FDA Has No Authority Over Electronic Cigarettes
By admin On January 14, 2010
Under Electronic Cigarette
“FDA Has No Authority Over Electronic Cigarettes,” says Federal Judge
In a decision that held high stakes for the USFDA’s efforts to regulate tobacco products, a Federal judge sided with electronic cigarette distributors stating the FDA possesses no authority over electronic cigarettes being shipped into the country. Quoting directly from U.S. District Judge Richard J. Leon:
This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices… [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 previously seized many shipments into the United States, preventing them from being delivered to the distributors. This ruling comes from a challenge issued to the FDA, originating from the first company effected by the FDA’s intervention, Smoking Everywhere.
For now, it appears as though smokers can breathe a sigh of relief and continue on with their less toxic alternative.
