American Association of Public Health Physicians

Re: Citizen Petition to reclassify E-cigarettes from “drug-device combination ” to “tobacco product” Dear FDA: The undersigned submits this petition under the provisions of the new Tobacco Center legislation for which authority has been delegated to the Commissioner of Food and Drugs under 21 CFR 5.10 to request the Commissioner of Food and drugs to reclassify nicotine vaporizers, also known as “E-cigarettes ” or “electronic cigarettes ” from “drug-device combinations under 201(g) and 201(h) of the Federal Food, Drug and Cosmetic Act, to “tobacco product ” under the new FDA/Tobacco legislation. This is one of two petitions I am submitting today on behalf of the Tobacco Control Task Force of the American Association of Public Health Physicians. The other petition is a request to FDA to follow-up on its July 22, 2009 press release with another press release to amend certain statements on the basis of new information provided as attachments to both of these petitions. We have generated these petitions because reclassification of E-cigarettes to tobacco products could open the door to a new harm reduction component to current tobacco control programming. That new component, in turn, could rapidly and substantially reduce tobacco-related illness and death without increasing the numbers of teens initiating nicotine use. Neither I nor AAPHP have received or anticipate receipt of any financial support from any electronic cigarette enterprise, any other tobacco-related enterprise, or any pharmaceutical enterprise