FDA Lost Again – Vapers Victorious… for now!

A United States Court of Appeals in Washington ruled yesterday that the FDA can ONLY regulate e-cigarettes as a tobacco product – NOT AS A DRUG.  This means the feds can oversee the marketing of the items, but cannot restrict their sale.

According to Blomberg:

The U.S. Food and Drug Administration lacks the authority to regulate electronic cigarettes as drugs or devices, an appeals court ruled, upholding a lower-court decision.

I’ve written about the FDA and my home state of Oregon a couple of times before, and this is REALLY good news. As much as I think the tobacco lobbyists were originally behind this, i’m still perplexed by our governments reluctance to accept Ecigs!

Also in the article, it says that…

The FDA is “studying the opinion and considering next steps,” Jeffrey Ventura, a spokesman for the agency, said in an e-mailed statement. Campaign for Tobacco-Free Kids, a Washington-based group, criticized the decision.

“This ruling invites the creation of a wild west of products containing highly addictive nicotine, an alarming prospect for public health,” the group said in an e-mailed statement. “We urge the government to appeal this ruling to the U.S. Supreme Court.”

Wonderful – Another appeal? Really? Why not just TEST the damn things already, instead of trying to restrict our freedoms?

For reference, this case is:

Sottera Inc. vs. the Food & Drug Administration –  10- 5032 in the  U.S. Court of Appeals – District of Columbia Circuit (Washington).

The original lower-court case was:

Smoking Everywhere Inc. vs. the U.S. Food and Drug Administration –  09-cv-00771 – U.S. District Court in the District of Columbia (Washington).

Here is the entire court decision