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Government war on e-cigarettes leaves smokers gagging

Yet Minnesota state representative Phyllis Kahn of the Democratic Farmer Labor party has proposed a law that would restrict the usage of e cigarettes throughout the state in the same way that cigarettes are restricted. Democratic lawmakers on Capitol Hill also want to treat e cigarettes the same was as cigarettes by banning e cigarettes in the Capitol, legislative office buildings, and within 25 feet of the entrances of any of those buildings. Southern Illinois University Edwardsville recently banned e cigarettes from all campus buildings. The list goes on and on.

Policy makers should not make policy on the junk science of if it looks like a duck and quacks like a duck, it must be a duck, Craig Weiss, CEO of the e cigarette company NJOY, tells National Review Online. We believe, in general, that our policy makers should be making policy decisions based on science and data, not on conjecture.

Weiss, who became the CEO of NJOY in 2011, has seen the popularity of his product skyrocket. In 2006, when he first became involved in the company, NJOY calculated yearly sales by tens of thousands of reusable e cigarettes. Now it calculates sales by tens of millions.

Currently, e cigarettes are in a gray area of regulation. The Food and Drug Administration has neither studied the product nor issued consumer guidelines on the use and potential risks of the product. The FDA has announced its intention to assert jurisdiction over electronic cigarettes many times, Weiss says, which would be the first step to begin a possible several year long process of creating, drafting, and reviewing consumer guidelines. They first announced their intention to assert jurisdiction in early 2011, and have kept putting up new times they will assert jurisdiction since then.

In the absence of FDA guidelines and regulations, city councils, state legislatures, and even federal lawmakers have been proposing and passing more localized restrictions on e cigarettes.

Our view is that we support reasonable, balanced regulation, Weiss says. I support ingredient disclosure, good manufacturing practices, age restrictions, and what I would call reasonable regulation on advertising, meaning, for example, no using cartoon characters or advertising on Cartoon Network on Saturday mornings.

In the absence of these regulations, Weiss tells me that NJOY currently polices itself, having established such measures as age verification in online sales, disclosing ingredients on its website, and supporting local laws banning sales to minors.

However, some proposed and instituted legislation goes far beyond what Weiss thinks is necessary. A case example is the indoor e cigarette ban proposed on Capitol Hill.