The E-Cigarettes History
A patent acquired in 1963 by Herbert A. Gilbert was the first known document outlining the concept of the electronic cigarette. It described the invention as a smoke-less and non-tobacco cigarette, and a safe smoking method that substituted burning tobacco and paper with heated, moist and flavored air. However, the technology to actualize it was limited then. Added to it is the fact that at the time, tobacco was not yet generally considered harmful. Thus, the concept was never materialized.
In 2003, Hon Lik, a Chinese inventor, pharmacist and smoker, invented the modern version. He was employed by Golden Dragon Holdings, which developed the device and marketed the product the following year. The company altered its name to Ruyan, which means “like smoke” or “to resemble smoking.” By 2005, exportation of the electronic cigarette began, and in 2007 it received its first international patent.
In April of 2006, the electronic cigarette was introduced in Europe, and around 2006 to 2007, the United States was introduced to it.
In September 2008, U.N.’s World Health Organization (WHO) rejects the electronic cigarette’s claim to being a genuine smoking cessation aid. WHO further demanded the removal of labels which suggest that WHO considers e-cigarettes effective and safe.
In October 2008, Health New Zealand conducted a quantitative analysis for theose who buy electric cigarettes and concluded that they have safe levels of carcinogens and toxins. The product was deemed as a safe alternative to smoking. Ruyan sponsored the study.
Australia prohibited the sale and possession of electronic cigarettes that contain nicotine in January 2009. It cited that “every form of except for replacement therapies and cigarettes are classified as a form of poison.”
After two months, the US Food and Drug Administration (USFDA) added e-cigarettes to Import Alert 66-41. It ordered the United States Customs and Border Protection (USCBP) to stop the entry of e-cigarettes into the country. It subsequently blocked the entry of e-cigarettes imported by Smoking Everywhere, purporting that it is a drug delivery device that requires approval, registration and listing.
Also in March, Canada banned the sale, import and advertising of e-cigarettes. Health Canada advised its citizens to stop purchasing and using e-cigarettes, as they supposedly contain propylene glycol, a known irritant.
In May 2009, Action on Smoking and Health or ASH files a petition to the USFDA calling for it to regulate e-cigarettes.
In April 2009, Smoking Everywhere, an importer and distributor of the electric cigarette, filed a complaint seeking an injunction against the USFDA with respect to its attempts to ban e-cigarette import. It argued that as e-cigarettes are a tobacco product, the USFDA has no authority over it. It contended that e-cigarettes are not drugs, nor are they drug delivery systems or drug device combinations.
In May of that same year, NJOY, a competitor of Smoking Everywhere, joined in the lawsuit against USFDA. The Electronic Cigarette Association is formed in that same month.
In December 2010, the court ruled in favor of the e-cigarette industry. After an appeal is made by the USFDA, the U.S. Court of Appeals denied its appeal.
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