The FDA has confiscated e-cigarettes when they reach U.S. ports since a year now, because they believed “e-cigarette” is a “drug-device combination,” not a tobacco product, and are subject to stricter regulations than cigarettes or cigars. Suppliers, such as Njoy or Smoking Everywhere, were fighting the right of importing electronic cigarettes since months and today U.S. District Judge Richard J. Leon ruled that the devices are essentially a modern-day tobacco product and not subject to any restrictions (for the us importation) and said: “This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices, unfortunately, its tenacious drive to maximize its regulatory power has resulted in its advocacy of an interpretation of the relevant law that I find, at first blush, to be unreasonable and unacceptable.” .
Suppliers, you can now officially stock up on e-cigarettes! It is FDA approved by law!
You can download the report here: FDA-Lawsuit-Ruling.pdf
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I think Judge Leon made a very fair and responsible decision. He focused on the law and the authority granted the FDA and rightfully decided that they don’t have authority over e-cigarettes since they don’t contain tobacco, which is what the FDA DOES have regulation over. I’m not against regulation, I just think any regulation should be fair and not abusive.
E-cigarettes are not intended to diagnose treat or cure any disease, and they don’t create new diseases (=healthy?). many Thanks to judge Leon to be reasonable and give a hope to smokers.
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