Thursday, January 14, 2010
U.S. District Judge Richard Leon today ruled that the U.S. Food and Drug Administration may not regulate electronic cigarettes as drugs or medical devices.
"This case appears to be yet another example of FDA's aggressive efforts to regulate recreational tobacco products as drugs or devices," Judge Leon said in his ruling. He added the FDA's "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."
The FDA has seized shipments of e-cigarettes, saying the electronic cigarettes were essentially drugs or devices that were being imported without FDA approval.
Meanwhile, California Attorney General Jerry Brown has filed suit seeking to halt the sale of one company's electronic cigarettes in the state, saying they contain dangerous chemicals and are being marketed to children.
Brown says Florida-based Smoking Everywhere Inc., a leading manufacturer of e-cigarettes, has no evidence to back up claims their product is safe.