The arguments apply less to a device that doesn't deliver nicotine. But such a device would still be used to treat a medical condition -- nicotine addiction. There's a chance an e-cig without a nic cart could be allowed, but authorities can find a legal clause to ban even those. Such a device would be little more than a "pretend" cigarette -- but Mexico banned those! No bubble gum cigars in Mexico!
It's tough because every government depends on tobacco taxes. E-smoking doesn't have heavy taxes and they won't be easy to implement, unless the type of device is made a single-unit, tamper-proof tube with regulated nicotine content (say, 2mg maximum).
I think at the least we're in for vapus interruptus while things get sorted out.
Tropical Bob,
Guess what, I received another reply from the Health Dept following my email asking if Nic free e cig is legal. I hope i am not pissing them too badly, I just cant help but to get to the bottom of it as i refuse to go back to smoking regular .......yuk !!! From their reply i sense they are trying to kick the ball out of their court, here is the reply in its entirely.
Appreciate everyone's thought on this, I am not quitter.....
I refer to your emails dated 5 , 9 and 11 March 2009.
There are two factors upon which our office decides whether a product
is considered as a pharmaceutical product and they are the composition
of the product and the usage claim made in relation to the product.
Therefore, information on a product in addition to just 'non-nicotine
containing' is required before we can advise on its pharmaceutical
product classification.
If you wish to seek our advice on the classification of a particular
non-nicotine containing electronic cigarette product, please provide
the following information:
(a) Complete master formula of the product issued by the manufacturer,
providing the names and quantities of all ingredients and stating their
Latin Botanical/Zoological name (s), if applicable.
(b) Actual or prototype sales pack of the product for use in Hong
Kong.
(c) Package insert or promotional material of the product, if any, to
be used in Hong Kong.
(d) Documentation evidence issued by the Health Authority of the
country of origin confirming whether or not the product is classified
as medical device.
Regards,
Grace W Wong
Pharmaceuticals Registration Section
Pharmaceutical Service
Department of Health