PayPal has been warned by the FDA against facilitating the sales of e-cigarettes after the American regulators ruled that the product was “misbrand(ed)”, an unapproved new drug and currently illegal.
Their sale has been banned by the courts in at least one state and the anti-smoking group ASH have asked the attorney-generals in 50 states to consider taking legal action against companies facilitating sales.
The FDA have already said that the product contains chemicals such as diethylene glycol, found in antifreeze and tobacco-specific carcinogens called nitrosamines.
There are also fears that e-cigarettes could pose dangers to those with heart disease, that the products could encourage nicotine addiction and that children might be encouraged by e-cigarettes to start smoking the real thing.
The FDA told PayPal that enabling companies to offer the product was aiding and abetting the sales of an illegal product and warned that they might be in violation of consumer protection laws in individual states.
In allowing the products to be sold, PayPal would be opening themselves up to legal liability. They would also be running the risk of being names as co-defendants should someone who used an e-cigarette or their family member claim that a medical problem was due to the device after it was sold with PayPal’s assistance.
Companies are becoming increasingly nervous about being linked to the sales of such products Facebook said that they not only had banned adverts for the electronic product but would not be approving any new adverts created.