The Business, Entrepreneurship & Tax Law Review


Tyler Manuel


First harvested for export in 1612, tobacco has remained a large, and controversial, part of the United States’ identity. In 1966, 42.6% of the American population smoked cigarettes. Currently, cigarette usage rate is around 14%, its lowest rate ever. Even with this sharp decline, cigarettes remain the number one cause of preventable deaths in the United States resulting in approximately 480,000 deaths per year. Nicotine, the active ingredient in tobacco, is an addictive drug, and many treatments exist for those attempting to quit. Recent studies have shown, however, that electronic nicotine delivery systems, more commonly known as “vapes” or “e-cigarettes”, are more effective than the other forms of commonly used cigarette cessation devices. E-cigarettes have been marked by their own controversy, however, as they have shown to be exceedingly popular among adolescents. Due to the high underage use, many states began implementing their own regulations or bans on e-cigarettes, with the federal government eventually stepping in to attempt to limit underage use. These attempts may have the consequential side-effects of leading those using e-cigarettes as a cessation device to return to using traditional cigarettes and adding a barrier to current cigarette smokers wanting to quit. To remedy this, I propose that the United States Food and Drug Administration (“FDA”) provide e-cigarettes with a specialized Over-the-Counter monograph that would allow adults access to what has shown to be an incredible cigarette cessation tool, while also limiting accessibility to minors.

First Page


Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.