E-cigarettes aren't substances, rules D.C. appeals court

For the last few years, a new smoking machine has been on the market. E-cigarettes can be purchased almost anywhere. The Food and Drug Administration has been trying to ban electronic cigarettes as “unapproved drug delivery devices”. Today, however, the United States of America Court of Appeals ruled the FDA does not have authority to regulate them as anything other than tobacco.

Info on the electronic cigarettes

Electronic cigarettes or “e-cigs” are essentially a small, tube-shaped vaporizer. They have a liquid solution in them. You inhale it after it is vaporized. The nicotine solution comes with electronic cigarettes. It’s intended to be inhaled too. Typically, electronic cigarettes are considered "safer" than normal ones. These are the traditional smoking cigarettes.

Food and Drug Administration argues against electronic cigarettes

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

Ruling made to keep Food and Drug Administration from electronic cigarettes

After the Food and Drug Administration tried to ban electronic cigarettes, two companies filed for an injunction. NJOY and Smoking Anywhere, two companies that develop and sector electronic cigarettes, argued that electronic cigarettes should not be subject to FDA review. E-cigarettes have to be regulated because of the 2000 tobacco control act according to a lower courtroom and United States of America Court of Appeals. 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 Food and Drug Administration is supported on electronic 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."

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