I just sent this:
Hi XXXXX,
Firstly, let me assure you that as I am not myself a seller, I will not be listing any e cigarettes or components on eBay.
Thank you for taking the time to write such a long and detailed response to my query. Sadly I am still confused by much of what you have written:
'we don't allow E-Cigarettes and any item related to E-Cigarettes (such as cartridges, atomisers, liquid refills, vaporisers, batteries and shells) because these items are not approved by FDA. Please understand that E-Cigarettes or related components can't be listed on eBay.co.uk and eBay.ie until these items get approved from FDA.'
E cigarettes are not approved by the FDA because the FDA does not have the authority to regulate them. They have been told this by two courts of law. The FDA are currently proposing to create a new rule which would allow them to regulate the sale of e cigarettes as tobacco products. However this is still at the proposal and consultation stage and has been since 2011. Any such new rule is likely to be strongly challenged by the flourishing e cigarette industry in the US which is somehow managing not only to survive but to grow rapidly, despite the lack of FDA approval for these products.
There are many things for sale on eBay that do not have FDA approval because this would be entirely inappropriate, for example, 'electronics, cars, fashion, collectibles, coupons and more'. E cigarettes currently fall into the same general consumer products category as all of these, and always have done. There is no legal reason why eBay should not permit their sale.
If you would like to learn more about e cigarettes and the law in the US there is a very clear summary here: changelabsolutions.org/tobacco-control/question/are-e-cigarettes-regulate
There is also a downloadable leaflet with a handy chart detailing the current law and its implications here:
changelabsolutions.org/sites/default/files/E-cigarette_FactSht_FINAL_%28CLS_20120530%29_October21_2011_0.pdf
The sale of items containing nicotine or tobacco related product is prohibited on eBay, owing to the adverse effects of their consumption on human health.You can refer the FDA’s safety warning for e-cigarettes at the following link:
^www.fda.gov/newsevents/publichealthfocus/ucm172906.htm^
Thank you, that is the third time I have been given that link and I have already read that page which does not link to any research to substantiate its claims. I understand your concern with regards to lit tobacco products such as cigarettes, pipe tobacco etc. However, none of the risks of combustion apply to e cigarettes and all the research to date indicates that they are likely to be about as safe as any other product containing nicotine but not tobacco, such as lozenges, gum or patches. I notice from your policy pages that you permit the sale of NRT products.
If you would like to learn more about e cigarettes in terms of health, risks and benefits, I can recommend this very thorough review of all the research to date:
taw.sagepub.com/content/early/2014/02/12/2042098614524430.abstract
(you will need to create an account to view the full paper, which is then free to access)
Or for an easier read, the American Council on Science and Health have produced an excellent paper which you can access here:
www.scribd.com/doc/195347257/Nicotine-and-Health
I am happy to provide many more references to research and policy material from organisations such as ASH UK and the Royal College of Physicians if you feel that would be helpful.
In regards to listing e-shisha or related items on the site, I’m glad to inform that you may list only the shisha/ sheesha flavour or e-shisha/ e-hookha related items, which are Nicotine/ Tobacco free. However, you must provide the same information in the listing as well that the item is nicotine-free. In addition to that, listing e-cigarettes or related items on the site and describing them as e-shisha or parts is not permitted as it would be considered as circumvention of our policy.
This is where I become really confused. Are you aware that there is no difference at all between an e-shisha device and an e-cigarette except for the liquid that is put into it? What criteria do you use to judge whether a device that is advertised as an e-shisha is in fact an e cigarette? The item I bought contained no nicotine or tobacco and was advertised as such in the listing. It was a clearomiser. If I put an eliquid in it that contains nicotine, it's an e cigarette component. If I put an e liquid in that contains no nicotine, it's an e-shisha component. I am sure you can understand my confusion.
Thank you for the link to the suggestions page, I will certainly share my thoughts there in due course. Meanwhile, thank you once again for the time you have taken on my query and I look forward to your response.
With very best wishes,