiority to e-cigarettes over traditional nicotine patches," Dobratz said.

Dr. Dobratz apparently didn't read the Lancet paper carefully.  If showed no difference between ecigs and nicotine patches.  More important, the population studies show that ecigs have no effect or a negative effect on quitting cigs.

The longer the FDA sits quietly and allows this brazen flouting of the law, the less credibility they have and the harder it will be to enact and enforce effective regulations if President Obama ever lets them do it.

What are they so afraid of?  Getting sued?  That is a routine part of dealing with the tobacco companies.  Get a backbone.