The Strange and Complicated History of Patenting the E-Cigarette

Editor’s Note: Today’s post is brought to you by Camille Higham, a patent attorney in Jacksonville, Florida, with extensive experience researching e-cigarettes. 

About a year ago, I wrote about e-cigarettes in a blog that is woefully neglected now. At that time, I thought e-cigarettes may fall between a novelty and a passing fad. Now I am still skeptical that e-cigarettes will ever supplant traditional cigarettes, primarily because of how deeply tobacco is entrenched in our history, for better or worse. E-cigarettes are undeniably increasing in popularity, and if they do edge out tobacco-based cigarettes, ironically, it is the Big Tobacco companies, with their deep pockets and market influence, who may be best equipped to make that happen.

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World War I, Part 5: Tobacco in the Trenches

Unlike my previous posts, today’s entry focuses on the war as a whole rather than on a specific army. Tobacco was ubiquitous at the front and ever-present in prewar society. The war ushered in several changes to European smoking culture: Pipes began to fall out of fashion as cigarettes became more popular, and women smoked more in the postwar era as wartime social changes led to questioning of nineteenth-century gender norms. This is most famously embodied in the the “Flapper” archetype.

At the war’s outbreak, pipe smoking was the most common form of tobacco smoking in the militaries of Europe. Soldiers usually received packets of loose tobacco and matches with their rations. Pipe and cigar smoking were also associated with nineteenth-century ideas about masculinity. Cigarettes, although available, were not nearly as popular as pipes and cigars during this period. The war ushered in nothing short of a revolution in American and European tobacco cultures. It was also a period where modern cigarette advertising began.

The Tsarist regime asked civilians to donate tobacco for the war effort. Source:
The Tsarist regime asked civilians to donate tobacco for the war effort.

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Aesthetics and the Failure of the FDA’s Cigarette Warning Labels

Last year the Food and Drug Administration (FDA) approved a series of nine new warning labels for cigarettes. The labels were designed around a series of graphic images intended to highlight the dangers of smoking – a man exhaling smoke through a hole in his throat, a pair of diseased lungs next to a pair of healthy ones, a mouth covered with cancerous lesions, and so on.


The images were surprisingly explicit, and prompted a storm of controversy. The FDA also instituted rules requiring that the labels cover one-half of the front side of all cigarette packages, that the images be rotated regularly, and other similar measures. Not surprisingly, the tobacco companies sued to stop the new rules from going into effect; not long after, a district court judge in Washington ruled that the new regulations were unconstitutional on free-speech grounds. The labels never went into effect, and the people of America continue to be free to buy cigarettes without having to confront images of diseased lips and people blowing smoke through holes in their necks. Read More »