Appeals courtroom says Food and Drug Administration can't regulate e-cigarettes as drugs

For the last few years, a new smoking gadget has been on the market. E-cigarettes can be purchased almost anywhere. The Food and Drug Administration made a move to try and end sale of e-cigarettes. They called them “unapproved drug delivery devices”. The Food and Drug Administration has been told today that they can’t control e-cigarettes as drugs. Instead, the Court of Appeals has indicated the Food and Drug Administration has standing only as tobacco regulator.

E-cigarette information

Electronic 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. A nicotine solution for inhalation is typically what e-cigarettes come from. Usually, electronic cigarettes are marketed as “safer” than traditional cigarettes.

E-cigarettes getting the Food and Drug Administration mad

Electronic cigarettes aren’t things the FDA wants around. A ban was almost placed to them this year already. It wanted to label electronic cigarettes as “unapproved drug delivery devices.”. The Food and Drug Administration banned the importing of electronic cigarettes, alerting customs officials to not accept any shipments of the goods. The Food and Drug Administration works with nicotine gums and patches right now. The safety and efficacy of them is being monitored. The Food and Drug Administration argued that electronic cigarettes should be studied for the exact same standards of safety and efficacy.

After ruling, FDA has to stay from the electronic cigarettes market

An injunction was filed by two companies after the FDA tries to get e-cigarettes banned. E-cigarettes were developed by both NJOY and Smoking Anywhere which led them to argue the Food and Drug Administration ought to have no controls. Electronic cigarettes have to be regulated due to the 2000 tobacco control act based on a lower court and United States of America Court of Appeals. The FDA was ruled against in 1996 5-4 within the Supreme Court when trying to control all tobacco merchandise. The Food and Drug Administration is supported on e-cigarettes by the Campaign for Tobacco-Free kids. In fact, it responded to the ruling saying, "This ruling invites the creation of a wild west of merchandise 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