Judge Lays Smackdown On FDA Over E-Cigarette
Author: Ron J. Myers
Very recently, e-cigarette users and retailers gained important legal victory. On January 14, 2010, a federal district court judge ruled that the FDA can not ban the importation of the e-cigarette. Judge Richard Leon ruled that the FDA may not regulate the e-cigarette as a "drug device".
The parties to the suit were Smoking Everywhere, Njoy, and the FDA. Both Smoking Everywhere and Njoy are retailers of the e-cigarette in the United States. Neither Smoking Everywhere nor Njoy manufacture e-cigarettes. Instead, they both import e-cigarettes from foreign manufacturers and sell those imported e-cigarettes in the United States.
The events leading to the litigation began back in the fall of 2008 when the FDA decided to ban shipments of e-cigarettes that were destined to arrive at both Smoking Everywhere's and Njoy's e-cigarette retail businesses. The FDA claimed that the e-cigarettes were "drug devices", and accordingly, that they had the power to impose the ban. As a response to the ban, Smoking Everywhere sued the FDA. Later, Njoy entered the suit as a co-plaintiff.
At issue in the case was whether e-cigarettes were ''drug devices" as claimed by the FDA or whether they were "tobacco products" as claimed by Smoking Everywhere and Njoy. If e-cigarettes were "drug devices", the FDA would have the authority to ban them. If, however, e-cigarettes were "tobacco products" then the FDA would not have the authority to ban the importation of e-cigarettes.
Judge Leon decided that e-cigarettes, under the facts of the case before him, were "tobacco products" under the current law. Accordingly, the FDA had no right to outright ban them. In making his decision, Judge Leon made the following points:
1) Under FDA vs. Brown & Williamson Tobacco Corp., a United States Supreme Court Case, the FDA has no authority to regulate tobacco products as "drug devices."
4) The recent Family Smoking Prevention and Tobacco Control Act, which does give the FDA authority over "tobacco products", broadly defines the the term "tobacco products" and the e-cigarette fits within that definition.
2) Congress has a clear intent to not outright ban tobacco products.
3) The e-cigarette is a "tobacco product", so long as no claims are made about its ability to cure nicotine addiction.
4) The FDA may regulate tobacco products, but it cannot outright ban them.
A more through discussion of the case can be found here.
Article Source: http://www.articlesbase.com/quit-smoking-articles/judge-lays-smackdown-on-fda-over-ecigarette-1735049.html
About the Author
Ron J. Myers is an avid writer. His favorite topics are fitness and health. If you are looking to buy an e-cigarette, you can find information here.
[TEMPLATE]cannibis[/TEMPLATE]
e cigeretts are they legal to smoke anywhere?
i have just endeavoured to cut down on my smoking the add for the product says that it is legal to smoke indoors dose this mean i can smoke my e cigarette in pubs and clubs etc
My understanding is, E-cigarettes can be smoked just about anywhere. They are not included in smoking bans because they contain no tobacco and produce no second hand effects. In the UK and the US electronic cigarettes are currently unrestricted.
http://en.wikipedia.org/wiki/E-cigarette
http://ecigarettestore.co.uk/index.html
What do you think is the most reliable/effective e-cigarette?
NJoy?
Smoke Anywhere?
Others?
There is nothing better than a Joyetech 510. More vapor than a DSE901. Larger liquid capacity compared to the DSE901. To many clones of the DSE901 out there and it is to hard to find the real deal. I had a Smoke Anywhere product the company is not far from where I live. In 4 weeks time I had to have the batteries replaced 4 times and half the cartridges did not work. The flavor in the Smoke Anywhere products tasted bland no flavor kinda like smoking card board.
About the E-Cigarette is there a way?
to get more use out of one of those cartridges because they say that one cartridge last just as long as one pack of cigarettes but i don’t think that it does. I was just wondering if anyone knows, also mine leaks out the nicotine if i put it down i can see that it has leaked. Please help i have the smoking anywhere e- cigarette.
Hi,
Yes you can buy e-liquid to refill your cartridges in many different flavors. Those cartridges you have do NOT last even close to a pack of cigs and I used to get a mouthful of juice every time I sucked on it. Yuck!
I get my e-liquid from litecigsusa.com, totallywicked.com, or johnsoncreek.com but there are many other places.
I would totally suggest you do some research on e-cigs before you get to really hate the one you have and give up on them completely. I found this forum e-cigarette-forum.com and learned a lot. Found out I could have bought 3 better ecigs for the price I paid for my smokingeverywhere brand. Anyway, I bought a different style and more supplies and within 2 1/2 weeks was completely off of regular cigarettes without really trying.
Check out the forum and there are links to reputable vendors and lots of reviews of different models of e-cigs. You can see some on youtube also.
Good Luck!
I am 17 years old and smoking. I heard about e-cigarette and wanna buy. How could I then if I’m underage?
I’ve heard that stores are not selling it to teenagers. How would that be helpful to cure young smokers then? Moreover when cigarettes can be bought almost anywhere now but not the electronic cigarettes sold in licensed stores. You know what I mean.
You do have to be 18 to purchase but if you are trying to quit, try to get them the same you are getting yours I suppose? I quit after 10 years of smoking traditional cigarettes by switching to electronic. I think 50% of it for me was the actual act of smoking, which the e-cigarette obviously helps. The ecig doesn’t smell, no second hand smoke, you can smoke it pretty much everywhere, and you still get your nicotine with much less chemicals!
I guess the companies don’t make quit smoking or health claims due to FDA regulations but common sense says 4000+ chemicals vs. a few is going to be much much healthier for you.
As far as brands, just do your research. I tried a few before finding ProSmoke but everyone might want something different. Check cigreviews and electroniccigarettespot for opinions and reviews. The other brands came close but I am very content with what I have now.
In the long run, it is also much cheaper. I would say 50+% for smokers. God this sounds like an infomercial….but do your research and good luck quitting!
can you really smoke anywhere with those blu E cigarettes?
i heard some people in my job talking about how they put weed in it and they smoked it anywhere and it didn’t smell, so could kids be smoking in school and no one would notice?