The FDA is Not Done With Ecigs

The FDA is at it again, and yesterday, September 9, 2010, they announced  that they had taken action against 5 separate Electronic cigarette companies for what is calls – “violations of the Federal Food, Drug, and Cosmetic Act (FDCA), including unsubstantiated claims and poor manufacturing practices.”

Then the FDA also sent a letter to the folks at the Electronic Cigarette Association telling them that they intend to “regulate electronic cigarette and related products in a manner consistent with its mission of protecting the public health.”

And heres a copy of each warning letter –

Okay, Why did They Do this?

Well personally, (and I’m SURE not a lawyer), I think it’s a legal maneuver  in response to the legal brief filed last week by Njoy’s lawyers, pending the appeals court hearing on September 23rd.

Remember, I wrote about the FDA loss in January?
To refresh your memory, this is the “scare video” that the FDA produced last year around the time they began seizing shipments from China. In the video, there’s some guy on a home spun YouTube video that says “they’re healthy”. What a dumbass, huh?

The case went to court, and Njoy WON, and the FDA was forced to release their electronic cigarettes from custody, and was prevented from seizing any more.  In fact, in the full decision, the judge wrote this –

Now they’re coming back for more, and we here at Electric Nicotine have obtained a copy of the brief filed by the attorneys of the plaintiff.

The oral arguments are set for sept 23, 2010 – Case # 10-5032 – in the US Court of Appeals for the District of Columbia


Leave a comment if you want me to send you the entire thing – (Even though it’s public record, I’m not sure of my legal status to provide it here yet) , but here are the main argument points I see –


I think that by sending out these letters, the FDA is trying to make a case that they WERE being marketed theraputically, so they DO have the right to regulate them!

I’m not sure how that equates with the stance that ALL electronic cigarettes have taken publicly, that they’re *NOT* a “quit smoking” device, but the lawyers seem to have the time, and our government seems to have the money to try and stop us from vaping.

If you’re afraid that you may not get to try one of these before the government takes them away, then get an Ecig sent to you today for just $10.

Update – Here is a copy of the entire Njoy legal brief that you can download…