The federal government has worked to keep e-cigarettes out of circulation, going so far as to halt shipments back in 2008 and 2009. But while Canada has banned such devices, there has been little movement to do the same in America. Last summer the FDA found several of the e-cigarette products to be illegal, however no ban was instituted at that time due to pending litigation on the issue of the FDA’s jurisdiction over the e-cigarettes.

The FDA is at it again, maintaining that the e-cigarette manufacturers are in violation of federal law by claiming their products help smokers quit. All such products are considered drug-delivery devices which falls under the jurisdiction of the FDA.

E-cigarettes deliver nicotine in a puff of hot gas that feels like real smoke. (There are also nicotine-free versions of the E-cigarettes.) The devices come in many sizes and shapes. Many of them look like long cigarettes, while others can look like pipes or cigars. They still all work in basically the same way:

* Users inhale through a mouthpiece.
* Air flow triggers a sensor that will switch on a small heater that is battery-powered.
* The heater then vaporizes liquid nicotine in the small cartridge and also activates a light that is at the “lit” end of the e-cigarette. The users can also opt for a cartridge that is nicotine-free.
* The heater will also vaporize propylene glycol (PEG) in the cartridge. PEG is the ingredient in which the theatrical smoke is made from.
* The user then gets a puff of hot gas that feels very close to tobacco smoke.
* When the user exhales, there is a cloud of the PEG vapor that looks like smoke. The vapor will quickly dissipate.
* The E-cigarettes contain no tobacco products. Even the nicotine in the e-cigarettes is synthetic.

The devices usually retail for $100 to $200. The refill cartridge packs vary in price depending upon the nicotine content. There are also liquid do-it-yourself refills that are sold. Each refill cartridge is good for several uses.

Because there has been little research done on the safety and effectiveness of the e-cigarette devices it is a public health issue for which the government should intercede.  Under the Food, Drug, and Cosmetic Act, a company can’t claim its product can treat or mitigate a disease, such as nicotine addiction, unless the FDA has confirmed the drug is safe and effective. There are also issues of quality control, according to Michael Levy, director of the agency’s Division of New Drugs and Labeling Compliance in the Center for Drug Evaluation and Research.

Five companies were cites for non-compliance: E-CigaretteDirect of Parker, Colorado; Ruyan America of Minneapolis, Minnesota; Gamucci America, also known as Smokey Bayou, of Jacksonville, Florida; E-Cig Technology of Las Vegas, Nevada; and Johnson’s Creek Enterprises, based in Johnson, Wisconsin.