2013-08-22

The systematic study of scientific papers to provide an overview, the detangling of legal statute and precedent, and understanding the machinations of Government is beyond the day-to-day experience of us, the average vaper. Fortunately experts in the fields of scientific research evaluation, legal interpretation and governmental procedure have recently reported on some key issues surrounding the morally corrupt intention of the UK and EU Governments to force unnecessary, restrictive and unwelcome medical regulation on electronic cigarettes.

By insisting that ‘Marketing Authorisation’ must be granted in order to bring many ecig products to market the Government is adding unnecessary bureaucracy, increasing costs, ensuring innovation is stifled and consequentially denying our freedom to continue to refrain from smoking while they simultaneously condemning existing smokers to a shortened life expectancy by restricting the availability of ecigs as a viable alternative to cigarettes.

Proven Scientifically Illegitimate

The Consumer Advocates for Smoke-free Alternatives Association (CASAA) have funded a study by Professor Igor Burstyn, Drexel University School of Public Health which has recently been released prior to journal publication.

In the study Dr Burstyn looked at over 9,000 observations of the chemistry of e-liquid and the vapor produced.  He establishes from this data that any contaminants vapers are exposed to from ecig use are insignificant and don’t pose any known risk to health. The approach adopted was to compare reported contaminate levels against the strict acceptable workplace environment rules. It is generally accepted that any risks associated with a voluntary action are less strictly controlled than involuntary exposure through one’s work - by comparing vaping with workplace safety Dr Burstyn set a high bar to clear but even to that standard ecigs proved themselves safe even when including the questionable results of some early negative studies.

There is full and clear analysis of the report at the ‘Anti-THR Lies’ website or you can read the full study .pdf  HERE

Proven Legally Illegitimate

The Electronic Cigarette Industry Trade Association (ECITA) has also made a valuable contribution to the debate with their commissioning of Sir Francis Jacobs QC opinion on the legality of proposed medical regulation of ecigs.

As you might imagine the opinion is complex and covers twelve pages. Click here to read “The full text of Sir Francis Jacobs QC’s Opinion on the legality of medicines regulation of electronic cigarettes in the revisions to the TPD (and elsewhere)” as an imbedded .pdf.

The opinion establishes that any legal challenge to the proposed EU Tobacco Product Directive (TPD) would very likely be successful. This would echo the decisions made by the courts in those countries where e-cig restriction or regulation has been universally successfully challenged.

Politically Illegitimate

Junior Health Minister Anna Soubry famously failed to submit herself to scrutiny by the House of Parliament over the EU Draft TPD and then voted for it in Europe. Without having Parliamentary approval for action the correct behaviour would have been to abstain from the vote.

The transcript of evidence that Anna Soubry MP and Andrew Black gave to the House of Commons European Scrutiny Committee after the EU TPD vote is definitely worth reading, if you have the time. CLICK HERE

It has now become known that some other member states representatives did abstain thus making Anna Soubery’s vote a pivotal one. If she had abstained as she should have, the TPD would not have been crushed but there would have been a delay in its progress through the EU Governmental system which could have afforded ministers some time to gather relevant information and reflect further on the proposed action to force the medicalisation of ecigs within the European Union.

The ‘Liberal Vision’ website has a comment piece ‘Nick Clegg should say No Thank EU’ about this affair, which I strongly recommend reading (if you want your blood to boil). A quote from the article will give you a flavour of their rhetoric “Quite how one woman – sticking two fingers up to the UK democratic process – was able to waltz into a room and declare she was negotiating on behalf of the United Kingdom – when, in fact she clearly had no authority to do so whatsoever - will be beyond most people’s comprehension. That her role was then ‘decisive’ in ‘forming a qualified majority’ at the meeting will shock and infuriate in equal measure.”

Argument Won?

Given that on moral, scientific, legal and political grounds the proposed regulation of ecigs has been proven to have no legitimate justification you would be forgiven for thinking that the war against such stupidity has been won. Unfortunately ‘mere’ facts are insufficient to counter the entrenched interests and power of Big Tobacco, Big Pharma and greedy Government.

It is necessary for those who legislate to know that we are watching their actions, that we will hold them accountable for unwanted outcomes and that we will use our democratic right to protest against them. We can make our voice heard, in the media, in public and in the ballot box.

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