Verdict The e-cigarette is not a medicine

First judgment on the e-cigarette: Electric steam devices are not drugs

03/04/2012

Is the e-cigarette an approved drug or not? The Administrative Court of Cologne has now taken a decision on this question. Since nicotine is not used in the case of the e-cigarette as a drug but to satisfy the craving for the narcotic substance, the e-cigarette is not a drug and may be sold for the time being, so the judgment of the court.

E-cigarette for smoking cessation is controversial
In the dispute over the e-cigarette, manufacturers and distributors of electronic gimmicks stumbled against the decision of the Federal Institute for Drugs and Medical Devices, according to which the e-cigarette had been classified as a smoking cessation drug in two cases. This decision would have resulted in costly and costly and lengthy approval procedures for manufacturers. In addition, e-cigarettes should only be sold in pharmacies to adults.

It is considered controversial whether the e-cigarette is suitable for smoking cessation. In addition, there are currently no well-founded scientific studies on the long-term consequences. For the Federal Government, however, there are sufficient indications of a health-damaging and harmful effect in order to discourage the use of electrical stirrings. The Federal Institute for Risk Assessment and the German Cancer Research Center also warn of the health consequences.

After North Rhine-Westphalia has already enforced a ban on e-cigarettes, now also Mechthild Dyckmans, Drug Commissioner of the Federal Government, speaks out for a ban. In the European Union (EU) is also discussed hot on the electric glow sticks.

„Damper“ can breathe for the time being
The Administrative Court of Cologne ruled now that e-cigarettes are no drugs for smoking cessation and sales can continue for now. The statement of reasons stated that while nicotine may be a drug, it is not used to quit smoking in the case of the e-cigarette, but to quench the craving for nicotine. The verdict is not yet legally binding. (File reference: 7 K 3169/11)

Among the initiates is from the „steam“ the tar-free e-cigarette spoken. This consists of a battery unit with electronics and air sensor, a tank and an evaporator chamber. Within the chamber, the flavored liquid, the so-called liquid, is heated and then evaporated at 65 to 120 degrees. The consumer can either start this mechanism at the touch of a button or it will automatically start on every move. Otherwise the e-cigarette is switched off. The controversial product corresponds to almost conventional cigarettes. (Ag)

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Image: Gisela Peter