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lobocco Control <br />Legal Consogium <br />Regulating E-Cigarettes <br />The Tobacco Control Legal Consortium has created this series of legal technical <br />assistance guides to serve as a starting point for organizations interested in implementing <br />certain tobacco control measures. We encourage you to consult with local legal counsel <br />before attempting to implement these measures.' For more details about these policy <br />considerations, please contact the Consortium. <br />Electronic Cigarettes (E- Cigarettes) <br />Electronic nicotine delivery systems ( "electronic cigarettes" or "e- cigarettes ") are <br />products often shaped like cigarettes, cigars or pipes that are designed to deliver nicotine <br />or other substances to a user in the form of a vapor. Typically, e- cigarettes consist of <br />battery - powered heating elements and replaceable cartridges that contain nicotine or <br />other chemicals, and an atomizer that, when heated, converts the contents of the cartridge <br />into a vapor that a user inhales. <br />First marketed in China in 2004, these products are now <br />available around the world, thanks largely to Internet sales <br />and aggressive marketing claims promoting the safety, <br />convenience and cost - effectiveness of e- cigarettes over <br />conventional cigarettes. E- cigarette manufacturers also claim <br />that because their products are non- combustible and emit a <br />vapor rather than secondhand smoke they can be legally used <br />where traditional tobacco products are banned. While <br />proponents of e- cigarettes, including some in the public health <br />community, view them as less hazardous alternatives to combustible cigarettes, others see <br />them as gateway products to tobacco abuse and nicotine addiction and support their <br />restriction or even removal from the market. Those in favor of regulating the product <br />point out that e- cigarette cartridges are available in a variety of flavors that appeal to <br />youth (such as bubblegum, chocolate and mint), and can be purchased at mall kiosks, <br />where young people often congregate, as well as online, where safeguards against youth <br />access can be breached more easily than in face -to -face purchases. <br />Public health authorities generally agree on the need for further scientific study to <br />confirm the products' unproven safety claims.2 The Food and Drug Administration <br />(FDA) and many leading public health organizations have expressed concern about the <br />Tobacco Control Legal Consortium 875 SummitAvenue, Saint Paul, MN 55105 -3076 <br />11 <br />www.ldconline.org <br />651 290.7506 <br />