The U.S. Food and Drug Administration (FDA) on April 24 announced that it is seeking to regulate e-cigarettes by classifying them in the same category as cigarettes.

E-cigarettes are electronic devices filled with liquid containing nicotine that heat up the liquid so it can be inhaled as vapor. They have become increasingly popular over the past couple of years, and are causing concern among health officials and others because the long-term effects of smoking them has not been fully studied.

The Los Angeles City Council on March 4 approved a ban on smoking e-cigarettes in public buildings, parks, beaches and other locations where cigarette and tobacco smoking is prohibited. The city council also approved an ordinance last December that restricts the sale of e-cigarettes to anyone under the age of 18, and requires that only businesses licensed to sell tobacco products be allowed to sell e-cigarettes. At the same time, the council called on the FDA to further regulate e-cigarettes at the federal level.

FDA spokeswoman Jennifer Haliski said she could not speculate on when the federal restrictions would go into effect. The proposal calls for e-cigarette manufacturers to be required to register their products with the FDA, and to identify ingredients contained in the liquids used for smoking. The manufacturers would not be able to market the products without an FDA review, and would be prohibited from making claims that the devices are less harmful than other tobacco products. It would also restrict e-cigarette manufacturers from selling the products to minors or in vending machines (unless the vending machines are in a location with no access to minors), and from offering free samples. E-cigarettes would also be required to be sold with warnings about their potential health risks.

“Tobacco remains the leading cause of death and disease in this country. This is an important moment for consumer protection and a significant proposal that, if finalized as written, would bring FDA oversight to many new tobacco products,” FDA commissioner Dr. Margaret A. Hamburg said. “Science-based product regulation is a powerful form of consumer protection that can help reduce the public health burden of tobacco use on the American public, including youth.”

In addition to e-cigarettes, the regulations would apply to cigars, pipe tobacco, water pipe tobacco, nicotine gels and dissolvable forms of nicotine. The FDA currently regulates cigarettes, cigarette tobacco, roll-your-own tobacco and smokeless tobacco.

Haliski said the proposal was entered into the Federal Register, and is open for public comment for a 75-day period lasting through July 9. People wishing to comment can visit www.regulations.gov. After the 75-day period, the FDA will vet all public concerns, as is required by law, and will then decide whether to move forward with the regulations. The FDA has the authority to unilaterally enact such regulations under the Family Smoking Prevention Control Act. Congressman Henry Waxman (D-Calif.) praised the FDA’s move.

“This is an overdue but important first step to regulate e-cigarettes, cigars and other tobacco products,” Waxman said. “The rule would prohibit the sale of e-cigarettes and other dangerous products to kids. FDA needs to act quickly to finalize this rule and take additional steps to rein in manufacturers’ marketing practices.”

Haliski said if the FDA ultimately enacts the new regulations, there is a provision in the federal law that allows states and municipalities to go even further by enacting their own regulations. Because the city of Los Angeles has already passed ordinances regulating e-cigarettes that are more restrictive, the city’s laws would supersede the federal regulations, she said.

City Councilman Paul Koretz, 5th District, who authored the city’s motions to restrict e-cigarettes, said the FDA’s decision to move forward with regulations is a positive step. He added that he is concerned, however, that it will take a long time for the regulations to go into effect.

“It would be a very big deal. It seems like every e-cigarette has different chemicals in them and this would make them tell us what they are,” Koretz said. “How dangerous one is over the other, we will be able to tell that.”

The councilman added that the city ordinances are being enforced by the Los Angeles Police Department and the Los Angeles City Attorney’s Office. However, no figures on violations are available yet because the laws only went into effect earlier this year.

“It’s too soon to know,” Koretz added.