In Canada ("E-cigarette products, including e-liquids, that contain any amount of nicotine or have a health claim fall within the scope of the Food and Drugs Act and require approval by Health Canada before they can be imported, advertised or sold in Canada. Health Canada has not approved any e-cigarette with nicotine for sale; it is not permitted to be sold."
According to Health Canada, this is the law.
But since 2009, despite scores of cease-and-desist letters and tens of thousand of dollars worth of e-cigarettes and e-liquids being effectively turned away at the Canadian border, a number of Canadian e-cigarette companies have stubbornly insisted that Health Canada is wrong about the law. And University of Ottawa law professor David Sweanor says they might be right.
"Just because a government entity says something is illegal, doesn't mean it is," explained Sweanor. "That's not how it works in a constitutional democracy. You can say, 'You're wrong. I'll see you in court.'"
This is just what Canadian e-cigarette companies have done, and Health Canada has not pursued court cases that would force the judicial system to settle indeterminacy around e-cigarettes.
In this legal grey zone Canada's e-cigarette industry has boomed.)*
Which begs the question: Can the fda be sued or otherwise legally compelled to back off before they ultimately cause us to revert to smoking and kill ourselves with tobacco?
[*Quote from Vice]