Why the MHRA will fail in an outright ban of e-cig

[samuelmunro]

The MHRA, an agency within the UK's DoH, has announced its intention to go to law in 2013 to have the e-cigarette legally classified as a drug delivery device, and thus subject to an outright ban unless an individual product has an MA and can be sold as a medicine [see Notes for explanation of initials].

There are four legal arguments that could be used to attempt to show that e-cigarettes are a drug delivery device; but unfortunately for the MHRA, all these arguments have been defeated in court many times, when government or regional bans have been challenged. In fact, at the time of writing, government agencies have been defeated each and every time, in several different countries. The arguments do not stand up to challenge; and the courts are also aware that public health is not being protected by proposed regulations, but instead an attempt is being maded to protect the pharmaceutical industry's income at the expense of public health.

Here are the principal arguments that have been tried, and that have repeatedly failed at law: read more...

[gaura]

I knew that the MRHA legislation was being reviewed in 2013, but I had thought that the situation was very hopeful, due to so much precedent being set in EU courts.

It would be a travesty if they did classify them as medical devices, but unless logic and reason go out the window, I cant see it happening.

Th recent ECITA report was so good regarding the the arguments for e cigs, that i feel really hopeful that all will be well when the review comes around.

[DiscoDes]

Link to the ECITA report does not work.

[hifistud]

Jun 28, 2012 17:00:55 GMT DiscoDes said:

Link to the ECITA report does not work.

www.eccauk.org/index.php/news-and-blog.html

[DiscoDes]

Jun 28, 2012 17:27:08 GMT hifistud said:

Jun 28, 2012 17:00:55 GMT DiscoDes said:

Link to the ECITA report does not work.

www.eccauk.org/index.php/news-and-blog.html

Thank you.

[samuelmunro]

I hate BBcode modified the link, and thank you hifi.