First, the Fda lacks appropriate legal grounds to state jurisdiction over electronic cigarettes as recommended with this letter. Because the Fda might reason why if ecigarette companies make direct drug claims regarding products, these items may be controlled under FDCA, I don't think there is a legitimate reason for Fda controlling electronic cigarettes under FDCA without marketing claims which establish the main intended standby time with the technique is to help those that smoke in achieving giving up smoking (and for your reason, the main reason for that merchandise is always to treat a condition: smoking dependence). When I have spoken relating to this previously commentaries, it's worth repeating here. A substantial ground in which the Fda says jurisdiction over electronic cigarette reviews is always that these products are "in a position to deliver nicotine" which "nicotine can be a pharmacologic agent." This ground may have been the very best anyone to regulate electronic cigarettes right before passage in the Tobacco Act, nevertheless it forget about holds water due to the controlling framework that was established, quite clearly, with the Tobacco Act which is changes to FDCA. The problem is that this: the identical ground used with the Fda to state jurisdiction over electronic cigarettes under FDCA doubles with the Agency to state jurisdiction over cigarettes and electric tobacco products under FDCA. Is not it the problem that cigarettes and electric tobacco are "in a position to deliver nicotine" which "nicotine can be a pharmacologic agent"? Clearly, then, electronic cigarette and electric tobacco are products designed to "customize the structure or reason for your bodyInch and beneath the FDA's reasoning, ought to be controlled as drugs under FDCA. Consequently, the Fda must take them of this marketplace until their safety can be found in studies, no? Well, precisely why the Fda cannot assert jurisdiction over cigarettes and electric tobacco products under FDCA is easy: since they are thought as tobacco products beneath the Tobacco Act and for your reason ought to be controlled as tobacco products beneath the Tobacco Act, rather than as drugs under FDCA.