Appeals court rules that electronic cigarettes aren't substances

Electronic cigarettes are a product that has been on the industry for more than a year. The FDA made a move to try and end sale of e-cigarettes. They called them “unapproved drug delivery devices”. The FDA has been told today that they cannot regulate e-cigarettes as substances. Instead, the Courtroom of Appeals has indicated the Food and Drug Administration has standing only as tobacco regulator.

The basics of e-cigarettes

E-cigarettes are also known as "e-cigs." They’re vaporizer in a small and tube shaped form. They vaporize a liquid solution to make it inhale-able. The nicotine solution comes with e-cigarettes. It’s intended to be inhaled too. Usually, electronic cigarettes are marketed as “safer” than traditional cigarettes.

Electronic cigarettes are what the Food and Drug Administration is against though

Electronic cigarettes aren’t things the FDA wants around. A ban was almost placed on them this year already. Naming e-cigarettes as "unapproved drug delivery devices" is what they wanted. The Food and Drug Administration banned the importing of electronic cigarettes, alerting customs officials to not accept any shipments of the goods. The safety and efficiency of nicotine gums and patches had to be certified by the FDA. The very same standards of efficacy are what the FDA think ought to be on e-cigarettes.

After ruling, FDA has to stay away from the e-cigarettes industry

The Food and Drug Administration tried to get e-cigarettes banned. This caused an injunction to be filed by 2 different companies. E-cigarettes were developed by both NJOY and Smoking Anywhere which led them to argue the FDA ought to have no controls. Now the U.S. Court of Appeals ruled with a lower court. This was saying that the 2000 tobacco control act means e-cigarettes are subject to regulation. The regulation of all tobacco products is what the Food and Drug Administration wanted to do in 1996. The ruling 5-4 in the Supreme Court was against it. The Campaign for Tobacco-Free Kids, a supporter of the FDA when it comes to electronic cigarettes, responded to the ruling by stating "This ruling invites the creation of a wild west of products containing highly addictive nicotine, an alarming prospect for public health."

Citations

Business Week

businessweek.com/news/2010-12-07/fda-loses-appeal-can-t-regulate-e-cigarettes-as-drug.html

New York Times

prescriptions.blogs.nytimes.com/2010/12/07/e-cigarettes-win-appeals-ruling/?src=twt&twt=nytimeshealth