Electronic Cigarette Company

TheFood and Drug Administration(FDA) classified electronic cigarettes as drug delivery devices and subject to regulation under theFood, Drug, and Cosmetic Act(FDCA) prior to importation to and sale in the United States. The classification was challenged in court, and overruled by JudgeRichard J. Leonciting that "the devices should be regulated as tobacco products rather than drug or medical products". In March 2010, a US Court of Appealstayedthe injunction pending an appeal, during which the FDA argued the right to regulate electronic cigarettes based on their previous ability to regulatenicotinereplacement therapies such asnicotine gumor patches.

Further, the agency argued that tobacco legislation enacted the previous year "expressly excludes from the definition of 'tobacco product' any article that is a drug, device or combination product under the FDCA, and provides that such articles shall be subject to regulation under the pre-existing FDCA provisions." On 7 December 2010, the appeals court ruled against the FDA in a 30 unanimous decision, ruling the FDA can only regulate electronic cigarettes as tobacco products, and thus cannot block their import.The judges ruled that such devices would only be subject to drug legislation if they are marketed for therapeutic use E-cigarette manufacturers had successfully proven that their products were targeted at smokers and not at those seeking to quit.

The District of Columbia Circuit appeals court declined to review the decision blocking the products from FDA regulation as medical devices on 24 January. On 22 September 2009, under the authorization of theFamily Smoking Prevention and Tobacco Control Act, the FDA banned flavored tobacco (with the notable exception of menthol cigarettes) due to its potential appeal to children.Wagner says that the use of flavorings such as chocolate could encourage childhood use and serve as a gateway to cigarette smoking. Concerns aboutpublic safetyhave been raised. However, some former smokers say they have been helped by e-cigarettes, and scientists at the University of California, Berkeley said that e-cigarettes had great potential for reducing themorbidityandmortalityrelated to smoking. Individual states have differing legal treatment of electronic cigarettes:

The electronic cigarette offers you the ability to smoke in your desired strength of nicotine ranging from high, medium, low and even no-nicotine. The primary stated use of the electronic cigarette is as asmoking cessationdevice, as it attempts to deliver the experience of smoking without, or with greatly reduced, adverse health effects usually associated with tobacco smoke.

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