Call for e-cigarettes to be included under MSA

Three leading US Democrats have written to 29 state attorneys general urging them to classify electronic cigarettes as cigarettes under the Master Settlement Agreement.

‘This action would have an immediate and much needed impact because it would stop the e-cigarette makers from marketing their products in ways that are appealing to kids,’ said the December 19 letter signed by Rep. Henry A. Waxman, Sen. Dick Durbin, and Rep. Frank Pallone, Jr.

‘Bringing e-cigarettes under the MSA would not remove them from the market or make them unavailable to adults who may see them as a safer alternative to conventional cigarettes.

‘But it would bar the manufacturers from targeting youth, using cartoons and youth-oriented sponsorships to promote their products, and advertising on outdoor billboards.’

The 29 attorneys general targeted by the December 19 letter were those who, in a joint letter of August 8, had supported the Food and Drug Administration’s proposed rule that would bring e-cigarettes under its control, and that suggested ways in which the proposal should be strengthened in key ways, such as prohibiting characterizing flavors in newly deemed tobacco products.

The December 19 letter writers expressed concern that it could be months before the FDA finalized the proposed rule and urge the attorney generals to use their authority under the MSA to take immediate action.

Members of Congress first raised the idea of action under the MSA in a letter to attorneys general dated February 12.