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Congresswoman Debbie Dingell (MI-12) sent a letter to Dr. Stephen Ostroff, Acting Commissioner of the U.S. Food and Drug Administration (FDA) emphasizing the urgent need to finalize a proposed rule to regulate electronic cigarettes. Dingell sent the letter after her constituent, Sgt. Jason Diekman of Wyandotte, was severely injured by an exploding electronic cigarette that badly burned his arms and abdomen, and to express her opposition to recent attempts by Congress to exempt e-cigarettes from regulation. 

The letter can be read in full here.

“Consumers deserve peace of mind in knowing the products they buy at the store are safe for use,” wrote Dingell. “Such assurances currently do not exist for electronic cigarettes due to the absence of federal regulation of these products…the FDA has issued a proposed rule that would extend the agency’s authority to electronic cigarettes, and these troubling incidents underscore the need to finalize this regulation as soon as possible.”

The proposed rule would deem electronic cigarettes to be subject to FDA authority, meaning they would be regulated in the same manner as which FDA currently regulates cigarettes. Manufacturers of electronic cigarettes would be required to register with the agency, report product and ingredient listings, and include health warnings and minimum age restrictions.

Despite numerous reports of injuries caused by defective electronic cigarettes, the House Agriculture and FDA Appropriations bill, which was approved by the Appropriations Committee in July, contains a provision that would exempt e-cigarettes that are already on the market from being retroactively reviewed for safety once the rule is approved.  

In her letter, Dingell urged the FDA to maintain a provision in the final rule that would require pre-market approval of any electronic cigarette that was on the market after February 15, 2007. 

“This provision is essential to ensuring these devices are safe for use and do not have a negative impact on human health,” continued Dingell. “It is my hope that this important regulation is finalized as soon as possible because every day we wait is another day that the American people are put at risk of using faulty products.”  

Anyone who has experienced an adverse event while using an electronic cigarette is encouraged to submit the problem to the FDA’s Safety Reporting Portal. The FDA will use the information to help protect consumers from defective products and ensure proper oversight.