Court Rules FDA Can't Regulate Electric Cigarettes

Court Rules FDA Can't Regulate Electric Cigarettes - By: Evans


Goodyear, AZ - Recently a U.S. appeals court has ruled that the Food and Drug Administration (FDA) cannot block the sale or import of electric cigarettes. The three-judge appellate panel let stand a lower court ruling which said that the FDA has no power to halt the sale of electronic cigarettes or battery-powered nicotine devices. The FDA had appealed a ruling by Federal Judge Richard J. Leon in January 2010.

Electronic cigarettes are not marketed as therapeutic or smoking cessation devices; therefore, the court decided that they should be controlled similarly to tobacco products instead of like smoking cessation aids such as nicotine gum or patches. The decision suggests that the industry will not have to hold expensive clinical trials in order to prove that the products can help smokers stop smoking.

Electric cig companies will instead be regulated like tobacco companies, which have to follow less rigorous restrictions than those for drugs or therapeutic products. Under the Tobacco Act of 2009, the FDA has statutory authority to control the marketing of cigarettes and traditional tobacco products. But, it cannot regulate these products' sale.

The court case started in April 2009 with the FDA's blockage of electronic cigarettes' import, saying that the products were "unapproved drug-device combinations." Some Electric cigarette manufacturers won a preliminary order to prevent the FDA from following through on its ban. In the recent decision, the appeals court opined that the electric cigarette companies were "likely to succeed" in getting a final court ruling in their favor. Although the FDA tried to stop imports during litigation, the appeals court judges believed it would do "irreparable harm" to some businesses.

"Electronic cigs don't include the nearly 4,000 chemicals in regular cigarettes, but we don't view them as health aids or therapeutic devices," says Nick Evans of Red Dragon, which manufactures mini ecigs, ecig battery replacements, and ecig cartridge replacements. "We're very happy that the courts have recognized the true nature of our product and have realized that the FDA overreached its authority when it acted in 2009."

The electric cigarette industry avoids marketing its products to children and teens - and doesn't encourage non-smokers to use nicotine. These companies' target market is people who currently smoke. These consumers often want to enjoy smoking with fewer dangerous chemicals and would like to smoke in public spaces. After the decision was announced, the FDA said they were considering their future legal steps.

About Red Dragon
Red Dragon electronic cigarettes don't contain tar, smoke or any of the toxic chemicals found in cigarette smoke. Electronic cigarettes are designed with a microchip, sensor and atomizing circuit. The circuit is activated when the smoker inhales and it vaporizes a nicotine and flavor solution in the electronic cigarette cartridge. The fine vapor mist provides the sensation and taste of smoking without tobacco smoke. Red Dragon electric cigarette cartridges last longer and produce more vapor than any other brand.

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