Appeals courtroom rules that electronic cigarettes are not drugs

For the last few years, a new smoking system has been on the market. Electronic cigarettes can be purchased almost anywhere. The FDA made a move to try and end sale of e-cigarettes. They called them “unapproved drug delivery devices”. The Food and Drug Administration tried to defend its position in court, however the Courtroom of Appeals ruled that they can only control e-cigarettes as tobacco products. Source of article – Court rules that electronic cigarettes are not drugs by Money Blog Newz.

Info on the electronic cigarettes

Electronic cigarettes or “e-cigs” are basically a small, tube-shaped vaporizer. They vaporize a liquid solution to make it inhale-able. Electronic cigarettes are typically packaged with a nicotine solution intended for inhalation. Electronic cigarettes are considered "safer" than traditional ones typically.

Electronic cigarettes getting the FDA mad

This year the FDA already tried to ban e-cigarettes. 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 products. The safety and efficiency of nicotine gums and patches had to be certified by the FDA. E-cigarettes need to be held to the same standards. This is the Food and Drug Administration argument.

After ruling, Food and Drug Administration has to stay away from the e-cigarettes market

After the Food and Drug Administration tried to ban electronic cigarettes, 2 companies filed for an injunction. NJOY and Smoking Anywhere, two corporations that develop and sector electronic cigarettes, argued that electronic cigarettes should not be subject to Food and Drug Administration review. A lower court and now the U.S. Courtroom of Appeals have ruled that e-cigarettes are subject to regulation through the 2000 tobacco control act. The regulation of all tobacco merchandise is what the Food and Drug Administration wanted to do in 1996. The ruling 5-4 within the Supreme Court was against it. The Campaign for Tobacco-Free Children, 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 merchandise containing highly addictive nicotine, an alarming prospect for public health."

Data from

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