Electronic Cigarette Companies Triumph in Court Ruling

In a recent case filed against two electronic cigarette companies, Federal Judge Richard J. Leon has ruled “in the public interest” stating that the FDA has No Authority over Electronic Cigarettes. This is a great victory for e-smokers worldwide since any question as to whether these products were unsafe “drug devices” has been cleared. That is unless the FDA chooses to fight it.

In April  of 2010, the FDA was granted the authorization to regulate tobacco products. Under pressure from anti-smoking lobbyists, they withheld shipments from two electronic cigarette companies, NJoy and Smoking Everywhere and conducted non-controlled “safety” tests on those products. The dubious test results were widely publicized in an attempt to scare consumers away from purchasing e-cigarettes and to fuel the continued sale and use of tobacco products.

Judge Leon ruled in favor of the electronic cigarette companies saying that electronic cigarettes are substantially likely to succeed on their merits and are likely to suffer irreparable harm if the FDA continues to exert its authority over them.

He went on to say, “This case appears to be yet another example of the FDA’s aggressive efforts to regulate recreational tobacco products as drugs or devices under the FDCA.”

Electronic cigarettes, or e-cigarettes are promoted as “an alternative to traditional smoked tobacco products”. They are designed to replicate the adult experience of smoking without any flame, combustion, smoke or smell and without the use of cancerous by-products such as tar, and carbon monoxide.

E-Cigarettes work by vaporizing liquid nicotine and flavorings. The nicotine mixture is “derived naturally from tobacco plants”.

Not surprisingly, the FDA does not contend that traditional tobacco products are drug-device combinations that should be scrutinized and banned. That’s why the cigarettes industry flourishes! It’s actually illegal to do so under the Supreme Court’s decision in Brown & Williamson Tobacco. Congress did not intend tobacco products delivering nicotine for recreational use to be classified as a drug. If they did, all nicotine products would be either banned or sold by prescription.  If the FDA contends that only non-traditional tobacco products can be drug-device combinations (meaning electronic cigarettes) that should be “regulated”,  I contend that the FDA is being grossly manipulated by special interest groups… and that smells worse than the fattest ugliest cigar.

Judge Leon’s ruling is great news, not only for e-cigarette companies, like NJoy, Smoking Everywhere and Green Smoke, but for smokers everywhere who have been intimidated by unfounded scare tactics orchestrated by the FDA and special interest groups like pharmaceutical companies, the tobacco industry and (surprisingly enough) anti-smoking groups.

There is yet to be a final deposition on this case, but until then e-smokers can rest easy knowing that so far the law is recognizing the safety and merits of electronic cigarettes.

I’m happy too because I know from experience that electronic cigarettes help save lives and contribute to a cleaner, safer environment.

© Copyright Green Lotus, 2011. All rights reserved.

Live Green and Live Long!