Since smokers have been reduced to huddling in freezing doorways outside restaurants and work places, some people have turned to electronic cigarettes, either in an effort to quit smoking or to smoke without creating second-hand smoke.  The electronic cigarette industry’s annual sales are estimated at more than $100 million.  To the government, an unregulated industry with $100 million in sales is like waving a red flag in front of a bull.

The Wall Street Journal reported on this story on December 21.

In 2009 Congress gave the FDA the power to to regulate tobacco products for the first time.  According to the article, this is the battle:

“The appellate panel ruled that e-cigarettes should be regulated as tobacco products by the FDA, unless marketers make specific claims that the devices help smokers quit or provide other remedies.

“The agency contends that e-cigarettes are drug or medical devices that require preapproval from the FDA, much like nicotine gums, patches or sprays. The agency began intercepting shipments of e-cigarettes from China two years ago, which triggered a lawsuit by the fledgling industry.”

My belief is that when dealing with the government, “follow the money” is the rule.  Electronic cigarettes are not subject to the same taxes that regular cigarettes are–therefore the government does not make the same amount of money when they are bought.  In 2009 Congress passed the State Children’s Health Insurance Program (SCHIP), which increased the tax on cigarettes $0.61 per pack or $10.07 per carton.  Meanwhile, your taxpayer dollars still pay subsidies to tobacco farmers!  I have a suggestion for Congress if they are looking for something in the budget to cut!

The article reports:

“The agency (FDA) on Monday filed a petition to ask the entire U.S. Court of Appeals for the District of Columbia Circuit to hold a new hearing and review the FDA’s appeal, which was rejected Dec. 7 by a three-judge panel.”

This is a story to watch.  How much control of our lives are we willing to give the government?  And have federal agencies overstepped their bounds in what they are attempting to control?