The U.S. Food and Drug Administration has launched an investigation into JUUL e-cig claims that the product is safer than combustible cigarettes. The San Francisco-based company has been making that claim in political ads it has been running in support of Proposition C, a ballot measure that would reverse the city’s current ban on e-cigarette sales.

Running Afoul of the Law?

Although vape contains no tobacco, they are still considered tobacco products for regulatory purposes, since they contain nicotine. Under those regulations, no manufacturer of e-cigarette products may make the claim that vape is “safer” than combustible tobacco unless the FDA has reviewed the issue and given its approval.

On Sept. 9, the FDA ordered JUUL Labs to cease and desist making unauthorized e-cig claims on pain of fines and seizure of company assets.

However, according to city supervisor Shamann Walton, co-author of the recent legislation banning e-cigarette sales, JUUL has done an end-run around the FDA order by financing a political action committee, which has been continuing to publish campaign flyers and advertisements making claims for e-cigarette safety.

Basis of JUUL E Cig Claims of Safety

On its website, the Coalition for Reasonable Vaping Regulation cites a statement from the U.K. health authority, Public Health England (PHE), which says that “vaping is 95% less harmful than smoking,” adding that it can be an effective aid for those trying to quit combustible cigarettes. The website also includes statements from reputed experts who have come out against the e-cigarette ban.

The website, which also calls for stronger regulations to prevent underage vaping and an end to bulk sales in order to discourage a black market, acknowledges that its campaign receives “major funding” from JUUL Labs.

JUUL E Cig Claims of Safety Draw Skepticism

On the other hand according to The Guardian, while PHE has stated that vaping risks are minuscule when compared to combustible tobacco, researchers working at Birmingham University found evidence to indicate that long-term vaping may have health effects and recommended “cautious skepticism” about safety claims.

On this side of the pond, the U.S. Surgeon General has posted a strong warning online, noting that e-cigarettes contain heavy metals and flavorings that have been linked to lung disease. Johns Hopkins, a leading teaching hospital and center for biomedical research, acknowledges that while vaping is less harmful than tobacco, e-cigarettes are still a major health risk – and is not the best way to stop smoking combustible cigarettes.

They note a recent study showing that most cigarette smokers who have tried vape as a smoking cessation method wind up continuing to use both.

And Still Not FDA Approved…

The claim that vaping can help smokers to kick the habit is another issue that has gotten JUUL Labs in trouble with the FDA. While vape may do less damage than burning tobacco, there is as of yet no scientific evidence that it is effective as a smoking cessation method. To the contrary, evidence suggests that vape can be a “gateway” to combustible cigarette use, and can exacerbate nicotine addiction.