Despite Ad Claims, You Can't Smoke E-Cigs on Planes

Editor's note: This is the second article of an AOL News special report. Read the first part here.

(Sept. 16) -- The world of electronic cigarettes is often filled with misleading statements, half-truths and outright lies, and the consumer is often caught smack in the middle.

For example, soon after taking off from Boston, a Southwest flight attendant saw a woman in 22E, a middle seat, puffing on something white with a tan filter, its tip glowing red and a smoke ring floating from her mouth.

When confronted, she told the flight attendant that it's legal to smoke these anywhere, and took another long drag.

The attendant told AOL News that he informed the woman: "No way. Put it out, shut it off or whatever you do to those things, but there's no smoking of anything on this aircraft."

The next week, on the same flight, he said another flight attendant shut down a man in his 70s puffing away on his electronic cigarette. The man offered a piece of paper that came with his "Smoke Anywhere" cigs that said they could be used anywhere.

In a spot check, six U.S. airlines said nothing can be smoked on board.

Smoke Anywhere is one of the major sellers of the electronic smoking devices. The opening page of its website has photos of an aircraft, a bar, a sports arena and restaurant.

But Rick Scherer from Smoke Anywhere told AOL News: "We make no claims as to its use on any flights."

Scores of websites are filled with identical descriptions, product photos and claims -- word-for-word, most promising a better, healthier life and the ability to smoke absolutely anywhere you want.

There are links to hundreds of pseudo-news stories and mock television broadcasts, all touting the wonderful aspects of the Chinese-made devices. Many used identical text but the bylines were different and contained strong implications that the devices and the flavoring liquids and nicotine cartridges were extensively tested. Yet, there's not a sentence explaining who did the safety analyses and when.

The Food and Drug Administration appears to finally be cracking down on many of the claims by the manufacturers of e-cigarettes and other similar products.

Just last week, the FDA went after five e-cig sellers, including one that offered cigarette "juice" for the devices that claimed to help erectile dysfunction and another for weight loss. Neither had been approved for use by the FDA.

That was part of the FDA's first public attempt to regulate electronic cigarettes and related products, which openly hit the U.S. market in late 2005. It was a long-awaited and much-heralded move by public health officials.

The agency charged five companies that import and sell these products with several violations of the Federal Food, Drug, and Cosmetic Act. The FDA also said it intends to regulate the products as drugs.

Virtually all the companies cited and scores of other that have websites claim their products are intended for use as smoking deterrents. The FDA says the companies are not licensed to make these claims.

"Failure to promptly correct these violations may result in legal action without further notice, including, without limitation, seizure and injunction," wrote Michael Levy Jr., director of FDA's Division of New Drugs and Labeling Compliance.

This action, while welcomed by many, may correct the mislabeling and false advertising by the five companies named. But some public health experts -- within and outside the government -- remain concerned that the FDA has done nothing to prevent the continuing sale of the e-cigarettes.

Most of the scientists and physicians believe that there is no credible evidence that these battery-operated smoking devices are safe for human consumption or that they are effective at helping smokers or other tobacco users quit, as some manufacturers have claimed.

But it is clear that the public is curious about them and embracing them in increasing numbers, with a million or more users by some estimates.

Earlier this year, AOL News spent an afternoon at Washington, D.C.'s Union Station. In a far corner, between a cash machine and the liquor store, an attractive, petite woman sat on a stool, a cloud of smoke circling her head.

Beside her, a display of expensive electronic tobacco placebos in various shapes and sizes. She offered a rechargeable electronic cigar for $250, a $20 disposable electronic cigarette advertised to last as long as 20 actual cigarettes, or the standard package of multiple batteries, cartridges, atomizers, a charging unit, and nicotine and assorted flavor liquids for $140.

Lots of people stopped. Many asked questions. When they dealt with issues of safety, she quickly offered a binder of testimonials, articles praising the products and a couple of letters with the FDA seal that seemed to indicate the agency thought they were fine to use.

People bought.

In about 90 minutes, two young men with congressional ID cards around their necks and three military officers -- two Navy and one Army -- walked away with their newly purchased packages of electronic smoking devices. A sign on the table offered "military discounts."

Most declined to talk about why they bought the devices.

But one man, who said his name was Bruce Michaels, told AOL News that he hates to fly.

"I just hate everything about it and she says these are legal on all U.S. aircraft, so it's worth every penny it cost."

The saleswoman smiled and took another drag on her phony cigarette.