A landmark verdict passed by a federal judge signaled a major victory for electronic cigarette manufacturers in their battle with the FDA. A federal judge directed the FDA to refrain from restraining the import of electronic cigarettes. He further added that e-cigarettes be regulated as per regulations applicable to any other tobacco product as opposed to e-cigarettes being categorized as drug delivery devices.
Almost all reputable electronic cigarette manufacturers have claimed the vapor produced from an electronic cigarette is devoid of the carcinogenic chemicals the smoke from a conventional cigarette has been found to contain. This claim has been hotly contested by the FDA who is often interested in creating an e-cigarette tax, saying further trials need to be conducted to fully ascertain the veracity of the manufacturers’ claims.
The judge rapped the FDA claim and observed that the case put forth by the FDA appeared to highlight the over zealousness of the FDA to impose regulations on recreational tobacco products by categorizing these as drugs or devices. The judge passed the judgment that as such, the FDA cannot block the import of electronic cigarettes by branding them as drug delivery devices.
Judge Leon further stated that the FDA control the import and distribution of electronic cigarettes along the same lines as conventional tobacco cigarettes and concurred with the manufacturers that these devices be marketed as a healthier and safer option to traditional cigarettes as opposed to these being branded as just another stop smoking device.
The battle that got resolved with Judge Leon’s landmark judgment signaled the end of a long drawn battle between the FDA and a major e-cigarette retailer. The FDA has alleged that import of electronic cigarettes is illegal as they do not meet the approval standards set forth for ‘drug delivery devices’, a misleading category that e-cigarettes have been grouped into by the FDA.
That said, numerous products are marketed in the United States that do not have the requisite approvals from the FDA but the FDA overlooks this by claiming that since electronic cigarettes are categorized as drug delivery devices, these need to have FDA approval before these are marketed in the United States.
Quite honestly, with all the testimonials at sites like http://www.cocktailnerd.com/v2-cigs-electronic-cigarette-reviews/ regarding the benefits and advantages of electronic cigarettes I’ve heard from smokers who’ve switched to e-cigarettes, I was worried sick that had the judge ruled in the FDA’s favor, it would have been impossible to buy electronic cigarettes for the American citizen.
I am, as are many other electronic cigarette smokers, thankful that the judge ruled in the favor of the e-cigarette manufacturers and threw the FDAs case right out the window thus heralding the start of a revolution against the FDA and special interest groups that have vested interests in blocking the sale and distribution of electronic cigarettes in the United States.