Nanny State

Appeals Court Says FDA May Not Ban E-Cigarettes

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Today the U.S. Court of Appeals for the D.C. Circuit ruled that the FDA may not ban electronic cigarettes as an unapproved "drug/device combination." The appeals court agreed with U.S. District Judge Richard Leon that the battery-powered e-cigarettes, which generate a smoke-free vapor containing nicotine derived from tobacco, are properly regulated as tobacco products. That means the FDA may regulate the marketing of e-cigarettes under the authority granted by the Family Smoking Prevention and Tobacco Control Act but may not treat them like a pharmaceutical product subject to strict clinical testing requirements (a trick it once tried with conventional cigarettes, only to be slapped down by the Supreme Court). The ruling is a victory not just for the companies that brought it, NJOY and Smoking Everywhere, but for smokers who use their products as replacements for ordinary cigarettes, which are far more hazardous.

The D.C. Circuit's decision is here (PDF). Michael Siegel comments here. More on e-cigarettes here.

[Thanks to Bill Godshall for the tip.]

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  1. So we’re about to be treated to pug nosed nanny-statist progressive Henry Waxman taking his turn to squeal about the ‘activist’ judiciary.

    Great. Let’s see which re-run of Without a Trace or Criminal Minds are in tandem on Ion, instead.

  2. What happens if someone mixes e-cigs with caffeine?

    1. The kids will get all hopped up on nicotine, break into little old ladies’ homes, and shit on the floor.

      1. So what’s your excuse?

        *obvious*

    2. You’re not gonna narc on me for aging my coffee stout over dried tobacco leaves, are you?

  3. You know who else doesn’t ban e-cigs?

  4. Great to hear about a sane decision once in a while.

  5. So, lemme see if I’ve got this right…the FDA can’t prevent adults from freely purchasing a legal product because they already regulate it in a different manner? Woohoo, America, home of the…whatever we’re the home of these days.

  6. Grand news for the moment. It’s a lovely way to get a nic fix, without the ugliness of burning things.

  7. She enjoyed seeing a man with a synthetic nicotene-vaporization device grasped firmly in the self-evident symbol of productive potential represented by his human hand. For hours, she could watch the ever-changingly angular relationship of the bones of his thumb and index finger as they worked, in a nearly paradoxical juxtaposition, over the smoothly printed surface of its moulded shell, which she now realized had both been conceived and brought into existence solely by the ingenuity of yet another man, another perfectly productive human man, who himself possessed a genius in no way inferior to that of the man she beheld before her now.

    “You know why I love you, don’t you?” she asked.

    “Yes,” he said, as he drew in another puff of the vapor which he knew represented, to her, the very embodiment of the ultimate human potential, “Yes, I do.”

  8. Thank God. I started using an e-cig two weeks ago and haven’t had an analog cigarette (hardy har har) since then.

    E-cigs are healthier, tastier, cheaper, can be use indoors, and are pretty much better than cigarettes in every way possible. Their biggest drawback for me is that you need to constantly charge batteries, and it takes a few days to get used to the lighter vapor feeling (as compared to smoke).

    Much, much cheaper than cigarettes, and have literally 100+ available flavors on top of the other benefits.

    1. Dear God, we better save you from yourself… and FAST!

    2. Get an eGo. It’s definitely worth the price, and if you go with some low-resistance cartomizers, you’re refilling far less often.

  9. Next up: E-Cigars.

    1. E-cigars’ll never catch on. I mean, what’s the point if I can’t light one with a hundred-dollar bill? Preferably in front of some crying orphans, of course.

  10. True, Slut. The whole point of cigars is that they piss off all the right people.

  11. When are they coming out with the e-Cloves?

  12. The real story of why smoking ban lobbyists are so upset about e-cigs…it’s not the nicotine product they were paid to promote…Nicoderm, Nicorette, Nicotrol, were. More here:

    http://cleanairquality.blogspo…..upset.html

  13. Electronic cigarette is the best way to quit smoking.

  14. common, it is better people smoke electronic cigarettes, than real ones

  15. common, it is better to smoke electronic cigarettes, than real ones. for everyone

  16. common, it is better to smoke electronic cigarettes, than real ones. for everyone

  17. common, it is better to smoke electronic cigarettes, than real ones. for everyone

  18. Yes! Tobacco cigarettes are far more hazardous than e-cigarettes. E-cigarettes reduce the risk of second hand smoke which is the main problem of non-smokers. I am using the Smokebot Electronic Cigarettes. Smokebot electronic cigarettes are the newest and most high state of the art electronic cigarettes and accessories in the market today. With the look similar to that of a tobacco cigarette, Smokebot electronic cigarettes makes the smokers’ experience as close to the real tobacco as possible. It is superior in all ways. From a life-like feel to smoking without pungent odor that makes it possible to smoke in private and close areas where smoking is prohibited. Visit their website at http://www.thesmokebot.com.

  19. Yes! Tobacco cigarettes are far more hazardous than e-cigarettes. E-cigarettes reduce the risk of second hand smoke which is the main problem of non-smokers. I am using the Smokebot Electronic Cigarettes. Smokebot electronic cigarettes are the newest and most high state of the art electronic cigarettes and accessories in the market today. With the look similar to that of a tobacco cigarette, Smokebot electronic cigarettes makes the smokers’ experience as close to the real tobacco as possible. It is superior in all ways. From a life-like feel to smoking without pungent odor that makes it possible to smoke in private and close areas where smoking is prohibited. Visit their website at http://www.thesmokebot.com/

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