The Regulation of E-cigarettes

‘Assessing the roots of the problem [non-communicable diseases] and determining the tools to fight this group of diseases remains indispensable. This book undoubtedly contributes to this objective.Readers will find in this volume a detailed scrutiny of different applicable regimes towards electronic cigarettes, but the discussion contained in the book goes beyond this specific product by reviewing the elements to be taken into account when examining regulatory policies in cases of scientific uncertainty where there is a potential risk to public health. Consequently, this book is recommended to anyone interested not only in tobacco products in particular but rather in risk regulation in general. With a discussion that revolves around science and the law, and the balance to be found between both, this book will be of interest to a broad audience.’
– Elisabet Ruiz Cairó, Legal Issues of Economic Integration

‘The book consistently shows how divergences are mainly due to the lack of conclusive scientific evidence pinning down the actual effects of their use - and abuse. The book is a sound display of how existing legal categories related to tobacco control fail to fully grasp the complexities regarding evolving technologies. The Regulation of E-Cigarettes very aptly reflects the uneasy relationship between legal analysis and ever-evolving scientific data, particularly of an empirical nature. The contributions do an outstanding job at portraying the underlying complexities for reaching the “proper” regulation of a product, such as e-cigarettes, which eludes existing categories. The inclusion of authors with diverse backgrounds and, more importantly, with contrasting views, has been fruitful. Thanks to this decision, there is a broader range of perspectives to the problem at hand. Finding the best regulatory means to guarantee the highest level of protection of human health, whilst respecting economic rights and freedoms, is a challenging multidimensional endeavour, albeit also a necessary one.’
– Pedro A Villarreal, European Journal of Health Law

‘This book is a very useful tool for both theoreticians and practitioners of law.’
– Przemysław Saganek, Polish Yearbook of International Law

‘The Authors of this chapter, as well as the other contributors to Professor Gruszczynski’s volume, succeed in pinpointing and tackling the major problems that e-cigarettes pose to both national and international rule-makers. They offer accurate and well-argued answers, and their sometimes diverging opinions contribute to make the book even more thought-provoking.’
– Silvia Nuzzo, Asian Journal of WTO & International Health Law and Policy

‘I would highly recommend this book not only to academics, practitioners, officials and students interested in this very specific regulatory case of e-cigarettes or in the broader area of health regulation, but to anyone interested in the regulation of disruptive technologies and regulation in the face of scientific uncertainty. It is an excellent illustration of the struggles of the regulators when applying the precautionary principle or a precautionary approach.’
– Sabrina Röttger-Wirtz, European Journal of Risk Regulation

''E-cigarettes have radically complicated the landscape of public health aims, agendas, and strategies, especially given the context of the tobacco endgame. They bring multiple layers of scientific, as well as political and regulatory, complexity and disagreement. This carefully-curated volume brings competing voices and perspectives, and at once highlights a crucial variety of considerations at the core of agendas to promote governance for health, and underscores the challenges we find in reason and reasoning within an environment of polarisation and uncertainty.''
– John Coggon, University of Bristol, UK

‘This unique book addresses one of the most important challenges facing the tobacco control community today. Should regulators treat e-cigarettes as a public health threat or rather as a chance to fully eradicate the tobacco epidemic? Gruszczynski’s interdisciplinary volume provides a much-needed map that can help answer this question.’
– Witold Zatoński, Health Promotion Foundation, Poland

‘This is a fascinating collection of chapters on the regulation of an uncertain, ambiguous and controversial topic. I highly recommend it to anyone interested in the multitude of perspectives on the topic of e-cigarettes and the law. The volume contains contributions from both advocates of more lenient regimes and contributions propagating a stricter regulation. In addition, it contains chapters from different regions, from the global level as well as from different legal fields.’
– Wouter Werner, Vrije Universiteit Amsterdam, the Netherlands and University of Curacao, Curacao

‘The 20th century has been described as the century where governments allowed cigarettes to kill more than 100 million people (i.e. more than the first and second World Wars and the holocaust together). This excellent book is a timely study of the complex, regulatory challenges of e-cigarettes. The review of the scientific evidence relating to electronic cigarettes in Part I - and of international and European regulatory approaches in Part II - of this interdisciplinary, comparative study demonstrates the need for multilevel health governance with due regard to international human rights law, world trade law and health law. European health and risk regulations aim at respecting EU fundamental rights, EU constitutional law principles (e.g. precautionary, subsidiarity and proportionality principles) and legitimate “constitutional pluralism“ in multilevel health governance. The case-studies of American and Chinese regulations of e-cigarettes in Part III of this book illustrate that “Chinese state-capitalism“ (e.g. its denial of human rights and constitutional protection of citizens) and Anglo-American neo-liberalism (e.g. its frequent neglect of economic and social rights and international public goods) offer less comprehensive protection of citizen interests, as also confirmed by the current ‘US-China trade wars’. Professor Gruszczynski’s innovative book succeeds in demonstrating the complexity of “ordo-liberal“ trade and health regulations of “market failures“ and “governance failures“ reconciling civil, political, economic, social and cultural rights and health risks.’
– Ernst-Ulrich Petersmann, European University Institute, Italy

Contributors: A.M. Brandt, M. Bromberg, G.A. Ferro, M. Foltea, C. Gartner, M.E.C. Gispen, L. Gruszczynski, A. Herbeć, P.I. Kovacevic, C.-F. Lin, M.-W. Lo, B. Mercurio, C. Nicolosi, A. Pudło, L. Shahab, C.A. Smith, J.D. Veraldi, C.-F. Wu, M. Zatoński

Contents:

1. Introduction: Regulating e-cigarettes in the face of uncertainty
Lukasz Gruszczynski

Part I Science, regulation and e-cigarettes
2. Divide and conquer? E-cigarettes as a disruptive technology in the history of tobacco control
Mateusz Zatoński and Allan M. Brandt

3. Review of the scientific evidence relating to electronic cigarettes: Where do we stand now?
Charlie A. Smith, Aleksandra Herbeć and Lion Shahab

Part II International and European law perspectives
4. Taming the Schrödinger cat: E-cigarettes under the Framework Convention on Tobacco Control
Lukasz Gruszczynski

5. A human rights approach to the regulation of electronic cigarettes
Marie Elske C. Gispen and Jacquelyn D. Veraldi

6. A ban on Electronic Nicotine Delivery Systems: Step one into the WTO discrimination analysis
Marina Foltea and Bryan Mercurio

7. Regulating e-cigarettes at the EU level
Anna Pudło and Lukasz Gruszczynski

8. Vaping and the precautionary principle in EU law
Giancarlo A. Ferro and Costanza Nicolosi

Part III National law perspectives
9. E-cigarette regulation in Taiwan and China
Chuan-Feng Wu, Ching-Fu Lin and Mao-Wei Lo

10. Regulation of e-cigarettes in US law
Patricia I. Kovacevic

11. One does not simply sell e-cigarettes in Australia: An overview of Australian e-cigarette regulations
Coral Gartner and Marilyn Bromberg

Index