NEWS FLASH - Federal Judge: FDA Has No Authority Over Electronic Cigarettes

Posted January 14, 2010 at 1:06 pm at e-cig.org

US District Judge Richard Leon has ruled in favor of Smoking Everywhere and Njoy lawsuit against the FDA. He found that the electronic cigarette suppliers “are substantially likely to succeed on the merits and are likely to suffer irreparable harm if I do not return the parties to the status quo ante, their respective motions for preliminary injunction are GRANTED pending a final disposition of this case.”

Judge Leon goes 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.”

Read the complete ruling at the e-cig.org website:

http://www.e-cig.org/2010/01/14/federal-judge-fda-has-no-authority-over-electronic-cigarettes/

Or click this link to view the PDF file:

http://www.e-cig.org/pdfs/FDA-Lawsuit-Ruling.pdf

This is a battle that was won by our side, but the war with the FDA on this matter may still be far from over. Stay tuned for developments on this matter in future posts.

"On behalf of INSTEAD and all of our smoking customers who find the electronic cigarette a great alternative to tobacco cigarettes, thank you Judge Leon."