The Food and Drug Administration is not going to stand in the way when it comes to the marketing of e-cigarettes in the US.

That was the message the FDA sent Thursday, when after four years of deliberation the agency proposed assuming regulatory control of the $2 billion e-cigarette industry. It described only a handful of new rules it would enforce, regulations that analysts said will have little effect on the industry’s trajectory — including the marketing dollars pouring into e-cigs.

Notably, the FDA did not weigh in on advertising restrictions. That means the TV commercials, radio spots, print ads, billboards, NASCAR sponsorships and other campaigns will continue. And it’s a stark departure from expectations last year, when analysts and some industry insiders assumed the FDA would try to knock e-cigarette commercials off the air and set other boundaries. Last fall, a tobacco industry analyst referred to a TV ban as a “no brainer.”

On Thursday, Sen. Richard Blumenthal, Democrat of Connecticut, called the FDA’s proposals “timid and tepid,” according to U.S. News and World Report.

“It’s going to get a lot of people upset,” said Jason Healy, president of Blu eCigs.

“From a marketing perspective, I think this is great,” he added, praising what he called the FDA’s science based approach. “It’s a cautious approach and not a knee jerk reaction,” he added.

The lack of rules on e-cigarettes so far has allowed brands like Blu, NJoy and others to advertise on TV — something traditional cigarettes have not done since Congress banned the practice in 1971. Their marketing tactics have resembled Big Tobacco’s old strategies, using celebrities like Jenny McCarthy to endorse their products and running commercials glamorizing the product. The proposals issued today won’t change any of that even if adopted.

The FDA also opted to not ban e-cig flavors or internet sales. It did propose a ban on sale to minors, which e-cig makers and anti-smoking groups both praised, and distributing free samples. If the rules are adopted, e-cig makers will also need approval from the FDA before rolling out a new product and give the agency a list of ingredients in the product. Health warnings will be required, explaining that nicotine is addictive.

So even the fashion industry, that often refer to “smoking” can calm down – they can still use the “smoking image” when trying to find its fashion identity!

Source.