As of right now, they're not accepted as under FDA jurisdiction.
The studies form the FDA are utter shit. They only examined a few brands, and while they find a "carcinogen" and remembered to mention it's in anti-freeze, they somehow failed to mention it's in a lot less sinister products..including Tobacco itself(so it's nothing new)
Once again
there is pending litigation to see if they have jurisdiction.
Don't promote shit as a "quit smoking" tool, and it will hopefully be fine. Here's the rundown right now:
-E-Cigarettes are currently under attack by the Oregon and Connecticut attorney general
-
Smoking Everywhere is currently suing the FDA, saying they have no jurisdiction over E-Cigs unless they're marketed as a quit smoking tool.
-Current legislation, the "Family Smoking Prevention and Control Act" would give the FDA control over tobacco. E-Cigarettes may or may not come with this.
-
The FDA said that e-cigarettes aren't healthy, saying they contain "diethylene glycol", a carcinogen also found in anti-freeze. They examined the products from only 2 companies before making this report.
-While they said
diethylene glycol was in anti-freeze, they did not say it was also in cork, printing ink, glue, many dyes/oils,
skin cream, lotions, deodorants. It can have negative effects in some cases, but is not inherently dangerous.
-The FDA is being lobbied by an organization called "
Action on Smoking and Health" who believes marketers could see
jailtime to promote them...they later pulled back that press release though.
-"Action on Smoking and Health" is a front organization. It's actually run by
Pfizer who own the rights to
Chantix, a "stop smoking" pill that
is FDA approved. However, it has a nasty habit of
leading to suicide. Which explains why they want no competition, and wants E-Cigs under FDA regulatory control.
So there go. A crash course in the FDA+E-Cigarette orgy of doom.