Federal Ruling Allowing Import and Distribution of E-Cigarettes
Newswire Services
January 22, 2010
Providence, RI -- Recently, Judge Richard J. Leon of Federal District Court in Washington issued a preliminary injunction in a lawsuit brought by two distributors of e-cigarettes. In the ruling, Judge Leon stated that e-cigarettes must be classified and regulated by the FDA in the same manner as tobacco cigarettes, and not as drug delivery devices. Therefore, any bans limiting the import and distribution of electronic smoking devices have been lifted.
"This case appears to be yet another example of FDA´s aggressive efforts to regulate recreational tobacco products as drugs or devices," Judge Leon wrote.
With the passage of landmark tobacco legislation last year, he added, the FDA´s new tobacco division will be able to regulate the contents and marketing of e-cigarettes in the same way it will regulate traditional tobacco products. But the agency´s drug division cannot ban the devices, the judge ruled.
While this is a victory for users of alternative smoking devices, the FDA will likely continue to attempt to limit users´ rights by classifying e-cigarettes as tobacco devices, despite the products lack of tobacco or tobacco-based chemicals.
This decision comes less than a month after the New Jersey senate approved a bill by a 38-0 vote, restricting the sale and use of electronic cigarettes, and expanding the "smoking" definition to include e-cigarettes. This was based on recent misinformation presented to the media by the FDA in regards to electronic smoking devices.
Alternative nicotine delivery devices have no products of combustion and none of the toxins found in cigarette tobacco. On the basis of currently available research data, these products should be seen as similar to pharmaceutical nicotine products, as they offer a risk of smoking-related illness well under 1% of the risks faced by traditional tobacco smokers.
"This case appears to be yet another example of FDA´s aggressive efforts to regulate recreational tobacco products as drugs or devices," Judge Leon wrote.
With the passage of landmark tobacco legislation last year, he added, the FDA´s new tobacco division will be able to regulate the contents and marketing of e-cigarettes in the same way it will regulate traditional tobacco products. But the agency´s drug division cannot ban the devices, the judge ruled.
While this is a victory for users of alternative smoking devices, the FDA will likely continue to attempt to limit users´ rights by classifying e-cigarettes as tobacco devices, despite the products lack of tobacco or tobacco-based chemicals.
This decision comes less than a month after the New Jersey senate approved a bill by a 38-0 vote, restricting the sale and use of electronic cigarettes, and expanding the "smoking" definition to include e-cigarettes. This was based on recent misinformation presented to the media by the FDA in regards to electronic smoking devices.
Alternative nicotine delivery devices have no products of combustion and none of the toxins found in cigarette tobacco. On the basis of currently available research data, these products should be seen as similar to pharmaceutical nicotine products, as they offer a risk of smoking-related illness well under 1% of the risks faced by traditional tobacco smokers.
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