Ethical Delimma: E-Cigs

Integrating Values - The Legality, Morality, and Social Responsibility of E-Cigarettes

Abstract

        This article explores the legal, ethical and social issues arising from the controversy of e-cigarettes. First, this paper will introduce the recent regulations imposed by the FDA and the implications that the regulations have on e-cigarette manufacturers in the future. In addition, the state and local regulations will also be examined. Regardless of legality, this paper will also analyze whether the e-cigarette is moral pursuant to three major ethical theories: Utilitarianism, Kantianism, and Ethical Egoism. The social responsibility implications will also be presented in terms of the advantages that engaging in social responsibility will have on the e-cigarette manufacturers. In sum, this paper will analyze the recent heated debate regarding the e-cigarette in an attempt to present all applicable aspects of the argument, given the available scientific evidence.

Table of Contents

Abstract ……………………………………………………………………………………..2

Introduction………………………………………………………………………………….3

Background………………………………………………………………………………….5

Legal Section………………………………………………………………………………...7

Ethics Section Background…………………………………………………………………..14

Utilitarian Ethics……………………………………………………………………………..14

Kantian Ethics………………………………………………………………………………..22

Ethical Egoism………………………………………………………………………………..24

Social Responsibility…………………………………………………………………………24

Conclusion…………………………………………………………………………………….25

Introduction

Both nationally and internationally, the use of electronic cigarettes, also known as e-cigarettes or vaporizers, creates a current controversy, as popularity continues to outpace knowledge. Despite the intent of these products for use as a smoking cessation device, the public health community remains divided on the use of a product whose effectiveness and safety is still unclear (Cabrera, 2011). Because of the lack of scientific research on the health effects of the e-cigarette, coupled with product’s safety malfunctions and the rising use among underage teens, anti-smoking advocates and government regulators continue to question the product’s efficacy. This persistent debate, resulting in newly implemented regulatory standards, creates a legal, ethical and social dilemma for the manufacturers of these e-cigarette products, as well as all other stakeholders affected by e-cigarette products (Cabrera, 2011). These questions create implications for not only e-cigarette consumers, product manufacturers, and anti-smoking advocates, but also for under-age teens, the medical community, and employers. This paper will provide an analysis on the legality, morality, and social responsibility of the e-cigarette as a smoking cessation product.

The first section will include an overview of the electronic cigarette business as a growing, profitable industry. The Legal Section will present current national and state laws associated with the manufacturing and sale of e-cigarettes, as well as recent regulatory standards enforced by the FDA. In addition, other legal doctrines that present substantial bearings in the analysis of the legality of the product will also be presented. In the Ethics section of the paper, the morality of e-cigarettes will be discussed using Utilitarian Ethical Analysis, Kantian Ethical Analysis, and the Ethical Egoism theory. Based on the analysis using these ethical theories, moral conclusions will be presented. Lastly, application of the Social Responsibility definitional principle to e-cigarettes will be applied with implications and recommendations for the major e-cigarette manufacturers.

Background

The Evolution of the Modern E-Cigarette