This comment argues that the FDA should regulate ecigarettes, but in doing so, it should take a minimalist approach to regulation. Instead of continuing its attempts to regulate tobacco products under the drug and device provisions of the Federal Food, Drug, and Cosmetic Act ("FDCA"), an incredibly stringent statute, the FDA should focus its efforts under the Tobacco Control Act ("TCA"), which is tailored specifically to regulate tobacco products. While the FDA has extensive regulatory options under the TCA, much of this authority should not be applied to ecigarettes. Part II will provide background information on ecigarettes generally as well as steps the FDA has taken to regulate e-cigarettes and other tobacco products. Part III addresses the FDA's limited regulatory ability under the TCA and describes why it has no regulatory authority over e-cigarettes under the FDCA. Part IV presents alternatives to aggressive regulation of e-cigarettes as well as the benefits of a minimalist federal regulatory scheme that allows ecigarette and other tobacco product users to fully benefit from the potentially reduced health risks of e-cigarettes.
Response or Comment
Nick Dantonio, Comment, Vape away: Why a Minimalist Regulatory Structure Is the Best Option for FDA E-Cigarette Regulation, 48 U. Rich. L. Rev. 1319 (2014).