The story started April 28th, 2009 when Smoking Everywhere, an electronic cigarette supplier, decided to sue the FDA. Later NJoy aka Sottera Inc., an Arizona based e-cig maker, officially entered the lawsuit against the FDA and the Alliance of Electronic Smokers (AES) also sided with e cigs. The Federal Drug Administration had overstepped their bounds when the agency told customs officials to refuse entry of shipments into the U.S. under the idea that e cigs were “unapproved and/or misbranded drug delivery devices”.

Federal Judge Leon ruled in January 2010 that the FDA can't stop those shipments, and that electronic cigarettes should be regulated as tobacco products rather than as drug-delivery devices, which have more stringent requirements. Even on the FDA’s appeal, Tuesday December 7th 2010, the U.S. Court of Appeals ruled against the federal Food and Drug Administration favoring the E-Cigarette.

Here Are the Facts - FDA Can’t Regulate E Cig as a drug delivery system
What's a electronic cigarette? An “e-cig,” as it’s called, is actually a very small “nebulizer,” a device that turns a liquid into a fine mist that can be inhaled (such as the inhalers used by people with asthma). E-cig mist, however, contains nicotine, not asthma medication, and often some kind of flavoring. The devices are said to be electronic because they are power by a tiny battery.

    Here Are the Facts - Actual FDA Test Results Biased

  • They used the Nicotrol Inhaler as a “control” but didn’t test it for anything except nicotine.
  • They selectively chose to test 14 cartridges from Smoking Everywhere (including zero nicotine) and 4 from Njoy, but didn’t test zero nicotine from Njoy.
  • 100% of tobacco cigarettes contain multiple carcinogens and only 50% of the electronic cigarette cartridges tested contained detectable levels of carcinogens (and even then it was at “very low levels” according to the report)
  • Considering all of the companies out there that provide electronic cigarettes, only the two companies involved in lawsuit were selected for their electronic cigarette study before their press release.
  • FDA quotes “One sample was found to contain diethylene glycol (DEG), a toxic chemical used in antifreeze.” And they say that to scare you, because your mind is conditioned to associate “antifreeze” with “dangerous chemical”. The amount found, which may I remind you was only found in one out of 18 samples, was quoted as “being present” in the sample at less than 1%. And actually, ethylene glycol is much more commonly used to make antifreeze.
  • FDA quotes, “Several other samples were found to contain carcinogens, including nitrosamines.” why did they not test for these same carcinogens and DEG in their “control”, the nicotine inhaler they so highly recommend. (see below for an explaination for their incentive for recommending the nicotine inhaler). AND WHY DIDN'T THEY COMPARE IT TO A TRADITIONAL CIGARETTE, WERE THEY AFRAID TO MAKE THE ECIG LOOK AMAZING IN COMPARISON!

The instances in which an e cigarette is used are more often by traditional cigarette smokers, so why did the FDA not compare an e cigarette to a traditional cigarette? For many, the electronic cigarette has been a great help in their efforts to quit smoking; many of which have had several failed attempts using nicotine gum, patches, lozenges, or nicotine oral inhaled products. So if you ask me, they shouldn't question what is the best alternative to quitting smoking... it should be, how can we help smokers kick their traditional cigarette smoking habit?

see the whole analysis report yourself


This is an actual question from the FDAs Consumer Report FAQ section
Q: What products should people who want to quit smoking use?
A: There are a number of FDA-approved smoking cessation aids, including nicotine gum, nicotine skin patches, nicotine lozenges, nicotine oral inhaled products, and nicotine nasal spray that are available for smokers to use to reduce their dependence on nicotine. Free help is available to all smokers who want to quit at 1-800-QUIT-NOW or by visiting

Funny, seems to be a coincidence that the FDA gets a great deal of their funding from pharmaceutical companies... the same companies that supply the FDA-approved smoking cessation aids above in their Q&A... see for yourself...

I’ve heard about the blind following of main stream media for sometime, but until now I didn’t realize how deep it ran. It runs deep.

    Now Ask Yourself

  • Did you test any cartridges other than the 18 you published?
  • Why didn’t you test the Nicotrol Inhaler for diethylene glycol or tobacco specific nitrosamines?
  • Why didn’t you test the zero nicotine from Njoy?
  • How many reported illness from electronic cigarettes have there been?
  • How many reported deaths from electronic cigarettes have there been?
  • Based on your testing, are electronic cigarettes safer and healthier than tobacco cigarettes to the user and the surrounding public? Or alternatively, are e-cigarette more dangerous or as dangerous as burning tobacco?
  • Why was no American made e-liquid tested?

I don’t think anyone says it better than Instead Electronic Cigarettes at

[It is important to note for anyone who doesn’t know much about the electronic cigarettes, is that the e-liquid is a separate thing from the device. The e-liquid ingredient list can be reworked to make sure there are no cancer causing substances or even impurities. We need time and support to do this, not misleading press conferences. As an example, rather than propylene glycol (which is where many suspect the DEG came from), you can use food grade vegetable glycerin (VG) as the base. Another good question…..why didn’t the FDA test e-liquid with a VG base. This is a distinct advantage over tobacco cigarettes where it has been proven very difficult to make a combustible product safer or healthier.
Responsible suppliers and manufacturers in the industry are very concerned about the quality of the product and the safety of the users. But calling for a ban on electronic cigarettes because of this limited testing is like pulling all beer off the market because 1 bottle had a mouse in it.
So how did 1 sample with DEG and 5 samples with tobacco specific nitrosamines turn into “electronic cigarettes contain cancer causing antifreeze”? Presentation. Oh yeah….and lack of questions.]

Compare for yourself! Electronic Cigarette vs traditional cigarette