WASHINGTON (CN) - The Food and Drug Administration may regulate electronic cigarettes as it does tobacco cigarettes, according to a proposed regulation.
In recent years, electronic cigarettes have gained popularity as an alternative to tobacco cigarettes. One study of 100,000 adults found the number of people who had ever used e-cigarettes quadrupled between 2009 and 2010.
Critics say there is scant information about the devices' harmful effects and have voiced concern that they are marketed toward minors.
The FDA has proposed regulating e-cigarettes, which generally contain a nicotine-based glycerin solution derived from tobacco.
The agency regulates tobacco products, including cigarettes and smokeless tobacco, and is considering putting e-cigarettes and other newer nicotine products in that category.
"Young adults often mistakenly think non-cigarette tobacco products are safe alternatives to cigarettes," the agency wrote in its proposed rule. The agency added, "research has shown that youth are also particularly vulnerable to the appeal of novel tobacco products. Because of their addictiveness and the marketing and sale of these products (and their subsequent use by youth), some non-cigarette tobacco products can introduce youth into a lifetime of addicted tobacco product use and related harms, including premature death."
In addition to e-cigarettes, the proposed rule would regulate dissolvable tobacco, hookah and pipe tobacco, cigars and nicotine gels, the agency wrote.
Makers of the newly-regulated products would be required to register with the FDA and would only be allowed to sell them after the agency has reviewed them.
E-cigarette companies would not be allowed to distribute free samples, and could not make claims that the products reduce certain medical risks unless the FDA confirms it through scientific evidence, the proposed rule states.
The rule also would restrict minors from buying the newly classified tobacco products, and require health warnings.
"Tobacco remains the leading cause of death and disease in this country," FDA Commissioner Margaret A. Hamburg said in a statement. "This is an important moment for consumer protection and a significant proposal that if finalized as written would bring FDA oversight to many new tobacco products."
In its proposed rule, the agency conceded that e-cigarettes "could help reduce the overall death and disease toll from tobacco product use," but that more information is needed. The "FDA asks for comments, data, and research to determine whether the agency's evaluation of the relative risk or potential for harm reduction of such a product should be different in the presence of flavors in these products, especially if there is evidence that these flavors make the products more attractive to children."
The agency said regulating the new products would provide it with more data to study the public's health related to tobacco use and monitor product development and changes.
Comments on the proposed rule are due by July 9.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.