Research Paper on E-Cigarettes

The Statement of the Problem

Over the past two decades, the e-cigarette industry evolved and developed quite rapidly due to the low barriers to entry. The market is currently quite competitive probably due to the high profitability potential caused by the increased number of consumers. The utter lack of regulation is responsible for the apparent lack of government intervention, the approval of new products, or the marketing of the same. The producers engage in research and experimentation to create new product design, characteristics, or features without much hindrance. The industry has products that emanate from China and manufacturers based in Virginia. The distribution channels consist of small retailers and at times that quality of the products sold are sub-standard. The conventional cigarette producers have substantial investment currently. Acquisitions of competing firms are common, as the firms yearn to take advantage of existing distribution channels and the market power to improve their standing or position in the market. Improved regulations will definitely lead to the production of high quality e-cigarettes that portend less health risks, protect the environment, and the consumer.

A lot remain unknown about the potential health risks or effects of the e-cigarettes, especially in the case of prolonged use. However, there is concensus that the use of e-cigarettes poses similar challenges or health risk similar to those of the conventional cigarettes. The fact that e-cigarettes do not involve combustions means that they produce less of the contaminants like the one produced by smoking tobacco. Essentially, it contains nicotine but lacks the products associated with combustion, meaning that it exposes the user to less risk compared to nicotine inhalation after undergoing combustion. Such does not mean that it is free of health risk. It contains the toxic substances including carcinogens in diminished qualities. The FDA supported such a finding when it sought to regulate e-cigarettes or sough to regulate the same. The FDA stated that various research works are consistent with the conclusions that the volume of toxicants in the e-cigarette vapor are relatively less and pose less risk when compared to other tobacco or nicotine-containing products subject to FDA regulations. Additionally, e-cigarettes pose less threat to the non-consumers or the by-standers as do traditional cigarettes.

Owing to the supposed minimal amount of health risk posed by the e-cigarettes, some people advocate for their use as a way of reducing the death, disease, or disability caused by the tobacco cigarettes. The public health entities in Virginia currently advance the notion of advocating for the use of e-cigarettes as a way of lessening the profound effects of tobacco usage. Nevertheless, the FDA made a specific acknowledgment that the use of e-cigarette are just as harmful, but depends on the style and the degree of use (Grana, Benowitz, & Glantz, 2014). Towards this end, the formulation of policies that govern the manufacturing, distribution, marketing, and sale of the product is quite difficult due to the support and the opposition it receives in equal measures. Due to the noted potential harmful effects it is essential for the Sate of Virginia to fill the existing policy gaps through the regulation of the various aspects of e-cigarettes that include but not limited to marketing, manufacturing, the sale, use, the pricing, the packaging, and disposal.

Background

Smoking, which includes the conventional smoking and the use of e-cigarettes, is the leading cause of otherwise preventable disability, death, and disease in the United States. Close to 450 000 people die prematurely due to smoking. Smoking qualifies as a pediatric disease since most of the smokers begin before they attain 18 year (Barbeau, Burda & Siegel, 2013). In Virginia, close to 7000 children become daily smokers each year. The children buy close to 10 million packets of cigarettes annually (Barbeau, Burda & Siegel, 2013). A formidable fraction of the mentioned figure also uses the e-cigarettes as a replacement to conventional smoking. The consumption of tobacco particularly by the youth is a serious problem in Virginia.

The initiation to smoking normally begins between the ages of 12-13. Understanding the negative influence and increased degree of tobacco use among the youth, the Virginia General Assembly established the Virginia Foundation for Healthy Youth in the year 1999, and is currently responsible for the statewide campaigns and other efforts to reduce and prevent the use of tobacco or the e-cigarettes among the youth. The foundation is successful since the number of youths indulging in smoking and the ones initiated to smoking are currently quite low compared to a decade ago. Virginia is among the states that prevent smoking of tobacco or e-cigarettes, within the school property. The Virginia Indoor Clean Air Act, Code of Virginia 1950 contains the stated provisions (Bonnie, Stratton, & Kwan, 2015). Nevertheless, the definition of the term "property" limits the scope of the law mainly to the interior of a building, examining that the students and the school fraternity are free smoke in the fields and the school grounds. The smoking trend seems to be shifting from conventional smoking to the use of the e-cigarettes.

E-cigarettes electronic delivery systems otherwise known ENDS are currently popular among smokers in Virginia. In comparison to the combustible cigarettes, people tend to think that that they are less toxic. Additionally, people view them as alternatives or even solutions to curing or reducing the withdrawal or the craving for nicotine, are less expensive, and prevent relapse or promote quitting of combustible cigarette smoking (McNeill, Brose, Calder, Hitchman, Hajek & McRobbie, 2015). It is worth noting that that there is notable difference in the performance and the design of the ENDS across and within various brands. The general features include but not limited to the use of power source or battery, flavorings, and other aspects that permit heating and the delivery of aerosol mist. Ends are classified into three categories namely the rechargeable, larger rechargeable and disposable products.

A strong polarization of views and raging debate exists on the harms versus benefits that the use of ENDS portends. The proponents on the use of e-cigarettes argue ENDS is a disruptive technology that will certainly lead to the complete elimination of the harmful, potentially carcinogenic combustible cigarettes, meaning that it presents a great chance towards alleviating deaths and diseases related to tobacco smoking. On the other hand, the opponents appear preemptive and cautious, as they posit that the eliminating the use of ENDS will potentially alleviate unforeseen health complications and hazards. Additionally, they perceive ENDS as preventing those with the intention of quitting smoking form doing so, and that fancy nature of technology has the potential of attracting new smoker particularly former smokers and the youth.

The market's propensity to attract the use of new products such as ENDS requires the formulation of specific regulations and policies to regulate the same. History suggests that regulation of such a product would require an independent entity charged with the duty of monitoring the trend of usage and subsequently formulating sound policies aimed at protecting the consumer, non-consumers, and the manufacturers (Wilson & Thomson, 2005). In Virginia, and by extension the whole of the United States, rely on the guidance of the Food and Drug Administration (FDA), the Tobacco Control Act, and the guidance by the Center for Tobacco Products (CTP) as the sources of policy to regulate the manufacturing standards, the distribution, and the consumption of ENDS within its jurisdiction. The state regulations and current proposals intend to address various aspects of e-cigarettes that include product features, smoking characteristics, the patterns of use, the impact of e-cigarettes on the cessation of smoking, and the policies that promote healthy and safety of the citizenry as well as the environment. The existing policies are seemingly inefficient, incomprehensive, and utterly ineffective due to the rapid development in the manufacturing technology and scale, the changes in the consumer domains, and the increased marketing activities that definitely call for incessant re-evaluation and the application of scientific and regulatory procedures that match the prevailing trends.

The most notable regulation on ENDS is the Family Smoking Prevention and Tobacco Control Act (2009) also known as the Tobacco Control Act (2009) aims at protecting the health of the members of the public that include the youth. The FDA further published the regulations and policies popularly referred to as the Tobacco Control Act that included the use of the e-cigarettes for all consumers. Notably, e-cigarettes harms the people due to exposure due to smoking, initiates the smoking of combustible tobacco, when it slows the cessation of combustible products by improving nicotine addiction in smokers, and it causes the former smokers revert to smoking. Moreover, e-cigarettes also harm the due to secondhand exposure as they inhale the contacting vapor or the aerosol form contaminated surfaces (Mitchell Hamline School of Law, 2018). It is imperative to note that any repercussion attached to the use of e-cigarettes could lead to premature mortality or diseases.

The use of e-cigarettes poses minimal risk to the personal smoker than as compared to the use of the combustible smokers or the conventional use of tobacco. The assertion is subject to further scientific research since there is need to establish the hazardous constituents of ENDS. The controversy surrounding the raging debate on the potential harmful effects of e-cigarettes depict the potential dangers that the use of such portend to both the adults and the adolescents. The consequences and the use offends is quite complicated due to inconclusive leading to inconclusive evidence on the extent of harm to the smoker and the general population. However, a bigger percentage of the scientific research available does not recommend the use of e-cigarettes especially for the cessation of conventional smoking.

In the contemporary setting, the Virginia school division requires to adopt policies that prohibit any form of smoking within the school property. The assertion is consistent with the Virginia Indoor Clean Air Act, Code of Virginia, 1950, as amended, 15.2- 2820, 15.2-2824, 15.2-2827 (Bonnie, Stratton, & Kwan, 2015). As mentioned, the problem arises in the definition of the term property. The limited definition means that the amendment does not prohibit the use of traditional tobacco products and the e-cigarettes in the fields, the parking lot or the school grounds other than the inside of the buildings. Notably, a bigger percentage or the majority of the Virginia residents support the complete prohibition of tobacco use within the school compounds and among the youth.

The Landscape

The policy considerations offered or considered by the state of Virginia are in the context of a rapidly changing marketing environment, particularly for products that that contain nicotine. The manufacture and the subsequent sale of the products that contain nicotine, which was a reserve or the domination of a few companies that had the financial muscle, is currently flooded with various companies locate within Virginia, the other states within the US and as far as China. The industry now includes smaller companies that manufacture the e-cigarettes and then sell the product in various stores located within the state. To conform to the contemporary developme...