Legality of e-cigarettes may run into 'gray area'

[Christopher]

In response to smoking bans that are popping up nationwide, a smokeless electronic cigarette became popular last year. But the new product might be in trouble.

According to Jane Kenner, one of the product's first purveyors in the U.S. through her Web site ecigsales.com, the electronic cigarettes were never approved by the Food and Drug Administration. Some FDA officials are using this as grounds to declare the product illegal.

The electronic cigarettes are not sold in large enough quantities that the FDA considers them an attention-worthy problem, but now there is an unresolved gray area as to their legality that is affecting business, Kenner said.

"I am a supplier. Sometimes I will ship a certain number of these electronic cigarettes and the FDA official will send them through," Kenner said. "Sometimes the FDA official will say 'No, they are illegal. Send them back.'"

Kenner said the stigma now placed on electronic cigarettes only hurts the smaller retailers.

"The bigger companies are able to get special permission to ship their product," Kenner said, "The smaller suppliers who are actually trying to supply a quality product for a fair price are the ones who get cracked over the head."

Kenner said the market has crowded to the point that it is possible to get a decent product for a decent price.

Pat Callaghan, owner of Jon's Pipe Shop in Champaign, said that his establishment does not sell electronic cigarettes. Although his business does not carry electronic cigarettes, he believes that they are useful because they allow people to smoke inside.

"Since there is no secondhand smoke, there is no reason that they can not smoke inside," Callaghan said.

The electronic cigarettes are not universally loved....

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The electronic cigarettes are not sold in large enough quantities that the FDA considers them an attention-worthy problem, but now there is an unresolved gray area as to their legality that is affecting business, Kenner said.

Well it wont be long till it turn into large quantities...