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FDA Bans Safety Improvements in E-Cigarettes and American Lung Association Supports this Unprecedented Regulatory Blunder
https://tobaccoanalysis.blogspot.com/2016/08/fda-bans-safety-improvements-in-e.html
Last Monday, the U.S. Food and Drug Administration (FDA) committed one of the most bone-headed blunders I have ever witnessed in public health.
OK, This peaks my interest.
You may be wondering: How can this possibly pass Constitutional muster? How can the FDA possibly justify a regulation that - on its face - harms the public health by preventing safety improvements in a consumer product?
The answer is that it cannot justify the regulation. There are only costs - and no benefits - of the prohibition on safety improvements. The FDA has clearly violated the Administrative Procedure Act by failing to provide a cost-benefit analysis, and the regulation is arbitrary and capricious and serves no legitimate government purpose. But the legal challenges to this regulation will take months (if not years), and in the meantime, the regulation's prohibition on safety improvements remains in effect (unless a judge issues an injunction that prevents enforcement of the regulation while it the issue is being litigated).
I am really liking the part where the FDA is violating laws.
The rest of the story is that e-cigarettes pose such a threat to the paradigm of tobacco control advocacy that national organizations like the American Lung Association have completely lost their judgment. The sheer fear of a non-tobacco-containing product that could provide satisfaction to smokers without killing them is too much to bear. Ironically, it is the efficacy and health advantages of e-cigarettes that represent the greatest perceived threat to the survival of the mantra of groups like the American Lung Association. And they are fighting to protect that mantra, even at the expense of abandoning the fight against tobacco-related disease and death.
I have always liked the way Dr. Mike Siegel thinks when it comes to this type of shit - 5150
https://tobaccoanalysis.blogspot.com/2016/08/fda-bans-safety-improvements-in-e.html
Last Monday, the U.S. Food and Drug Administration (FDA) committed one of the most bone-headed blunders I have ever witnessed in public health.
OK, This peaks my interest.
You may be wondering: How can this possibly pass Constitutional muster? How can the FDA possibly justify a regulation that - on its face - harms the public health by preventing safety improvements in a consumer product?
The answer is that it cannot justify the regulation. There are only costs - and no benefits - of the prohibition on safety improvements. The FDA has clearly violated the Administrative Procedure Act by failing to provide a cost-benefit analysis, and the regulation is arbitrary and capricious and serves no legitimate government purpose. But the legal challenges to this regulation will take months (if not years), and in the meantime, the regulation's prohibition on safety improvements remains in effect (unless a judge issues an injunction that prevents enforcement of the regulation while it the issue is being litigated).
I am really liking the part where the FDA is violating laws.
The rest of the story is that e-cigarettes pose such a threat to the paradigm of tobacco control advocacy that national organizations like the American Lung Association have completely lost their judgment. The sheer fear of a non-tobacco-containing product that could provide satisfaction to smokers without killing them is too much to bear. Ironically, it is the efficacy and health advantages of e-cigarettes that represent the greatest perceived threat to the survival of the mantra of groups like the American Lung Association. And they are fighting to protect that mantra, even at the expense of abandoning the fight against tobacco-related disease and death.
I have always liked the way Dr. Mike Siegel thinks when it comes to this type of shit - 5150
