December 10, 2010 - Tuesday December 7th, a U.S. Appeals Court ruled that the Food and Drug Administration (FDA) has no authority to regulate the sale of electronic cigarettes as drugs or devices.   The ruling supported a lawsuit, brought by a company that imports and distributes electronic cigarettes, against the FDA after it denied the importation of electronic cigarettes in 2009. The FDA argues that electronic cigarettes are potentially dangerous since they contain nicotine and should be regulated under the agency’s well established drug and medical device authorities.  The court found that because electronic cigarettes are not marketed as therapeutic products, the FDA cannot regulate their sale using Federal drug or medical device law.  The Court concluded the FDA would need to regulate electronic cigarettes as tobacco products which is a new, less defined and  more time consuming process for the federal public health agency.   The result appears to be that E-cigarettes will remain on the market even though the health consequences of the products are unknown.

In commenting on the court decision, Cheryl G. Healton, Dr PH, President and CEO of Legacy expressed her disappointment and added:  “Despite claims that electronic nicotine delivery systems (ENDS) are a safer alternative to smoking, their novel construction has raised challenging concerns for other risks, including their appeal to young people with flavors like strawberry or chocolate as well as their appeal to people who would use them to bridge times when they cannot smoke and might otherwise be trying to quit.”

For more information please visit:
http://www.google.com/hostednews/afp/article/ALeqM5i-wtOe507aa8PEliIivH_jww4Rvg?docId=CNG.7689f22d4f93e5cf5bd9168ce338877b.381
http://news.yahoo.com/s/usnw/20101208/pl_usnw/DC13937_1