FDA Ruling On Electronic Cigarettes

According to a recent landmark ruling by Judge Leon. He ruled in favor of Smoking Everywhere and the Njoy lawsuit against the FDA. The findings where that electronic cigarette suppliers “are substantially likely to succeed on the merits and are likely to suffer irreparable harm if I do not return the parties to the status quo ante, their respective motions for preliminary injunction are GRANTED pending a final disposition of this case.”

Judge Leon then says, “This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices under the FDCA.”

Electronic cigarettes 1
FDA – 0

The reason in my opinion that this is such a landmark case, is that FDA recently gained the power to regulate tobacco-based cigarettes, but since electronic cigarettes don’t contain tobacco they don’t fall under that regulation.

According to judge Leon “This case appears to be yet another example of FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices” and goes on to say “Unfortunately, its 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.”

So there you have it. Big brother isn’t going to get there way now.

I hope you enjoyed this and please comment, we’d love to hear your thoughts.

Simon Wright
electronic cigarette starter kit blog