"When products threaten the health and safety of Oregonians, we will take action," said Mary Williams, deputy attorney general. "If companies want to sell [image-nocss] electronic cigarettes to consumers, they have to be able to prove they are safe."
The affected travel store chains, Pilot Travel Centers, which has seven centers in Oregon, and TravelCenters of America (TA), which has four centers in Oregon, both sell NJOY brand e-cigarettes.E-cigarettes are battery operated nicotine delivery devices constructed to mimic conventional cigarette. Each "cigarette" consists of a heating element and a replaceable plastic cartridge that contains various chemicals, including various concentrations of liquid nicotine. The heating element vaporizes the liquid, which the user inhales as if it were smoke.
"Despite FDA-issued Import Alerts against NJOY and other brands of electronic cigarettes, and despite the fact that the U.S. Customs Service detained several shipments of these devices, sales of e-cigarettes continue throughout the United States. Sales persisted even though just last week the FDA warned the public about health concerns regarding e-cigarettes," the department said.
The FDA tests showed a wide variation in the amount of nicotine delivered by three different samples of nicotine cartridges with the same label. Tests also revealed the presence of nitrosaminesa known carcinogen. By the time the FDA issued its warnings, the Oregon Department of Justice had already launched an active investigation of the sale and promotion of e-cigarettes. NJOY electronic cigarettes were a target of that investigation.
The settlement prohibits the sale of e-cigarettes in Oregon until they are approved by the FDA, or until a court rules the FDA does not have the authority to regulate e-cigarettes. Even if courts decide that the FDA does not have regulation authority, the settlement stipulates that e-cigarettes may not be sold in Oregon unless there is competent and reliable scientific evidence to support the product's safety claims. In addition, the companies must give the attorney general (John Kroger, pictured) advance notice that they intend to sell e-cigarettes in Oregon, provide copies of all e-cigarette advertising and provide copies of the scientific studies they maintain substantiates their claims.Scottsdale, Ariz.-based said in a statement regarding the FDA's report, "NJOY's products have been on the market since at least April 2007 with no reports of significant adverse health consequences.... NJOY has been tested by an independent third-party laboratory, Exponent.... We are therefore surprised the FDA's testing has resulted in the agency suggesting that our products represent a health risk on par with conventional cigarettes."
The FDA's report admits its conclusions don't apply to all products, the statement said. "Broad statements were made on the call that diethylene glycol (DEG) was detected in the test samples, but the specific report shows that DEG was not found in NJOY's products. The results touted by FDA related to antifreeze are inapplicable to NJOY's products. FDA's report simply shows that the products contain certain tobacco-specific impurities (at much lower levels than conventional cigarettes, and this is something we are having our experts compare in the reports conduct by NJOY and the FDA).
It added, "The FDA has not asked us to relabel our product, or to remove it from product shelves, at any point in the two years we have been in the market."Click hereto view the FDA's e-cigarette page.Separately, Smokefree Innotec Inc. recently issued a statement referring to articles in USA Today and The New York Times regarding the FDA taking aim at e-cigarettes. The national newspapers stated that tests show that certain e-cigarettes contain "known carcinogens and toxic chemicals," including diethylene-glycol (an ingredient used in antifreeze, printing ink, brake fluid and glue) and nitrosamine (which is used in rubber products, the tobacco industry and, less concentrated, in beer and fish products).
Thomas Schroepfer, president of Smokefree Innotec, said, "The company's electronic cigarette was not among those tested and is completely different from those tested as we do not use any kind of transponder substance. We have received confirmations from industry sources with knowledge of our product design and manufacturing process that no carcinogens or toxic chemicals capable of polluting our product are used in the manufacturing process and that the design of our product ensures a lower consumption level of nicotine, while still providing satisfaction to the consumer."
The Nashville, Tenn.-based company is in the business of designing, developing, manufacturing and marketing a "smokeless tobacco innovation." It said its patent-pending, odorless cigarette-style electronic device uses a liquefied, vaporizable depot of a raw, unmanipulated extract of tobacco. "Smokefree Innotec's products are designed to protect the nonsmoker from secondhand smoke and all its effects while providing the smoker a way to enjoy a smoke-free cigarette anywhere, including places where smoking is prohibited. Further, [its] products will allow the smoker to enjoy smoking while not having to worry about the dangers and ill effects of regular cigarette smoking."
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.