Safety and Regulation of E-Cigarettes | Fieldfisher
Skip to main content
Insight

Safety and Regulation of E-Cigarettes

24/03/2014
The introduction of e-cigarettes has been the subject of much debate and controversy over the last few years, with many questions still unanswered. As the number of cigarette smokers declines, The introduction of e-cigarettes has been the subject of much debate and controversy over the last few years, with many questions still unanswered. As the number of cigarette smokers declines, 'vaping' is on the rise, with over 7 million estimated to be using e-cigarettes throughout Europe. Some of the main concerns over vaping centre on the sale and marketing of e-cigarettes, public health risks, their quality and safety and, fundamentally, the need for strong regulation.

An e-cigarette is a battery powered metal device which simulates tobacco smoking by heating the liquid solution containing a varying concentration of nicotine and inhaling the vapour. The strength of nicotine is likely to determine the restriction imposed for consumers. The 'e-juice' is also available without nicotine and in other flavours ranging from chocolate to alcohol inspired flavours such as champagne. The device is designed to look like a real cigarette and even has a light at the end which glows in the same way as the tip of a lit cigarette does. This has created fears that it may attract young children and non-smokers to start vaping, especially with celebrity endorsements and promotion through advertising.

The arguments in favour of the device are that it is a safer alternative to smoking tobacco and that it is an aid to smoking cessation. E-cigarettes do not emit smoke or the same odour as traditional tobacco cigarettes but, based on the information available, the vapour cannot be said to be completely harmless. This leads to additional concerns about the side effects of second hand exposure to vapours. Although e-cigarettes do not contain any tobacco they do contain nicotine, itself an addictive substance. The liquid substance used in e-cigarettes also includes toxic chemicals and the product is required to carry a warning to this effect. There is some evidence that e-cigarettes may carry some of the health risks associated with smoking higher risk of cancer and heart and lung disease. Similar concerns have been raised regarding the practice of 'shisha' smoking which grew in popularity in the UK following the introduction of the smoking ban. There is currently no conclusive evidence that it is indeed safe or effective to use e-cigarettes and further research will be necessary. Organisations including the British Medical Association, National Institute for Health and Clinical Excellence and Advertising Standards Agency have conducted reviews and issued their own guidance and warnings about the product.

At present, e-cigarettes are monitored by trading standards and product safety regulations.  Despite claims of benefits to smokers, e-cigarettes are not currently regulated in the same way as existing nicotine replacement therapies such as patches and gum and it is unclear how the sales and accessibility will be monitored to prevent children under the age of 18 from buying them, particularly when they are widely available online. Further oversight appears likely though: the Medicines and Healthcare Regulatory Agency [MHRA] announced in June 2013 that they will be regulating e-cigarettes as a licensed medicine in the UK from 2016 and the European Parliament is also looking at further regulation.

Critics of the light touch to the regulation of e-cigarettes argue that a great deal of time, money and effort has been invested in banning smoking in public places but that e-cigarettes are not covered by this legislation.  Notwithstanding this, some companies and organisations have taken it upon themselves to introduce their own bans and restrictions on vaping. For instance, Heathrow airport now has the world's first smoking and vaping zone and Scotland has recently announced that the 2014 Commonwealth games will be smoke free and these restrictions will include e-cigarettes. Unless and until the UK has specific legislation to deal with these issues there will be an inconsistency with the use of e-cigarettes and no clear guidance on whether indoor vaping is permissible.

Perhaps the key question about e-cigarettes is whether, on the one hand, they will assist individuals to quit smoking for good or, on the other, whether the lesser stigma that attaches to a tar and smoke-free alternative to conventional cigarettes will begin to normalise smoking again.  On that, only time will tell.

Sign up to our email digest

Click to subscribe or manage your email preferences.

SUBSCRIBE