Court of Appeals Rules Electronic Cigarettes Can Not Be Regulated as Drug Devices by FDA

The US Court of Appeals in Sottera Inc. v. Food & Drug Administration, 10- 5032, U.S. Court of Appeals, District of Columbia Circuit ruled today that the FDA lacks the authority to regulate electronic cigarettes as drug devices. This upholds a ruling made last year by Federal Court Judge Richard Leon in the original case brought by Smoking Everywhere which has since dropped out of the suit.

The FDA had argued that ecigarettes should be classified as drug devices, but the court said Ecigs can be regulated only as tobacco products under the Family Smoking Prevention and Tobacco Control Act which defines tobacco products as those "derived from tobacco" unless they are marketed as a therapeutic device, which reputable brands of electronic cigarettes are not.

Craig Weiss, the President of Njoy, was quoted by BusinessWeek as saying "we're thrilled! Now we can continue to sell e-cigarettes under the regulations of the tobacco act." and the newly appointed CEO of Njoy, Matt Salmon, ex US senator and former president of the Electronic Cigarette Association was quoted as calling this "a great victory for the American people, especially for long-term committed smokers."

FDA spokesman Jeffrey Ventura said the agency is "studying the opinion and considering next steps" while the Campaign for Tobacco Free Kids critisized the decision complaining "this ruling invites a wild west of products containing highly addictive nicotine, an alarming prospect for public health. We urge the government to appeal this ruling." which was not an unexpected response from them.

What will this mean for the e-cig industry and the millions of vapers around the world? Only time will tell, but for now it seems the vaping world has won it's first real victory and gotten the best Christmas present any of us could have hoped for.

More to come as details become available!