E-cigarettes as imports cannot be blocked by FDA, U.S. court rules

E-cigarettes as imports cannot be blocked by FDA, U.S. court rules

E-cigarettes may be imported into the United States and the U.S. Food and Drug Administration has no authority to block their entry into the U.S. market if they are not promoted as a treatment, a U.S. court ruled on Tuesday. The FDA sought an appeal earlier of a court decision saying that the agency lacks the legal basis to regulate the battery-powered devices. The agency said that it can regulate all products which contain nicotine including nicotine lollipops and patches. The U.S. Court of Appeals for the D.C. Circuit denied the federal agency’s appeal.

Back in January, Judge Richard J. Leon ruled in favor of e-cigarette distributors NJoy and Smoking Everywhere Inc. by ruling that the FDA can’t block their products from entering the U.S. He then granted a preliminary injunction to the two companies to let them continue importing electronic cigarettes. The companies are saying that their products do not claim to be alternatives to smoking nor gadgets for quitting the habit. Instead the companies claim they are used for recreational purposes only. The FDA had mounted a crackdown on e-cigarettes lately, seizing shipments due to concerns that they are being sold as tobacco alternatives. The agency said that the importers needed to apply for FDA approval for their products because they are actually drugs. E-cigarettes are battery-powered gadgets that heat up a nicotine solution that turns into vapour. Users inhale the vapor. The solution comes in many flavors to entice consumers.  Users can replace some parts and buy more refills.

Posted by George Daniels on Wednesday December 08 2010, 1:42 AM EST. Ref: Wall Street Journal. All trademarks acknowledged. Filed under Featured News, Health. Comments and Trackbacks closed. Follow responses: RSS 2.0